U.S. Court of Appeals For The Fourth Circuit

Oral Argument Calendar
Richmond, Virginia
(09/23/2002 - 09/26/2002 Session)



Monday, September 23, 2002
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

01-9 USA v. Richard Jackson
CRIMINAL LAW & PROCEDURE. Numerous issues arising out of
capital conviction and sentencing for murder committed in
national forest.

01-2419 (L) 01-2420 Mary Gunnells v. Healthplan Services
CLASS ACTION. Whether district court abused its discretion
in conditionally certifying a class against defendants.
Trial Judge: Duffy

01-2139 Michael Lomas v. Red Storm
ERISA. Whether an employee's "golden parachute" severance
agreement is subject to ERISA's exhaustion of internal
grievance procedures requirement.
Trial Judge: Boyle

01-1769 Clayton Riggins v. Steel Technologies
CIVIL. Whether sanction of dismissal for noncompliance with
discovery orders was reversible error.
Trial Judge: Fox


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

02-10 Bobby Swisher v. Page True
HABEAS CORPUS. Numerous issues arising out of state capital
murder conviction and sentencing.
Trial Judge: Turk

01-2266 USA v. James Howard
FALSE CLAIMS ACT. Challenge to the admissibility of opinion
testimony by a lay witness and a courtroom experiment
performed by the lay witness.
Trial Judge: Howard

01-2349 Lauren Gray v. John O'Rourke
EDUCATION. Whether student was denied a free and
appropriate public education as required by IDEA.
Trial Judge: Blake

02-6240 John Hayes v. Michael York
HABEAS CORPUS. Whether counsel was ineffective due to the
failure to object to hearsay evidence.
Trial Judge: Mullen


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

01-2319 Bedford Construction v. Plan Committee
BANKRUPTCY. Whether creditor is entitled to interest when
it receives a distribution greater than its scheduled
unsecured claim.
Trial Judge: Legg

01-2317 Henry Grausz v. Bradford Englander
BANKRUPTCY. Whether debtor's professional malpractice claim
is the same cause of action for res judicata purposes as
the fee petition in the bankruptcy proceedings.
Trial Judge: Messitte

01-2376 John Young v. Jo Anne Barnhart
CIVIL. Whether an employee's nonselection for a monetary
award impacting promotion constitutes an adverse employment
decision under Title VII.
Trial Judge: Smalkin

01-1427 Ira Braswell v. Montgomery Cnty
EMPLOYMENT DISCRIMINATION. Whether the district court erred
in refusing to grant a stay pending completion of
administrative proceedings; other issues.
Trial Judge: Messitte


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

01-4743 USA v. Randy Barry
CRIMINAL LAW & PROCEDURE. Whether sufficient evidence
supports finding of serious bodily injury; whether it was
error for court to depart upward without notice to
sentencing hearing.
Trial Judge: Boyle

01-2369 (L) 02-1365 Anderson v. Simchon
BANKRUPTCY. Challenge to lower court's determination that
there was no breach of fiduciary duty in corporate
insiders' transfer of assets.
Trial Judge: Seymour

01-2440 Suburban Mortgage v. Merrill Lynch
CONTRACTS. Challenge to summary judgment in action alleging
breach of agreement to purchase mortgage loans.
Trial Judge: Chasanow


Tuesday, September 24, 2002
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

01-12 Kenneth Rouse v. R. Lee
HABEAS CORPUS. Whether the petition seeking relief in a
death penalty case was timely filed.
Trial Judge: Tilley

02-1176 Kenneth Nivens v. Peter Gilchrist
DOUBLE JEOPARDY. Whether district court properly abstained
from reviewing allegation that plaintiffs were being
unlawfully criminally prosecuted on drug charges after
state had already imposed criminal penalties through drug
tax assessments.
Trial Judge: Mullen

01-1495 Carrington Gardens v. USA
ADMINISTRATIVE AGENCY. Challenge to summary judgment in
bankruptcy action seeking review of HUD's refusal to grant
rent increases and replacement reserve requests.
Trial Judge: Smith

01-2331 (L) 01-2332 01-2443 Gayle Figg v. John Schroeder
CIVIL RIGHTS. Whether law enforcement officers were
entitled to qualified immunity on federal civil rights and
false imprisonment claims; damages and attorney's fees.
Trial Judge: Spencer


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

02-1050 William Miller v. GE Capital
BANKRUPTCY. Challenge to dismissal of action by debtor to
set aside a foreclosure sale.
Trial Judge: Wilson

