Blog Archives

4th Circuit flags possible misreading of Eighth Amendment precedents

An interesting opinion from the U.S. Court of Appeals for the Fourth Circuit this week all but invites a future challenge to some of that court’s Eighth Amendment case law. The case involved a teenager sentenced to a fifteen-year mandatory

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Fourth Circuit: NC town can’t deny forum for takings claim

In an opinion published last week by the U.S. Court of Appeals for the Fourth Circuit, Judge Shedd writes that a town being sued for a Fifth Amendment taking can’t avoid the suit by playing jurisdictional games. In this case, homeowners

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Fourth Circuit weighs in on circuit split; harmless error review in collateral challenge to conviction

In an opinion published today, the U.S. Court of Appeals for the Fourth Circuit announced that, in collateral challenges to federal criminal convictions under § 2255, it would follow the harmless error standard used by most of the other circuit

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Fourth Circuit: Federal law governs limitations period for pollution suit

In an opinion published today for the U.S. Court of Appeals for the Fourth Circuit, Judge Floyd writes that CERCLA, a federal environmental law, extends North Carolina’s absolute ten-year limitations period for people affected by environmental pollution; as written, NC law

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