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Constitutional

Every decision we've filed under Constitutional.

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Civil 3399 Criminal 1956 Summary Judgment 806 Sentencing Guidelines 718 Civil Rights - Section 1983 647 Immigration (Civil) 646 Supervised Release 473 Drug Trafficking 443 Civil Rights - Employment 367 Firearms 319 Qualified Immunity 251 Anders Brief 242
Jan 30 2026
4th Cir. 24-7186 Panel Decision

UNITED STATES OF AMERICA v. GARY LEE HODGES

The Fourth Circuit affirmed Gary Lee Hodges's sentence for attempted enticement of a minor, rejecting his argument that sentencing enhancements do not apply when the victim is a fictitious person created by law enforcement. The court held that the term 'minor' in the Sentencing Guidelines is ambiguous and that the Guidelines' commentary defining 'minor' to include fictitious persons is entitled to deference.

Constitutional Habeas Corpus - Federal Prisoner (28 USC 2255) Plain Error Review Sentencing Guidelines
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Jan 29 2026
United States Court… 25-3090 Panel Decision

United States of America v. Joseph Smith

The D.C. Circuit affirmed the district court's denial of a prisoner's motion for free case files, ruling that the argument was waived because it was not raised in the lower court. The court clarified that while there is no constitutional right to free transcripts for preparing § 2255 motions, statutory avenues remain available for indigent prisoners.

Constitutional Habeas Corpus - Federal Prisoner (28 USC 2255)
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Jan 28 2026
4th Cir. 24-6996 Per Curiam

UNITED STATES OF AMERICA v. MARCUS ROOSEVELT TAYLOR

The Fourth Circuit affirmed the denial of Marcus Taylor's federal post-conviction relief motion, ruling that his challenges to the sufficiency of evidence were procedurally barred. The court further held that Taylor failed to demonstrate ineffective assistance of counsel or the need for an evidentiary hearing regarding his trial strategy claims.

Constitutional Habeas Corpus - Federal Prisoner (28 USC 2255) Sixth Amendment - Ineffective Assistance of Counsel Summary Judgment
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Jan 28 2026
4th Cir. 23-7016 Panel Decision

TONY DAUGHERTY v. DENNIS DINGUS, Warden

The Fourth Circuit affirmed the denial of habeas relief, holding that a juror's comments about knowing the defendant's family and fearing for their safety were internal to the deliberation process. The court ruled that the West Virginia Supreme Court did not unreasonably apply federal precedent in finding this conduct did not constitute impermissible external influence.

Constitutional Habeas Corpus - State Prisoner (28 USC 2254)
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Jan 21 2026
11th Cir. 3:21-cr-00014-TCB-RGV-1 Published

UNITED STATES OF AMERICA v. STEFAN EBERHARD ZAPPEY

The Eleventh Circuit affirmed Stefan Zappey's conviction for sexually abusing children at a Department of Defense school in Germany, ruling that the district court properly limited expert testimony on memory reliability. The court held that while general science on memory is admissible, experts cannot opine on witness credibility or present cumulative testimony that duplicates other evidence.

Constitutional Habeas Corpus - General (28 USC 2241)
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Jan 16 2026
United States Court… 24-3194 Panel Decision

UNITED STATES OF AMERICA v. JOSEPH A. CERRONI, JR.

The D.C. Circuit affirmed the denial of a writ of coram nobis, holding that the appellant failed to prove fundamental error or ineffective assistance of counsel regarding his guilty plea. The court further ruled that the appellant waited too long to challenge the conviction, offering no valid reason for the three-decade delay.

Constitutional Sixth Amendment - Ineffective Assistance of Counsel
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Jan 14 2026
U.S. Sup. Ct. 24-624 Unanimous

Case v. Montana

The Supreme Court clarified that the Fourth Amendment permits warrantless home entries for emergency aid when officers have an objectively reasonable basis to believe someone needs help, rejecting a probable cause requirement. The Court affirmed a conviction for assaulting an officer after police entered a home to prevent a suspected suicide based on a 911 call and visible evidence.

Constitutional Fourth Amendment - Search & Seizure
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Jan 9 2026
U.S. Sup. Ct. 24-5438 5-4

Bowe v. United States

The Supreme Court held that the Antiterrorism and Effective Death Penalty Act does not bar federal prisoners from seeking certiorari review of a court of appeals' denial of authorization for a second or successive § 2255 motion. The Court further ruled that the statutory bar on 'do-over' claims in § 2244(b)(1) applies only to state prisoners, not federal prisoners.

Constitutional Habeas Corpus - State Prisoner (28 USC 2254)
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