Search for: "Circuit Judge Motz"
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10 May 2011, 6:27 am
Judges Davis and Wynn were nominated to the Fourth Circuit by President Obama, while Judge Motz was nominated to the Fourth Circuit by President Clinton. [read post]
16 Dec 2018, 12:48 pm
Although the plaintiff lost, Judge Motz's opinion for the Court rejects a broader rationale that would have hampered enforcement of section 704 of... [read post]
20 Mar 2015, 1:32 pm
Clarke, the Fourth Circuit in an opinion by Judge Gregory, joined by Judges Motz and Wynn, reversed the denial of the petitioner's claim for a writ of habeas corpus, concluding that that he was denied effective assistance of counsel by his lawyer's failure to request a "heat of passion" jury instruction in his murder case, which was tried in the Circuit Court for the City of Richmond in 2008. [read post]
14 Feb 2007, 6:00 am
Galloway, by the panel of Judges Niemeyer, Motz, and Traxler. [read post]
17 Dec 2007, 11:25 am
Bly, the Fourth Circuit in a published opinion by Judge King, joined by District Judge Conrad, with Judge Motz concurring separately, affirmed the conviction of the defendant under 18 U.S.C. 876(b), for threatening the University of Virginia, rejecting the defendant's arguments that his threats were protected speech, and that the University was not a "person" protected by the statute.Judge King noted: "Threats… [read post]
8 Sep 2011, 1:58 pm
Today, in a unanimous decision authored by Judge Diana Gribbon Motz, the United States Court of Appeals for the Fourth Circuit ruled that the Commonwealth of Virginia has no standing to challenge the constitutionality of the individual mandate provision of the … Continue reading ? [read post]
9 Sep 2011, 8:25 am
Circuit Judge Diana Gribbon Motz wrote:[T]he... [read post]
13 Jun 2019, 12:16 pm
The United States Court of Appeals for the Fourth Circuit reinstated a criminal conviction in an opinion authored by Circuit Judge Wynn joined by Circuit Judge Motz. [read post]
12 Mar 2012, 8:01 am
Foster, the Fourth Circuit denied a petition for rehearing by a 7-7 vote on an issue involving the Armed Career Criminal Act, with Judges Motz, King, Gregory, Davis, Keenan, Wynn, and Floyd in favor of rehearing, and Chief Judge Traxler and Judges Wilkinson, Niemeyer, Shedd, Duncan, Agee, and Diaz, and which is the subject of this Howard Bashman post.It is interesting that Judge Diaz joined with Judge Wilkinson, et al, but Judge… [read post]
24 Jun 2009, 1:19 pm
Herring, the Fourth Circuit en banc upheld the Virginia law on partial-birth "infanticide," with the six including Niemeyer, Chief Judge Williams, Wilkinson, Shedd, Duncan, Agee, and the five including Motz, Michael, Gregory, King, and Traxler. [read post]
16 Jul 2019, 12:07 pm
Caldwell, the Fourth Circuit in an opinion by Judges Motz and Keenan, joined by Chief Judge Gregory and Judges King, Wynn, Floyd, Thacker, and Harris, reversed the dismissal for failure to state a claim in a constitutional challenge based on vagueness to the provisions of Va. [read post]
20 Jul 2008, 7:31 pm
But this quote from Judge Diana Gribbon Motz is very disturbing: Our colleagues hold that the president can order the military to seize from his home and indefinitely detain anyone in this country â€â [read post]
8 Sep 2011, 10:19 am
Sebelius, the Fourth Circuit in an opinion by Judge Motz, joined by Judges Davis and Wynn, held that Virginia lacks standing to bring a pre-enforcement challenge to a provision of President Obama's health care reform law.Judge Motz wrote that "if we were to adopt Virginia’s standing theory, each state could become a roving constitutional watchdog of sorts; no issue, no matter how generalized or quintessentially political, would fall beyond… [read post]
30 Oct 2007, 8:17 am
Dunlop Sports Group, the Fourth Circuit in an opinion by Judge Motz, joined by Judges King and District Judge Robert Conrad, held that the employer did not violated the WARN when it shutdown without prior notice but continued to pay wages to the plaintiffs for an additional sixty days. [read post]
18 Jul 2007, 6:36 am
Blane Michael, Judge Diana Gribbon Motz, Judge Robert B. [read post]
10 May 2007, 10:59 am
Wolpoff & Abramson, the Fourth Circuit in an opinion by Judge Wilkinson, joined by Chief Judge Wilkins and Judge Motz, reversed the order of the district court granting the defendant law firm's motion to dismiss the plaintiff's claims brought under the Fair Debt Collection Practices Act. [read post]
19 Jun 2007, 11:13 am
Wright, Judge Diana Gribbon Motz said: "The president cannot eliminate constitutional protections with the stroke of a pen by proclaiming a civilian, even a criminal civilian, an enemy combatant subject to military detention," Motz wrote. [read post]
7 Oct 2014, 1:04 pm
In an unpublished per curiam opinion, Chief Judge Traxler and Judges Wilkinson and Motz of the Fourth Circuit today dismissed Ahmed Omar Abu Ali’s bid to overturn the district court’s 2012 order denying relief on his 28 U.S.C. [read post]
17 Jan 2007, 6:16 am
The Fourth Circuit yesterday affirmed the judgment of Judge Frederick Motz that Maryland’s Fair Share Healthcare Law — also known as the “Wal-Mart Bill” — is preempted by federal law. [read post]
27 Mar 2021, 9:41 am
” Circuit Judge Diana Gribbon Motz, joined by Judges Henry Floyd and Allison Jones Rushing, said the French government did not engage in commercial activity that would negate its sovereign immunity when it won the rights to the domain name in French court from France.com Inc. [read post]