01-2491 NMS Services v. Hartford Fire
INSURANCE. Whether dishonesty exclusions in policy barred
coverage for acts of destruction by policyholder's
employee.
Trial Judge: Hilton

02-4164 USA v. Riddick Bowe
SENTENCING. Whether district court must credit time
defendant served during original probationary sentence
against active term of imprisonment imposed at
resentencing.
15 mins. per side
Trial Judge: Mullen


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

01-7395 USA v. Ronthany Ward
HABEAS CORPUS. Whether new constitutional rule announced in
Apprendi v. New Jersey, 530 U.S. 466 (2000), is applicable
on collateral review when the Supreme Court denied cert.
the same day Apprendi issued.
Trial Judge: Cacheris

01-2097 George Thompson v. Potomac Electric
EMPLOYMENT DISCRIMINATION. Whether employee was denied
certain training opportunities and retaliated against
because of his race.
Trial Judge: Black

01-1857 Federal Ins v. Susan Smith
INSURANCE. Whether insurer of a victim of employee fraud
has the right to pursue a claim of conversion under state
law.
Trial Judge: Ellis

02-1202 Agora Inc v. Commodity Futures
COMMODITY EXCHANGE ACT. Challenge to dismissal of action
for lack of ripeness against the Commodity Futures Trading
Commission for its investigation of a commodity trading
advisor.
Trial Judge: Brinkema


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

01-4322 (L) 01-4328 01-4467 USA v. Dion Thomas
CRIMINAL LAW & PROCEDURE. Whether the district court erred
in refusing to give Thomas proposed instructions; other
issues.
Trial Judge: Fox

01-2434 USA v. Lolita Mondragon
CIVIL FORFEITURE. Whether the Civil Asset Forfeiture
Reform Act of 2000 alters Rule E(2)(a) of the Supplemental
Rules applicable to the in rem forfeitures.
Trial Judge: Garbis

01-2473 (L) 02-1124 Mark Dibuo v. Bd of Education
EDUCATION. Whether school system's procedural error
violated student's right to special education services
under IDEA; attorney's fees.
Trial Judge: Smalkin


Wednesday, September 25, 2002
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

01-25 William Jones v. Roy Cooper
HABEAS CORPUS. Numerous issues arising out of state capital
murder conviction and sentencing.
Trial Judge: Fox

02-1061 Bude Jarvis v. Carbon Fuel
BLACK LUNG BENEFITS. Whether ALJ erroneously concluded
Jarvis failed to establish that he was totally disabled by
pneumoconiosis; other issues.

01-2260 United Natl Ins v. Kevin Lee
INSURANCE. Challenge to summary judgment in declaratory
judgment action on the grounds that policyholder failed to
timely notify insurer of claim.
Trial Judge: Keeley

01-2329 Capital Hauling v. David Forbes
BANKRUPTCY. Did bankruptcy court properly afford preclusive
effect to state court judgment entered after defendants
failed to appear for trial and based only on plaintiff's
complaint and bill of particulars?
Trial Judge: Payne


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-2476 Carl Poston v. David Skewes
TORTS. Challenge to district court's vacating jury verdict
on the basis of assumption of risk and lack of vicarious or
direct liability.
Trial Judge: Jones

01-2504 Richard Rashid v. USA
SETTLEMENT. Whether district court properly considered
matters beyond the pleadings in dismissing case challenging
settlement agreement with government.
Trial Judge: Goodwin

02-1230 E. Greer v. Hartford Life
BANKRUPTCY. Whether creditor violated the automatic stay by
prosecuting state court action; challenge to denial of
sanctions.
Trial Judge: Blake

02-5 Timothy Lanier Allen v. R.C. Lee
HABEAS CORPUS. Numerous issues arising out of state capital
murder conviction and sentencing.
Trial Judge: Howard

(Beginning at 2:30 p.m)

01-4550 USA v. Michael Jones
SENTENCING GUIDELINES. Whether the district court may
enhance a sentence for obstruction of justice based upon
defendant's perjured testimony at the pretrial detention
hearing.
15 mins. per side
Trial Judge: Broadwater

01-4722 USA v. Eugene Breza
CRIMINAL LAW & PROCEDURE. Whether district court erred in
denying motion to suppress after marijuana plants were
viewed during helicopter fly-over.
Trial Judge: Keeley

02-1172 Game World v. Olhausen Billiard
CONTRACTS. Challenge to dismissal of action seeking to
enforce product distribution agreement.
Trial Judge: Fox


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

02-4120 USA v. Ray Mettetal
CRIMINAL LAW & PROCEDURE. Whether the district court erred
in considering at retrial the good-faith exception after
this Court reversed the court's denial of the suppression
motion and vacated Mettetal's convictions; other issues.
Trial Judge: Michael

01-2401 Newport News Shipbldg v. DOWCP
LONGSHORE ACT. Whether the Board erred in finding that
employer was foreclosed from demonstrating the availability
of suitable, alternative employment during the period that
claimant was completing an OWCP-sponsored vocational
retraining program.

