UNITED STATES OF AMERICA v. GARNETT ALISON HODGE
US Court of Appeals for the Fourth Circuit, Gregory, August 22, 2018,
ACCA – The Government must identify all convictions it wishes to use to support a defendant’s Armed Career Criminal Act (ACCA) sentence enhancement at the time of sentencing. It cannot later “swap” predicates when one is found to be improper.
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UNITED STATES OF AMERICA v. UNDER SEAL
US Court of Appeals for the Fourth Circuit, Traxler, August 22, 2018,
Plea Agreement – The Government was not required to prove that a defendant was in breach of a written plea agreement in order to decline its exclusive option, under the agreement, to recommend a downward variance for cooperation.
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JULIUS DEVINCENTZ, JR. v. STATE OF MARYLAND
Court of Appeals of Maryland, Adkins, August 13, 2018,
Hearsay – A child’s statement threatening to get the defendant in trouble if he didn’t do what she wanted could be admitted at trial through a third-party as non-hearsay evidence.
(Concur and Dissent – Watts – Agrees on preservation, disagrees that the trial court erred)
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BRYAN MANNING v. DONALD CALDWELL
US Court of Appeals for the Fourth Circuit, Wilkinson, August 9, 2018,
Due Process – VA law prohibiting possession of alcohol by someone “interdicted” as a habitual drunkard or intoxicated driver did not violate due process
(Concur – Motz – Criminalizing an act caused by a compulsion is the same as criminalizing a status)
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UNITED STATES OF AMERICA v. ANTHONY L. BURFOOT
US Court of Appeals for the Fourth Circuit, Diaz, August 8, 2018,
Wire Fraud – A wire transfer used to pay taxes can be considered part of a fraud if the timing and manner of the payment are part of the scheme to defraud.
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ANDREW RICHARD SHAW v. JEFFERSON B. SESSIONS III
US Court of Appeals for the Fourth Circuit, Agee, August 7, 2018,
Immigration – An immigration court may consider an indictment to “look through” a conspiracy conviction and see if the conspiracy was to commit a prohibited crime
THOMAS ALEXANDER PORTER v. DAVID ZOOK
US Court of Appeals for the Fourth Circuit, Thacker, August 3, 2018,
AEDPA – Juror Bias – A defendant alleging that a juror in a murder case involving a law-enforcement officer withheld at voir dire that his brother was law-enforcement in a neighboring jurisdiction is entitled to a hearing to determine whether actual bias existed
(Concur and Dissent – Shedd- Virginia’s decision to deny relief was not unreasonable)
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In re: J.C.N
Court of Appeals, Barbera, July 31, 2018,
Involuntary Commitment – An individual may be considered to pose a danger to herself where she maintains “the delusion that she could function normally without medication and followup treatment” necessary to avoid serious medical issues.
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STATE OF MARYLAND v. CRYSTAL BROOKMAN
Court of Appeals, McDonald, July 31, 2018,
Drug Court – Drug Court “sanctions” related to liberty cannot be imposed until a full, due-process adversarial hearing has been conducted
(Concur – Getty with Hotten – Drug court should be considered in light of its circumstance)
(Dissent – Greene with Adkins and Watts – “The therapeutic nature and purpose of Drug Court proceedings are dependent on the ability of the Drug Court to issue immediate sanctions”)
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UNITED STATES OF AMERICA v. DOMINIC DEMARCUS STEELE
US Court of Appeals for the Fourth Circuit, Gregory, July 27, 2018,
Restitution – Restitution for theft of commonly traded items should be based on the fair market value of the items stolen, not the replacement cost
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