U.S. Court of Appeals For The Fourth Circuit

Oral Argument Calendar
Richmond, Virginia
(10/28/2002 - 10/31/2002 Session)



Monday, October 28, 2002
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

01-7758 (L) 01-8029 02-6502 Robert Teal v. Ronald Angelone
HABEAS CORPUS. Was counsel ineffective in not moving to
strike grand larceny charge on grounds of insufficient
evidence; other issues.
Trial Judge: Doumar

01-7025 Keith DeBlasio v. James Gilmore
CIVIL RIGHTS. Whether person proceeding under the Prison
Litigation Reform Act may proceed in forma pauperis upon
release from prison.
Trial Judge: Hilton

01-2352 PSINET Inc v. Warren Chapman
CONSTITUTIONAL LAW. Challenge to the constitutionality of
state law barring pornographic displays and sales on the
internet.
Trial Judge: Michael


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

(Beginning at 2:30 p.m) 02-7338 Yaser Hamdi v. Donald Rumsfeld
HABEAS CORPUS. Whether the Mobbs Declaration, standing
alone, is sufficient as a matter of law to allow a
meaningful judicial review of Yaser Esam Hamdi's
classification as an enemy combatant?
Trial Judge: Doumar


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

02-13 (L) 02-14 Robbie Lyons v. R. C. Lee
HABEAS CORPUS. Numerous issues arising out of state capital
murder conviction and sentencing.
Trial Judge: Bullock

99-2507 Consolidation Coal v. Arthur Held
BLACK LUNG. Whether 20 C.F.R. Section 725.503(b) violates
the APA; other issues.

01-2201 (L) 01-2224 Bradley Nigh v. Koons Buick
TRUTH IN LENDING ACT. Whether auto dealer violated the Act
with regard to disclosure of the amount financed; attorney
fees.
Trial Judge: Lee

01-1707 USA v. David Babb
FORFEITURE. Whether the five-year limitation period under
19 U.S.C.A. Section 1621 (West 1999 & Supp. 2001) is
subject to equitable tolling; other issues.
Trial Judge: Herlong


Tuesday, October 29, 2002
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

02-3 Earl Bramblett v. Page True
HABEAS CORPUS. Numerous issues arising out of state capital
murder conviction and sentencing.
Trial Judge: Turk

01-4869 USA v. Lloyd Williams
CRIMINAL LAW & PROCEDURE. Whether the appellant qualified
for sentencing as an Armed Career Offender.
Trial Judge: Thornburg

02-1487 Amalin Escaf v. Isidoro Rodriguez
Expedited.
Trial Judge: Ellis


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

02-9 John Daniels v. R. C. Lee
HABEAS CORPUS. Numerous issues arising out of state capital
murder conviction and sentencing.
Trial Judge: Mullen

02-1122 Holliday Amusement v. State of SC
CONSTITUTIONAL LAW. Whether claim for compensation is
barred under the Rooker-Feldman doctrine because other
state court litigants had previously challenged the
validity of the state legislation that took plaintiff's
property.
Trial Judge: Houck

01-1890 Linda Freilich v. Upper Chesapeake
CONSTITUTIONAL LAW. Whether district court erred in
dismissing constitutional challenge to the Health Care
Quality Improvement Act; other issues.
Trial Judge: Smalkin

01-2282 Steve Spain v. Mecklenburg Cnty
TITLE VII. Whether change in supervisory responsibilities
was an adverse employment action.
Trial Judge: Payne


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

01-6642 USA v. John Parson
ISSUE. Whether application of the 1995 amendment of N.C.
Gen. Stat. Section 14-415.1 violated the Ex Post Facto
Clause.
Trial Judge: Beaty

02-1196 Joel Carrigan v. Reliance Standard
ERISA. Whether the trial court erred in finding that the
plan abused its discretion in denying the claim and in
finding that Carrigan presented sufficient evidence that he
was totally disabled under the policy.
Trial Judge: Mullen

01-2280 Edward Jones v. Richard Buchanan
SECTION 1983. Whether there was a genuine issue of material
fact concerning the causation of appellant's injuries?
Trial Judge: Cogburn


