ABA Journal

4th Circuit Court

368 ABA Journal 4th Circuit Court articles.

State Secrets Often Cited to Crush Suits

The Bush administration is apparently relying on the state secrets privilege in a motion seeking dismissal of a lawsuit claiming a Belgian banking cooperative gave customers’ records to the United…

4th Circuit to Rehear Detainee Case

A federal appeals court has granted en banc review in a case challenging the indefinite military detention of a civilian who is suspected of terrorist ties.

The 4th U.S. Circuit…

No Ban on Copying Juror Notes

A federal appeals court has overturned a sanction of more than $14,000 against two lawyers who copied jury notes at the end of a case.

The 4th U.S. Circuit Court…

4th Circuit Not So Conservative

Vacancies have loosened conservatives’ grip on the 4th U.S. Circuit Court of Appeals based in Richmond, Va.

With five vacancies, the court is now evenly divided between five Republican and…

Judge Perry to Win ABA Marshall Award

A revered South Carolina civil rights lawyer whose career included numerous “firsts” is to be presented by the American Bar Association later this month with its prestigious Thurgood Marshall Award.

Superstar QB Lawyers

Atlanta Falcons quarterback Michael Vick is assembling a superstar legal team to fight federal dogfighting charges.

Vick pleaded not guilty yesterday.

Vick’s legal team now includes…

Vick: I’m Not Guilty in Dogfighting Case

One of the nation’s marquee professional football players, Atlanta Falcons quarterback Michael Vick, has pleaded not guilty to charges that he has run an illegal dogfighting operation out of his…

Conservatives Fret Over 4th Circuit

The federal appeals court based in Richmond, Va., has long been viewed as a conservative bastion. But with four vacancies, that could change.

President Bush has not nominated anyone to…

Last Resorts of Court

One date that’s on almost every federal judge’s calendar this summer is the meeting of his or her circuit of the U.S. Court of Appeals, at which trial and appellate…

Rehearing Sought in ‘Sleeper Agent’ Case

The U.S. Justice Department says it will ask a federal appeals court for an en banc rehearing of a three-judge panel’s ruling yesterday that the military could not hold a civilian indefinitely.

The 4th U.S. Circuit Court of Appeals in a 2-1 ruling said Ali Saleh Kahlah al-Marri could be charged with a crime, deported or held as a material witness. But he has a right to habeas corpus and must be released from military detention, the Richmond, Va.-based court said.

A Justice Department statement said al-Marri trained at Osama bin Laden’s terrorist training camp in Afghanistan and was an al-Qaida sleeper agent sent here to explore methods of disrupting the U.S. financial system.

Court Rebuffs Bush on Civilian Detainee

A federal appeals court has ruled the Bush administration does not have the authority to hold a civilian indefinitely in military detention.

The plaintiff, a suspected terrorist captured within the United States, has a right to habeas corpus, according to the ruling (PDF) today by the 4th U.S. Circuit Court of Appeals.

The suspect, Ali Saleh Kahlah al-Marri, must be released in a reasonable time period, the court said. However, the court said he can be turned over to civilian prosecutors to be tried on criminal charges.

“The president’s constitutional powers do not allow him to order the military to seize and detain indefinitely al-Marri without criminal process,” the court said.

The ruling is a major blow to the Bush administration’s assertion of broad powers to fight terrorism, according to the Washington Post.

Conduct Uncensored in 4th Circuit’s Ruling

An “adults only” en banc opinion by a federal appeals court says a college soccer coach’s comments may violate Title IX’s ban on sexual discrimination in public schools.

The opinion…

4th Circuit Allows Harassment Suit Againt Coach

A federal appeals court has ruled that a sexual harassment lawsuit may proceed against a soccer coach at the University of North Carolina at Chapel Hill.

Plaintiff Melissa Jennings claims…