02-1197 ePlus Technology v. Patricia Aboud
CIVIL. Challenge to personal jurisdiction and the finding
of a conspiracy among corporate employees in action
alleging fraud and RICO violations.
Trial Judge: Ellis

02-1159 US Postal Serv v. Natl Assoc Ltr
ARBITRATION. Challenge to district court order vacating
arbitration award against U. S. Postal Service issued under
a postal union contract.
Trial Judge: Motz


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

01-4857 USA v. James Worrell
ADMISSIBILITY OF EVIDENCE. Whether Insanity Defense Reform
Act, 18 U.S.C.A. Section 17(a), precludes admission of
expert testimony as to mental disease or defect intended to
disprove element of crime; sentencing issue.
Trial Judge: Boyle

01-2194 (L) 01-2229 Lawrence Silver v. Roger Miller
ARBITRATION. When arbitration is ordered by state court,
does the Anti-Injunction Act prohibit a federal court from
enjoining enforcement of the award.
Trial Judge: Motz

00-4839 USA v. James E. Williams
CRIMINAL LAW & PROCEDURE. Whether evidence is sufficient
to support malicious destruction of vehicle conviction;
other issues.
Trial Judge: Howard

02-1138 Michael Francis v. Pennpower
CONTRACTS. Whether the conditions necessary for an
additional payment under a stock option were timely
satisfied.
Trial Judge: Stamp


Thursday, September 26, 2002
8:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

02-4 Joseph Earl Bates v. R.C. Lee
HABEAS CORPUS. Numerous issues arising out of state capital
murder conviction and sentencing.
Trial Judge: Beaty

01-4927 USA v. Raymond Jennings
CRIMINAL LAW & PROCEDURE. Whether district court erred in
denying defendant's motion to dismiss indictment because
his civil rights had been restored within the meaning of
18 U.S.C.A. Section 921(a)(33)(B)(ii) (West 2000); other
issues.
Trial Judge: Perry

01-4581 USA v. Sean Hopkins
CRIMINAL LAW & PROCEDURE. Whether 18 U.S.C.A. Section
924(c) conviction can stand when predicate conviction is
for lesser included offense not charged in indictment;
other issues.
Trial Judge: Williams

01-4877 USA v. Harvey Adler
CRIMINAL LAW & PROCEDURE. Challenge to jury instructions;
sentence enhancement and trial judge's failure to recuse
himself.
Trial Judge: Davis


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-22 USA v. Donald Ferebe
CRIMINAL LAW & PROCEDURE. Challenge to the government's
47-month delay after indictment in filing death notice in
federal capital case.
Trial Judge: Legg

02-4046 USA v. Rickie Music
CRIMINAL LAW & PROCEDURE. Whether district court abused its
discretion in requiring polygraph testing as a part of
defendant's supervised release.
Trial Judge: Tilley

02-1059 Steven Walker v. Metro Machine
LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT. Challenge
to denial of situs jurisdiction for injury of shipfitter at
waterfront vessel repair facility.

00-4822 USA v. Richie Locklear
SENTENCING GUIDELINES. Propriety of district court's
decision to deport upward from guideline range; other
sentencing issues.
Trial Judge: Fox


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

01-4083 (L) 01-4288 USA v. Donn Hill
CRIMINAL LAW & PROCEDURE. Propriety of exclusion of
evidence and limitation on cross-examination under
Confrontation Clause and Fed. R. Evid. 404(b) and other
rules; Fourth Amendment and sentencing issues.
Trial Judge: Williams

00-4649 USA v. Daronne Shaw
SENTENCING. Applicability of USSG Section 5G1.1(a) to
Apprendi v. New Jersey claim.
Trial Judge: Houck

01-5013 USA v. Saleem Porter
CRIMINAL LAW & PROCEDURE. Whether post-traffic stop
encounter was consensual; did search of vehicle exceed
scope of consent.
Trial Judge: Williams

01-2133 (L) 01-2151 Erwin Burtnick v. Major & City
TITLE VII. Challenge to back pay award; other issues.
Trial Judge: Faber