Bauberger v. Haynes. (Lawyers Weekly No. 11-01-0178, 29 pp.) (Wilkinson, J.) No. 09-8111, Feb. 11, 2011; USDC at Greensboro (Schroeder, J.) 4th Cir. Holding: Although jurors consulted a dictionary for definitions of terms in the judge’s criminal instructions after defendant ...

Tagged with: Criminal Practice habeas corpus jury & jurors

Wiggins v. Boyette. (Lawyers Weekly No. 11-01-0172, 22 pp.) (Motz, J.) No. 09-6484, Feb. 15, 2011; USDC at Charlotte (Mullen, J.) 4th Cir. Holding: The 4th Circuit rejects claims by former NFL football player Rae Carruth that he should get ...

Tagged with: Conspiracy Criminal Practice evidence habeas corpus murder

Timms v. Johns, Warden. (Lawyers Weekly No.  10-01-1181, 16 pp.) (Traxler, J.) No. 10-6496, Dec. 6, 2010; USDC at Raleigh  (Boyle, J.) 4th Cir. Click here for the full text of the opinion. Holding: The 4th Circuit vacates a district ...

Tagged with: Civil Commitment Criminal Practice habeas corpus

By FRED HORLBECK, Senior Staff Writer [email protected]   With the help of Duke University law students and a former jailhouse “lawyer” from South Carolina, a federal inmate has chalked up a victory at the U.S. Fourth Circuit Court of Appeals. ...

Tagged with: Drugs Duke University habeas corpus re-sentencing sentencing

Rice v. Rivera. (Lawyers Weekly No. 10-01-0883, 17 pp.) (Per Curiam) No. 08-8191, Sept. 7, 2010; USDC at Charleston, S.C. (Anderson, J.) 4th Cir. Holding: The 4th Circuit orders vacatur of a South Carolina defendant’s conviction for use of a ...

Tagged with: Criminal Practice Firearms habeas corpus

Brown v. North Carolina Department of Correction. (Lawyers Weekly No. 10-06-0843, 2 pp.) (Per Curiam) Appealed from Wake County Superior Court. (Ripley E. Rand, J.) N.C. S. Ct. Holding: For the reasons stated in Jones v. Keller, digested here, we ...

Tagged with: habeas corpus Prisons & Jails sentencing Wake County

  Pethtel v. Ballard. (Lawyers Weekly No. 10-01-0834, 14 pp.) (Agee, J.) No. 09-6075, Aug. 18, 2010; USDC at Clarksburg, W.Va. (Keeley) 4th Cir. Holding: Although West Virginia likely did violate the IADA in this case, the 4th Circuit is ...

Tagged with: Criminal Practice habeas corpus

U.S. v. Cooper. (Lawyers Weekly No. 10-01-0819, 13 pp.) (Niemeyer, J.) No. 08-7131, Aug. 16, 2010; USDC at Martinsburg, W.Va. (Bailey, J.) 4th Cir. Holding: The 4th Circuit denies a 28 U.S.C. § 2255 petition filed by a defendant convicted ...

Tagged with: appeals Criminal Practice habeas corpus

U.S. v. Nicholson. (Lawyers Weekly No. 10-01-0649, 46 pp.) (King, J.) No. 08-6347, July 12, 2010; USDC at Norfolk, Va. (Morgan, J.) 4th Cir. Holding: The 4th Circuit earlier reversed the district court and said petitioner’s lawyer had an actual ...

Tagged with: conflict of interest Criminal Practice habeas corpus ineffective assistance