Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Tenth Circuit dismissed Kevin Tamar Davis's appeal because his appellate brief failed to comply with federal procedural rules. Despite the dismissal, the court granted his motion to proceed in forma pauperis while warning him about the consequences of a third strike under the PLRA.
The Fourth Circuit affirmed Jerone Holman's conviction and 66-month sentence for possessing a firearm as a felon, rejecting his Second Amendment challenge based on established precedent. The court also upheld the district court's application of the large-capacity magazine enhancement and clarified the rigorous standards for plain error review under Federal Rule of Criminal Procedure 52(b).
The Tenth Circuit dismissed a federal criminal appeal because the notice was filed nearly four months after the judgment, violating the strict 14-day deadline. The court held that neither the prison mailbox rule nor a potential district court extension could cure the delay.
The United States Court of Appeals for the Fourth Circuit affirmed a district court order dismissing a habeas corpus petition due to the petitioner's failure to prosecute. The appellate court held that the petitioner forfeited the right to appellate review because his informal brief did not challenge the basis for the dismissal.
The Tenth Circuit affirmed the dismissal of a pro se civil rights action filed by a homeowner challenging his state court foreclosure and eviction. The court held that the Rooker-Feldman doctrine barred the federal suit because the plaintiff effectively sought to overturn final state court judgments.
The Fourth Circuit affirmed Sean Jarred Davis's drug conspiracy sentence and dismissed his appeal regarding a livelihood enhancement. The court held that Davis's plea agreement waiver was enforceable, barring challenges to the livelihood enhancement while allowing review of the leadership enhancement claim.
The Tenth Circuit denied Kimberly Chancellor's request for a certificate of appealability because he failed to show that reasonable jurists would find the district court's procedural ruling debatable. The court held that his Rule 60(b)(6) motion was substantively an unauthorized second or successive § 2255 claim, which the district court correctly dismissed for lack of jurisdiction.
The United States Court of Appeals for the Fourth Circuit affirmed the dismissal of a federal prisoner's petition for relief. The court found no reversible error in the district court's handling of the habeas corpus petition.
The Sixth Circuit reversed summary judgment for an officer in a Fourth Amendment excessive force case, finding a genuine dispute of material fact regarding the timing of a chokehold. The court held that whether the deadly force was applied before or after the plaintiff attempted to grab the officer's gun is a factual question for a jury to decide.
The United States Court of Appeals for the Fourth Circuit dismissed an appeal filed by a federal prisoner challenging the denial of his habeas corpus motion. The court held that the appellant failed to make a substantial showing of the denial of a constitutional right required to obtain a certificate of appealability.
