CRAIG WILLIAMS v. STATE OF MARYLAND
Court of Appeals of Maryland, Greene, January 18, 2019,
Child Abuse– “Serious physical injury” requires that loss or impairment of a member or organ of the body be “permanent or protracted.”
Dissent – Watts and Getty – Defense counsel should be responsible for not objecting to the incorrect instruction. Also, error was harmless.
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THE CITY OF NEW YORK; THE CITY OF PHILADELPHIA; THE CITY AND COUNTY OF SAN FRANCISCO v. THE UNITED STATES DEPARTMENT OF DEFENSE
US Court of Appeals for the Fourth Circuit, Wilkinson, January 16, 2019,
Background Check – Cities cannot sue the Department of Defense under the Administrative Procedure Act to force it to participate fully in the National Instant Criminal Background Check System.
DENARD STOKELING v. UNITED STATES
Supreme Court of the United States, Thomas, January 15, 2019,
ACCA – Robbery qualifies as a “violent felony” under the ACCA as long as it requires that the suspect use force sufficient to overcome resistance
UNITED STATES OF AMERICA v. CARL JAVAN ROSS
US Court of Appeals for the Fourth Circuit, Gregory, January 14, 2019,
Sentencing – A sentencing judge cannot prohibit a defendant from using the internet for life without explaining why.
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UNITED STATES OF AMERICA v. MICHAEL SLAGER
US Court of Appeals for the Fourth Circuit, Wynn, January 8, 2019,
Deprivation of Rights Under Color of Law – A former police officer was properly convicted of Deprivation of Rights Under Color of Law and sentenced using murder guidelines where he shot an unarmed, fleeing suspect five times in the back.
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UNITED STATES OF AMERICA v. GARY GIOVON LYNN
US Court of Appeals for the Fourth Circuit, Jones, January 7, 2019,
Sentencing – A federal judge may decline to specify whether a sentence will run concurrent with an anticipated state sentence as long as she considers
USSG factors
BRIAN DAVISON v. PHYLLIS RANDALL
US Court of Appeals for the Fourth Circuit, Wynn, January 7, 2018,
First Amendment – Control of a “Government Official” Facebook page involves acting “under color of law” and is subject to First Amendment limitations
(Concur – Keenan – “The Supreme Court should consider further the reach of the First Amendment in the context of social media.”)
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CITY OF ESCONDIDO, CALIFORNIA, ET AL. v. MARTY EMMONS
Supreme Court of the United States, Per Curiam, January 7, 2019,
Qualified Immunity – It is improper to deny an officer qualified immunity for acting in good faith unless courts had already placed the specific issue beyond question.
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TIM SHOOP, WARDEN v. DANNY HILL
Supreme Court of the United States, Per Curiam, January 7, 2019,
AEDPA – Death Penalty – The Supreme Court’s 2017 decision in Moore v. Texas should not be applied to review of a State post-conviction concluded in 2006.
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UNITED STATES OF AMERICA v. THOMAS ANTHONY HAMMOND
US Court of Appeals for the Fourth Circuit, Keenan, January 4, 2019,
Sentencing – New York’s Robbery in the First Degree qualifies as a “crime of violence” for a “career offender” sentencing enhancement.