United States Fourth Circuit - December 2005 Opinion Summaries

US v. Cardwell

Criminal Law & Procedure, Evidence, Sentencing
Defendants' sentences on murder-for-hire charges are vacated where, under Booker, the district court plainly violated the Sixth Amendment in...

In Re: Frushour

Bankruptcy Law, Debt Collection, Education Law
Bankruptcy court finding that bankruptcy debtor satisfied the undue hardship requirement for discharge of government-guaranteed educational loans is...

In Re: Wray

Criminal Law & Procedure, Ethics & Disciplinary Code, Ethics & Professional Responsibility, Tax Law
The misdemeanor offense of willful failure to pay income taxes does not constitute a "serious crime" within the meaning of Federal Rule of...

Twin City Fire Ins. Co. v. Ben Arnold-Sunbelt Beverage Co.

Attorney's Fees, Contracts, Ethics & Disciplinary Code, Ethics & Professional Responsibility, Injury & Tort Law, Insurance Law, Labor & Employment Law
Under South Carolina law, an insurer's reservation of rights letter contesting coverage of certain claims but not other claims does not automatically...

US v. El Shami

Criminal Law & Procedure, Immigration Law, Sentencing
Defendant's conviction for unlawful reentry of a deported alien is vacated pursuant to his collateral attack on the underlying deportation order where...

Toll Bros., Inc. v. Dryvit Sys., Inc.

Construction, Consumer Protection Law, Evidence, Injury & Tort Law, Product Liability, Property Law & Real Estate
Summary judgment for defendants in an action to recover costs developer plaintiff incurred in removing allegedly defective stucco from homes is...

US v. Nunez

Criminal Law & Procedure, Evidence
Defendants' convictions and sentences for drug related offenses are vacated and remanded for a new trial where the district court abused its...

Padilla v. Hanft

Civil Rights, Criminal Law & Procedure, Military Law
Motion filed by the government for authorization to transfer petitioner from military custody to civilian law enforcement custody is denied....

Scott v. Nat. Century Fin. Enters., Inc.

Bankruptcy Law, Civil Procedure, Health Law, Remedies
An injunction and contempt order resulting from an adversary action by creditors in bankruptcy court asserting the interests of the estate is vacated...

Vinson v. True

Criminal Law & Procedure, Evidence, Habeas Corpus
Denial of defendant's petition for habeas corpus relief from a death sentence for capital murder is affirmed over his claims of error regarding: 1) a...