U.S. Court of Appeals For The Fourth Circuit
Oral Argument Calendar
Richmond, Virginia
(02/24/2003 - 02/28/2003 Session)
Monday, February 24, 2003
9:30 a.m.
COURTROOM 1 -
Courthouse Room 435 (Red Carpet)
02-6304
USA v. Paul Winestock
POST-CONVICTION RELIEF. Whether Fed. R. Civ. P. 60(b)
motion in habeas case should be treated as successive
petition under 28 U.S.C.A. Section 2244(b) (West
Supp. 2001).
Trial Judge: Nickerson
02-1129 (L)
02-1456 02-1989
Bass v. E I DuPont
TITLE VII. Challenge to summary judgment on claims of
discrimination and retaliation, alleged ADEA and Equal Pay
Act violations, and award of statutory costs.
Trial Judge: Kiser
02-1313
Alfred King v. Donald Rumsfeld
TITLE VII. Propriety of court's grant of summary judgment
to employer on claims of race and sex discrimination, and
retaliation.
Trial Judge: Hilton
02-1130
Katherine Lewis v. Robeson County
TITLE VII. Propriety of grant of summary judgment in
race and age employment discrimination action.
Trial Judge: Britt
COURTROOM 2 -
Courthouse Room 233 (Green Carpet)
02-1282
M.E. v. Buncombe Bd Educ
EDUCATION. Challenge to summary judgment in action alleging
violation of Individuals with Disabilities Education Act;
failure to exhaust administrative remedies.
Trial Judge: Thornburg
01-2298
Ohio River v. Michael Callaghan
ENVIRONMENTAL LAW. Whether Eleventh Amendment bars
challenge to state environmental official's actions under
state mining laws; whether state Guidance Manual is a state
regulation requiring federal approval.
Trial Judge: Chambers
02-4382
USA v. Marcus Thornton
FOURTH AMENDMENT. Whether officer's initiation of contact
with suspect after suspect is no longer occupant of
automobile precludes search of automobile incident to
arrest.
Trial Judge: Smith
COURTROOM 3 -
Courthouse Room 225 (Tan Carpet)
01-1102
Sabriyana Singh v. Prudential Health
ERISA. Whether state HMO Act is preempted by federal law.
Trial Judge: Williams
02-1058
Hawkspere Shipping v. Intamex
ADMIRALTY. Challenge to maritime lien, in rem, and
liability, in personam, for unpaid ocean freight.
Trial Judge: Smalkin
02-6044
USA v. Bernard Bob
CRIMINAL LAW & PROCEDURE. Whether defendant actively "used"
a firearm under 18 U.S.C. Section 924(c)(1994), as defined
by Bailey v. United States, 516 U.S. 137 (1995).
Trial Judge: Williams
02-1161
Edith Brackman v. Fauquier County
TITLE VII. Whether appellant placed sufficient material
facts in dispute to preclude award of summary judgment.
Trial Judge: Hilton
COURTROOM 4 -
Courthouse Room 420 (Tweed Carpet)
01-4895
USA v. Pietr Hitzig
CRIMINAL LAW & PROCEDURE. Whether physician was illegally
dispensing controlled substance beyond the boundaries of
professional medical practice.
Trial Judge: Motz
02-1239
Geoffrey Ekenasi v. Education Resources
BANKRUPTCY. Whether a hardship discharge of student loan
can be determined prior to completion of debtor's
Chapter 13 discharge plan.
Trial Judge: Haden
02-1537
IGEN v. Roche Diagnostics
UNFAIR TRADE PRACTICES. Challenge to punitive damage award
arising out of action alleging tortious unfair competition.
Trial Judge: Messitte
02-1431 (L)
02-1807
American Reliable v. Robert Stillwell
INSURANCE. Whether federal court had jurisdiction to
entertain action to compel arbitration after state court
decision; attorney's fees.
Trial Judge: Stamp
Tuesday, February 25, 2003
9:30 a.m.
COURTROOM 2 -
Courthouse Room 233 (Green Carpet)
(En banc rehearings)
01-1648
Ocheltree v. Scollon Productions
Rehearing En Banc.
Trial Judge: Perry
COURTROOM 1 -
Courthouse Room 435 (Red Carpet)
(Beginning at conclusion of en banc rehearings)
01-4421 (L)
02-4150 02-4249
USA v. Theodore Waddell
CRIMINAL LAW & PROCEDURE. Challenge to sufficiency of
evidence, search and seizure, and denial of severance;
sentencing issues.
Trial Judge: Voorhees
01-4699
USA v. John Leigh
CRIMINAL LAW & PROCEDURE. Whether a variance existed
between indictment and proof at trial; whether the jury
instructions contradicted the verdict form; other issues.
Trial Judge: Broadwater
02-1663
NLRB v. Mining Specialists
LABOR. Challenge to Board's award of back pay for company's
failure to recall laid-off workers; challenge to company's
unilateral discontinuation of production bonuses.
COURTROOM 2 -
Courthouse Room 233 (Green Carpet)
(Beginning at conclusion of en banc rehearings)
02-1464
J. Scott v. USA
TAX. Whether investment-advice fees incurred by trust are
deductible in full; whether investment-advice fees were
unnecessary expenses because trustee could invest in state
statutory legal list investments.
