UNITED STATES OF AMERICA v. EDGAR SEARCY
US Court of Appeals for the Fourth Circuit, Diaz, Jan. 18, 2018,
Sex Offender Commitment – The general 4-year statute of limitations on civil actions does not apply to civil commitment under the Adam Walsh Child Protection and Safety Act of 2006.
(Concur – Thacker – Civil commitment proceedings are civil actions, but would find the 4-year limitation inapplicable for a different reason)
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UNITED STATES OF AMERICA v. DONALD COVINGTON
US Court of Appeals for the Fourth Circuit, Biggs, Jan. 18, 2018,
Sentencing – Crime of Violence – West Virginia’s “unlawful wounding” statute qualifies as a crime of violence under the force clause of the USSG.
In re: JARIUS DAMAR PHILLIPS
US Court of Appeals for the Fourth Circuit, Niemeyer, Jan. 16, 2018,
Writ of Habeas Corpus – Successive applications for a writ of habeas corpus requires that a claim was not already litigated and relies on a new constitutional rule made retroactive that was previously unavailable.
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UNITED STATES OF AMERICA v. WILLIAM CARL WELSH
US Court of Appeals for the Fourth Circuit, Diaz, Jan. 12, 2018,
Sex Offender – Civil Commitment – Jurisdiction for a civil commitment of a sexually dangerous person does not depend on the integrity of the criminal conviction that prompted the original referral for assessment.
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GREATER BALTIMORE CENTER FOR PREGNANCY CONCERNS v. MAYOR AND CITY COUNCIL OF BALTIMORE
US Court of Appeals for the Fourth Circuit, Wilkinson, Jan. 5, 2018,
First Amendment- Requirement that pregnancy services post a sign that they do not provide abortions if they do not do so unduly burdened 1A rights
MARCUS JAMAL LINDSEY v. STATE OF MARYLAND
Court of Special Appeals, Geter, Jan. 2, 2018,
Doctrine of Completeness – An excerpt from a phone conversation may be admitted under the rule of completeness even if it occurs on a different date than the original conversation. Context is more important than contemporaneity.
WILLIAM C. O’HARA v. NIKA TECHNOLOGIES, INC.
US Court of Appeals for the Fourth Circuit, Duncan, Dec. 22, 2017,
Whistleblower Protection- False Claims Act (FCA) – The FCA can protect a “whistleblower” from discharge due to reporting a third-party’s fraud against the government
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TRAVIS HARDING v. STATE OF MARYLAND
Court of Special Appeals, Meredith, Dec. 21, 2017,
Guilty Plea – Appeal- A properly filed motion to withdraw a guilty plea requires a hearing
PATRICK A. GOODWIN v. STATE OF MARYLAND
Court of Special Appeals, Graeff, Dec. 21, 2017,
Vehicle frisk
UNITED STATES OF AMERICA v. JOLON DEVON CARTHORNE
US Court of Appeals for the Fourth Circuit, Keenan, Dec. 21, 2017,
IAC – A mistake by trial counsel that does not qualify as “plain error” may still satisfy the Strickland prejudice prong and constitute ineffective assistance of counsel.