UNITED STATES OF AMERICA v. MARIO AHLAZSHUNA DILLARD
US Court of Appeals for the Fourth Circuit, Agee, May 30, 2018,
Restitution – A victim of child pornography who has suffered harm from the trafficking of his/her image is entitled to restitution from those that traffic in that image, even if that person had nothing to do with the production of the image in question.
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THOMAS M. CANNON v. VILLAGE OF BALD HEAD ISLAND, NORTH CAROLINA
US Court of Appeals for the Fourth Circuit, Wynn, May 30, 2018,
Due Process – A town manager was not entitled to qualified immunity when he sent an e-mail to all town employees falsely stating that officers were fired for sexual harassment.
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RYAN AUSTIN COLLINS v. VIRGINIA
Supreme Court of the United States, Sotomayor, May 29, 2018,
Searches – The automobile exception to the warrant requirement doesn’t automatically allow an officer to enter a house, garage, or portion of the driveway within the curtilage in order to go search the vehicle.
(Concur- Thomas- Get rid of the exclusionary rule for the States)
(Dissent – Alito- I clearly haven’t looked at the picture. Also, “the Fourth Amendment is neither an ‘ass’ nor an ‘idiot.'”)
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SERGIO FERNANDO LAGOS v. UNITED STATES
Supreme Court of the United States, Breyer, May 29, 2018,
Restitution (Federal) – The Mandatory Victims Restitution Act (MVRA) does not authorize restitution for private investigations conducted by a victim prior to law-enforcement action
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RENE GUEVARA-SOLORZANO v. JEFFERSON B. SESSIONS III
US Court of Appeals for the Fourth Circuit, Brinkema, May 24, 2018,
Deportation – Possession with intent to distribute (PWID) over 10 pounds of marijuana qualifies as a crime of moral turpitude under immigration law
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UNITED STATES OF AMERICA v. CHRISTOPHER HARRIS
US Court of Appeals for the Fourth Circuit, Gregory, May 21, 2018,
Sentencing – A defendant who cut his ankle monitor and fled to Thailand prior to sentencing was not required to receive an “acceptance of responsibility” sentence reduction even though he participated in rehab and “paid the court fee for this case.”
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RINA CALVO v. MONTGOMERY COUNTY, MARYLAND
Court of Appeals of Maryland, Adkins, Mary 21, 2018
Workers Comp – A bus driver involved in a collision en route to an annual training on her day off may receive workers compensation if she can show that the training was a “special mission” for her employer.
(Dissent – Greene with Barbera and Getty – The “special mission” doctrine shouldn’t apply because there was nothing “urgent” or “special” about this standard, annual training)
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TRAVION BLOUNT v. HAROLD W. CLARKE
US Court of Appeals for the Fourth Circuit, Niemeyer, May 15, 2018,
Habeas Corpus- Juvenile Life Sentence – A partial pardon reducing a juvenile’s life sentence for a non-homicide crime will make a Graham habeas petition moot
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UNITED STATES v. RENE SANCHEZ-GOMEZ
Supreme Court of the US, Roberts, May 14, 2018
Criminal Class Action – There is no such thing as a criminal “class action” against the government
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TERRENCE BYRD v. UNITED STATES
Supreme Court of the US, Kennedy, May 14, 2018,
Searches – A driver in “otherwise lawful possession” of a rental car can have a reasonable expectation of privacy in the car even if he’s not on the rental agreement
(Concur – Thomas with Gorsuch – More information is needed to determine if the rental car is Byrd’s “effect”)
(Concur – Alito- The court on remand is free to consider the 4th Amendment claim fully or decide the appeal on an alternate ground)
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