4th Circuit Case Commentaries

Chapter 13 Means-Test Compliance Does Not Immunize a Plan from Good-Faith Review

Date: May 2, 2026

Chapter 13 Means-Test Compliance Does Not Immunize a Plan from Good-Faith Review Introduction In Bobby Goddard v. Michael Burnett, the Fourth Circuit addressed whether a Chapter 13 debtor who...

A K-9 Warning Does Not Defeat the Clearly Established Right Against Gratuitous Dog-Bite Force

Date: May 1, 2026

A K-9 Warning Does Not Defeat the Clearly Established Right Against Gratuitous Dog-Bite Force on a Non-Threatening, Unarmed, Passively Resisting Suspect Introduction In Richard Harrold v. Lewis...

Mandatory “Who/When/What” Inventory Policies Can Establish Inevitable Discovery

Date: May 1, 2026

United States v. Milton Allen: Mandatory “Who/When/What” Inventory Policies Can Establish Inevitable Discovery Introduction In United States v. Milton Allen, the Fourth Circuit reversed a district...

Corroborated Witness-Intimidation Reports Can Support a Terry Stop and Arrest Warrant Despite Later Dismissal

Date: Apr 30, 2026

Corroborated Witness-Intimidation Reports Can Support a Terry Stop and Arrest Warrant Despite Later Dismissal Introduction In James Brown, III v. Leon Lott, the Fourth Circuit affirmed summary...

Short-Term Rental Zoning Upheld: No Third-Party Standing for Guests and Strong Deference to Municipal Land-Use Regulation

Date: Apr 29, 2026

Short-Term Rental Zoning Upheld: No Third-Party Standing for Guests and Strong Deference to Municipal Land-Use Regulation 1. Introduction In Tom Hutto v. City of Rock Hill (4th Cir. Apr. 27, 2026)...

Navarro v. U.S. Center for SafeSport: No Exhaustion for Constitutional Challenges Beyond SafeSport Arbitration’s Scope

Date: Apr 29, 2026

Navarro v. U.S. Center for SafeSport: No Exhaustion for Constitutional Challenges Beyond SafeSport Arbitration’s Scope 1. Introduction Thomas Navarro, James Giorgio, and Nina Shaffer (three...

Harmless-Error Affirmance for Excluded “Effect on Listener” Statements in § 913 DEA-Impersonation Prosecutions

Date: Apr 26, 2026

Harmless-Error Affirmance for Excluded “Effect on Listener” Statements in § 913 DEA-Impersonation Prosecutions 1. Introduction In United States v. Khriy Sherrod Simon (4th Cir. Apr. 24, 2026)...

Specific-Date Proof of False Medicaid Claims Required for § 1347 Health Care Fraud Convictions

Date: Apr 26, 2026

Specific-Date Proof of False Medicaid Claims Required for § 1347 Health Care Fraud Convictions Case: United States v. Richard Davis (4th Cir. Apr. 24, 2026) (unpublished) Disposition: Reversed,...

Rhino Energy, LLC v. DOWCP — Presuming the Most Recent Employer’s Financial Capability Absent a “Coverage Statement” Under 20 C.F.R. § 725.495(d)

Date: Apr 25, 2026

Rhino Energy, LLC v. DOWCP: Presuming the Most Recent Employer’s Financial Capability Absent a “Coverage Statement” Under 20 C.F.R. § 725.495(d) I. Introduction In Rhino Energy, LLC v. Director,...

First Step Act Time-Credit Eligibility Begins When the Sentence “Commences,” and Post–Loper Bright Courts Must Independently Test the BOP’s “Successful Participation” Rule

Date: Apr 24, 2026

First Step Act Time-Credit Eligibility Begins When the Sentence “Commences,” and Post–Loper Bright Courts Must Independently Test the BOP’s “Successful Participation” Rule 1. Introduction Rahshjeem...

