Every decision we've summarized from United States Court of Appeals for the Fourth Circuit.
The Fourth Circuit affirmed the denial of qualified immunity for a police officer who shot and killed a fleeing, unarmed teenager who made no threatening movements with a weapon. The court held that under clearly established law, an officer cannot use deadly force against a suspect who is armed but poses no immediate threat to safety.
The Fourth Circuit affirmed the denial of Joseph Bourabah's motions to substitute counsel and withdraw his guilty plea, finding no abuse of discretion in the district court's handling of the requests. The court upheld a 100-month sentence for a severe cyberstalking campaign, ruling that the district court properly applied upward departures for the extreme psychological injury inflicted on the victims.
The United States Court of Appeals for the Fourth Circuit affirmed the conviction and sentence of a defendant convicted of possessing a firearm as a felon. The court found no meritorious grounds for appeal and upheld the district court's determination that the sentence was substantively reasonable.
The Fourth Circuit dismissed a prisoner's appeal because he failed to obtain a certificate of appealability. The court held that the prisoner did not make a substantial showing that reasonable jurists could find the district court's procedural ruling debatable or wrong.
The United States Court of Appeals for the Fourth Circuit affirmed a bankruptcy court's rejection of a Chapter thirteen plan that technically complied with the means test but retained luxury vehicles while paying unsecured creditors minimally. The court held that technical compliance with the disposable income requirement does not immunize a debtor from the separate statutory requirement to propose a plan in good faith.
The Fourth Circuit denied a certificate of appealability and dismissed Tony Bryan Smith's habeas appeal because he failed to meet the statutory requirements for challenging a procedural dismissal. The court found that Smith did not demonstrate that the district court's ruling on the successive nature of his petition was debatable or that he substantially showed a denial of a constitutional right.
The Fourth Circuit affirmed a district court's grant of summary judgment in a civil rights lawsuit challenging a traffic stop and arrest warrant. The court held that the officer had reasonable suspicion for the stop and that the warrant affidavit contained sufficient probable cause.
The Fourth Circuit reversed a district court order suppressing evidence found in a defendant's bags during an arrest. The appellate court held that the evidence would have been inevitably discovered through standard inventory search policies at the detention center.
The Fourth Circuit affirmed the district court's denial of a pro se litigant's postjudgment motion to amend, finding no reversible error in the lower court's conclusion that the appellant presented no grounds for relief. Relying on a prior unpublished opinion that dismissed the underlying complaint, the appellate court upheld the dismissal without oral argument.
The Fourth Circuit dismissed an appeal filed by a federal prisoner seeking relief under Section 2255 of Title 28. The court concluded the appellant failed to make a substantial showing of the denial of a constitutional right required to obtain a certificate of appealability.