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

02-1245 Ancora Capital v. Philip Gray
EMPLOYMENT. Challenge to the denial of a preliminary
injunction in action seeking to enforce a non-competition
covenant against a former employee.
Trial Judge: Blake

02-1183 (L) 02-1204 KBG Holding v. Union Bank
BANKING. Whether individual was a joint venturer, obligated
himself contractually to pay any shortages or committed
actual fraud resulting in bank's loss due to counterfeit
international money orders.
Trial Judge: Williams

02-1126 Tidewater Finance v. Steven Henson
BANKRUPTCY. Whether a pre-petition secured debt can be
converted into an administrative expense when the secured
creditor did not receive its contractual payments under the
plan.
Trial Judge: Blake

02-1273 Bd Trustees Sheet v. IRS
TAX. Whether Plan's proposal to eliminate COLA benefits
violated anti-cutback rule; whether Plan failed to qualify
as a tax exempt trust.


Wednesday, October 30, 2002
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

02-11 Willie Brown v. R. C. Lee
HABEAS CORPUS. Numerous issues arising out of state capital
murder conviction and sentencing.
Trial Judge: Howard

02-1199 TFW v. William Schaefer
CONSTITUTIONAL LAW. Whether state statutes and regulations
governing sales of alcoholic beverages are protected under
the 21st amendment.
Trial Judge: Smalkin

00-4600 USA v. Ronald Ellyson
CRIMINAL LAW & PROCEDURE. Whether evidence is sufficient to
support conviction under Child Pornography Protection Act
in wake of Ashcroft v. Free Speech Coalition, 122 S.Ct.
1389 (2002); other issues.
Trial Judge: Fox

02-1112 Cable News v. CNNEWS.COM
CIVIL. Challenge to summary judgment in domain name dispute
brought under the Anticybersquatting Consumer Protection
Act.
Trial Judge: Ellis


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-2393 Arcade Textiles v. Security Ins
INSURANCE. Challenge to summary judgment in action alleging
bad faith failure to pay claims due, improper claims
practices and breach of insurance contract; attorney's
fees.
Trial Judge: Anderson

01-4542 (L) 01-4543 01-4819 01-4841 01-4842 USA v. Dallas Newsome
CRIMINAL LAW & PROCEDURE. Challenge to denial of motion to
suppress when the government destroyed potentially
exculpatory evidence; whether district court erred in
calculating amount of loss for purposes of sentencing and
restitution.
Trial Judge: Keeley

02-1170 World Wide Demil v. Nammo
CONTRACTS. Challenge to summary judgment in action alleging
breach of confidentiality agreement and tortious
interference with demilitarization contract.
Trial Judge: Brinkema

(Beginning at 2:30 p.m)

02-2100 Jane Cline v. John Hawke
BANKING. Whether state law regulating the sale of
insurance by banks is preempted by federal law.


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

02-1002 Janet Hammond v. Pacific Mutual
INSURANCE. Challenge to summary judgment in action alleging
failure of insured to update medical information contained
in an earlier application.
Trial Judge: Ellis

02-1160 Capitol Indemnity v. Baljit Aulakh
SURETY BONDS. Whether the Federal Equal Credit Opportunity
Act or the state ECOA applies to the issuance of Miller Act
payment and performance surety bonds.
Trial Judge: Hilton

02-1256 (L) 02-1257 Marlene James v. Circuit City
EMPLOYMENT. Whether state or federal statute of limitations
applies to promotion and transfer claims; whether tolling
agreement was applicable to plaintiffs.
Trial Judge: Spencer

99-4786 (L) 99-4845 99-4846 01-4763 01-4764 USA v. Willie Mackins
CRIMINAL LAW & PROCEDURE. Multiple issues arising out of
drug conspiracy and money laundering convictions.
Trial Judge: Thornburg


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

02-6320 Anthony Hinds v. Stephanie Mohr
CIVIL RIGHTS. Challenge to denial of qualified immunity to
law enforcement officers alleged to have used excessive
force during arrest.
Trial Judge: Williams