National-Security Exception Permits a Narrow, Identity-Only Prior Restraint in Civil Litigation (and Makes It Immediately Appealable as an Injunction)

Date: Apr 24, 2026

National-Security Exception Permits a Narrow, Identity-Only Prior Restraint in Civil Litigation (and Makes It Immediately Appealable as an Injunction) Introduction In Baby Doe v. Joshua Mast (4th...

Body-Controls Defendants in Pro Se Civil-Rights Form Complaints: District Courts Must Remedy Caption Omissions When Intent Is Clear

Date: Apr 24, 2026

Body-Controls Defendants in Pro Se Civil-Rights Form Complaints: District Courts Must Remedy Caption Omissions When Intent Is Clear Case: Patrick Nichols v. N. Bumgarner (4th Cir. Apr. 22, 2026)...

Pretrial Medical Neglect, Detention Review, and Guilty Pleas: No Ineffective Assistance Absent Material § 3142 Change and Concrete Plea Prejudice

Date: Apr 24, 2026

Pretrial Medical Neglect, Detention Review, and Guilty Pleas: No Ineffective Assistance Absent Material § 3142 Change and Concrete Plea Prejudice Introduction In United States v. Dustin Wilson (4th...

Erlinger Plain-Error Relief Requires a Showing the Defendant Would Have Rejected the Plea Despite ACCA “Different Occasions” Omission

Date: Apr 24, 2026

Erlinger Plain-Error Relief Requires a Showing the Defendant Would Have Rejected the Plea Despite ACCA “Different Occasions” Omission Introduction In United States v. Vinson Thompson (4th Cir. Apr....

Spivey v. Breckon: Ordinary Prison Medical-Care Disputes and Eighth Amendment Excessive-Force Claims Are “New Contexts” Foreclosed Under Bivens

Date: Apr 23, 2026

Spivey v. Breckon: Ordinary Prison Medical-Care Disputes and Eighth Amendment Excessive-Force Claims Are “New Contexts” Foreclosed Under Bivens I. Introduction In Mandriez Spivey v. Michael Breckon,...

Diaz v. Blanche: Matter of K- Limits—No Elements Explanation Required for Oath Testimony Admissions in Cancellation Proceedings

Date: Apr 23, 2026

Diaz v. Blanche: Matter of K- Limits—No Elements Explanation Required for Oath Testimony Admissions in Cancellation Proceedings Case: Benjamin Sandoval Diaz v. Todd Blanche (4th Cir. Apr. 20, 2026)...

“All Right, Title, and Interest” Means All—Unless the Instrument Expressly Reserves It; Limited Exhibit Descriptions Require Lease-Specific Scope Analysis

Date: Apr 23, 2026

“All Right, Title, and Interest” Means All—Unless the Instrument Expressly Reserves It; Limited Exhibit Descriptions Require Lease-Specific Scope Analysis Introduction In Mcardle Family Partnership...

Failure to Address “Extended Supervision” Mitigation Makes a Revocation Sentence Plainly Unreasonable (Fourth Circuit)

Date: Apr 23, 2026

Failure to Address “Extended Supervision” Mitigation Makes a Revocation Sentence Plainly Unreasonable Case: United States v. Preston Mills, Jr. (4th Cir. Apr. 20, 2026) (published) Disposition:...

Harmless Guidelines-Grouping Error and Discretion to Impose Consecutive Sentences for Hobbs Act Conspiracy and Attempted Robbery

Date: Apr 23, 2026

Harmless Guidelines-Grouping Error and Discretion to Impose Consecutive Sentences for Hobbs Act Conspiracy and Attempted Robbery 1. Introduction In United States v. Xavier Holley (4th Cir. Apr. 20,...

Conditional-Intent and NATO SOFA Claims Are Non-Jurisdictional (and Generally Unenforceable by the Accused) in Court-Martial Habeas Review

Date: Apr 21, 2026

Conditional-Intent and NATO SOFA Claims Are Non-Jurisdictional (and Generally Unenforceable by the Accused) in Court-Martial Habeas Review 1. Introduction Alan Dorrbecker v. Kevin Howard is a...