Please ensure Javascript is enabled for purposes of website accessibility

Tag Archives: 4th U.S. Circuit Court of Appeals

Private-school student not eligible for services, 4th Circuit affirms (access required)

Baltimore’s public school system is not required to provide a private-school student with educational services for attention deficit hyperactivity disorder and anxiety, a federal appellate court held Wednesday.

Read More »

High court takes up sentencing factors case (access required)

In a case that raises the question of whether judges or juries should decide factors that could trigger an increase in the minimum sentence, the justices of the U.S. Supreme Court seemed reluctant to shake up a sentencing scheme that Congress and the courts have relied upon for more than a decade.

Read More »

Lawyers defend right to use drivers’ records to seek clients (access required)

The justices of the Supreme Court are trying to dissect the language of a poorly worded federal statute that protects drivers’ personal information from misuse in an effort to determine whether lawyers broke the law in looking for potential class action plaintiffs.

Read More »

Opinions – 12/24/12: 4th U.S. Circuit Court of Appeals (access required)

Criminal Procedure Extradition BOTTOM LINE: Where defendant was tried for exact offenses described in his extradition agreement, jury instruction on previously unmentioned aiding and abetting theory of liability did not constitute constructive amendment of indictment, and principle of specialty did ...

Read More »

Opinions – 12/17/12: 4th U.S. Circuit Court of Appeals (access required)

Administrative Law National Trail Systems Act BOTTOM LINE: Transportation board properly denied transit administration’s application to enter into agreement with sponsors to convert railroad right-of-way owned by transit administration to recreational trail pursuant to federal act, because the indemnity clause ...

Read More »

Appeals court rehears Md. pregnancy center cases

RICHMOND, Va. — A federal appeals court struggled for nearly three hours Thursday with whether two Maryland localities violated the free-speech rights of anti-abortion pregnancy counseling centers by requiring them to post certain disclaimers. In June, a three-judge panel of ...

Read More »

Opinions – 12/3/12: 4th U.S. Circuit Court of Appeals (access required)

Criminal Procedure Sentencing BOTTOM LINE: Because defendant was sentenced after effective date of Fair Sentencing Act, which mitigated previous sentencing statute imposing mandatory life sentence for certain drug offenses, appellate court, although affirming defendant’s convictions, remanded case to district court ...

Read More »