02-1028 Martin Marietta v. Driggs Corp
BANKRUPTCY. Whether failure to pay prepetition invoices for
aggregate purchases was a default under lease.
Trial Judge: Messitte

02-1326 Kenneth Rossignol v. Richard Voorhaar
CIVIL RIGHTS. Whether law enforcement officers were acting
under color of state law when they participated in
purchasing mass quantities of plaintiff's newspaper
allegedly for the purpose of suppressing its contents.
Trial Judge: Nickerson

02-1143 Karen Tully v. Rod Tully
TORTS. Challenge to summary judgment in action alleging
fraudulent concealment of investment account information.
Trial Judge: Copenhaver


Thursday, October 31, 2002
8:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

02-4078 USA v. Robert Miller
SENTENCING GUIDELINES. Whether the district court erred
in determining the loss from medicare fraud attributed to
appellant.
15 mins. per side
Trial Judge: Faber

02-1086 USA v. Crystal Foster
TAX. Whether government may file suit for an erroneous tax
refund without first issuing taxpayer a notice of
deficiency.
Trial Judge: Williams

02-4202 USA v. Fernando Wilson
IMMIGRATION. Whether the district court erred in finding no
prejudice, denying motion to dismiss indictment for illegal
reentry.
Trial Judge: Friedman

01-4624 USA v. Frederick Pledge
SENTENCING GUIDELINES. Whether the district court correctly
found that a police officer's predicate acts of
racketeering constituted robbery.
15 mins. per side
Trial Judge: Turk


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

02-4105 USA v. Robert Wyatt
CRIMINAL LAW & PROCEDURE. Whether the indictment alleged a
criminal offense; other issues.
Trial Judge: Blake

01-7860 Shawn Woodson v. Ronald Hutchinson
HABEAS CORPUS. Whether appellant received ineffective
assistance of trial counsel where counsel failed to object
to the district court's closure of the courtroom during
voir dire proceedings.
Trial Judge: Nickerson

01-2511 (L) 02-1250 Paul Fisher v. American General
TRUTH IN LENDING ACT. Challenge to admissibility of
deposition testimony; whether damages were excessive
despite remittitur; attorney fees.
Trial Judge: Hallanan


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

02-1139 (L) 02-1219 02-1231 02-1288 William Bond v. Kenneth Blum
COPYRIGHT. Whether use of a copyrighted work in a judicial
proceeding constituted "Fair Use."
Trial Judge: Garbis

99-4654 (L) 00-4206 USA v. John Strassini
CRIMINAL LAW & PROCEDURE. Whether Strassini's plea was
rendered unknowing and involuntary by the district court's
failure to inform him of the essential elements of the
crime to which he pled guilty.
Trial Judge: Thornburg

01-4273 USA v. Gary Ellis
CRIMINAL LAW & PROCEDURE. Whether evidence of intent to
defraud or mislead was sufficient to support conviction
under 21 U.S.C. Section 331(p) (1994).
Trial Judge: Turk

02-1016 Wave Maker v. Clipper Bulk
ADMIRALTY. Whether the district court erred in denying the
appellant's motion to vacate the district court's previous
order attaching ship fuel.
Trial Judge: Nickerson


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

02-1738 (L) 02-1739 02-1775 Scotts Company v. Pursell Industries
Expedited.
Trial Judge: Spencer

01-4677 USA v. Deon Bethel
CRIMINAL LAW & PROCEDURE. Whether the district court's
denial of the motion to suppress conflicts with the holding
in Benbow v. State, 322 Md. 394, 403-04 (1991).
Trial Judge: Maletz

99-4814 (L) 99-4873 USA v. Glennis Bolden
CRIMINAL LAW & PROCEDURE. Challenge to sufficiency of
evidence on money laundering convictions; sentencing
issues.
Trial Judge: Thornburg

01-4917 USA v. Marvin Johnson
SENTENCING. Whether term of imprisonment imposed upon
revocation of supervised release is plainly unreasonable.
Trial Judge: Boyle