Trial Judge: Lowe
02-1657
Jonathan Booth v. State of MD
CIVIL RIGHTS. Challenge to jail's dress and grooming policy
for correctional officers.
Trial Judge: Motz
02-4208
USA v. Robert Dotson
SENTENCING. Challenge to two-level increase for use of a
computer for receipt of advertisement of pornographic
material; challenge to terms of supervised release includ-
ing polygraphs and prohibition of association with anyone
having custody of children. 15 mins. per side
Trial Judge: Osteen
COURTROOM 3 -
Courthouse Room 225 (Tan Carpet)
(Beginning at conclusion of en banc rehearings)
02-4667 (L)
02-4750
USA v. Rick Baer
CRIMINAL LAW & PROCEDURE. Challenge to dismissal of
indictment on the ground that defendant's false statement
concerning felony conviction on airport security
application was not material.
Trial Judge: Jackson
02-4730
USA v. Jennifer Good
CRIMINAL LAW & PROCEDURE. Challenge to dismissal of
indictment on the ground that defendant's false statement
concerning felony conviction on airport security
application was not material.
Trial Judge: Bradberry
COURTROOM 4 -
Courthouse Room 420 (Tweed Carpet)
(Beginning at conclusion of en banc rehearings)
02-1513
Sergio Arevalo v. Harris Herman
ERISA. Whether plan fiduciaries had a duty to inform
participants of plan benefits; whether employee
contributions were plan assets; other issues.
Trial Judge: Dohnal
02-1480 (L)
02-1594
Dennis Treacy v. Newdunn Assoc
CLEAN WATER ACT. Whether property was adjacent to navigable
waters; challenge to district court retaining jurisdiction
over State Water Control Board's enforcement action.
Trial Judge: Morgan
02-1630
Lurlie Ramey v. DOWCP
BLACK LUNG. Whether settlement agreements are permissible
under the Black Lung Benefits Act.
Wednesday, February 26, 2003
9:30 a.m.
COURTROOM 1 -
Courthouse Room 435 (Red Carpet)
02-1673
Powell Fisher v. Wheat First
ARBITRATION. Whether employee agreed to arbitrate
employment dispute.
Trial Judge: Seymour
02-1567
Robert Betts v. Rector & Visitors
ADA. Whether district court erred in determining that
plantiff had failed to show any causal connection between
perceived disability and dismissal from academic program.
Trial Judge: Wilson
02-1429
Webster Cnty Lumber v. Larry Wayne
FEDERAL SUBJECT MATTER JURISDICTION. Whether district court
properly declined federal jurisdiction over real property
dispute.
Trial Judge: Maxwell
02-1400
Lonnie Johnson v. Royal Coal
BLACK LUNG BENEFITS. Whether 29 C.F.R. Section 18.20 (2002)
applies in the adjudication of a claim for black lung
benefits by an administrative law judge.
COURTROOM 3 -
Courthouse Room 225 (Tan Carpet)
02-1358
Northern Ins v. Baltimore Business
INSURANCE. Challenge to summary judgment in action alleging
failure to defend or indemnify insured in products
liability suit.
Trial Judge: Garbis
02-1565
Sara Lee v. Quality Manufacturing
UNFAIR TRADE PRACTICES. Challenge to summary judgment in
action arising out of alleged breach of manufacturing
agreement.
Trial Judge: Osteen
02-1740 (L)
02-1897
Anheuser-Busch v. NLRB
LABOR. Whether employee was denied choice of union
representation during investigatory interview; whether
employer threatened discharge and reprisal for protected
concerted activity.
02-4209
USA v. Jamar Quarles
CRIMINAL LAW & PROCEDURE. Whether anonymous tip to police
provided reasonable suspicion for stop and detention of
appellant.
Trial Judge: Chasanow
COURTROOM 4 -
Courthouse Room 420 (Tweed Carpet)
02-6266
Jerry McMillan v. Mack Jarvis
HABEAS CORPUS. Whether this Court's decision in Hill v.
Braxton, 277 F.3d 701 (4th Cir. 2002), extends to counseled
litigants.
15 mins. per side
Trial Judge: Voorhees
02-1455 (L)
02-1481
Richland-Lexington v. American Airlines
LEASES. Whether lease was terminated with airline by
airport renovation; damages.
Trial Judge: Anderson
02-1516
Sarah Combs v. Wal-Mart
TORTS. Challenge to granting motion for judgment on assault
and battery and emotional distress claims; challenge to
trial court's refusal to allow plaintiff to question store
employees regarding store's videotaping system and their
failure to examine or preserve tapes of incident.
Trial Judge: Miller
02-1744
Jerry Beattie v. Nations Credit
UNFAIR TRADE PRACTICES. Challenge to summary judgment in
action alleging violations of federal and state banking and
consumer protection statutes.
Trial Judge: Seymour
COURTROOM 5 -
Courtroom of Judge Payne
02-1734
Mutual Benefit Ins v. Jeffrey Lorence
INSURANCE. Whether insured's alleged material
misrepresentation rendered policy void and relieved insurer
of the duty to defend or indemnify.
Trial Judge: Chasanow
01-2481
Anita Rowland v. Amer Gen Finance
TITLE VII. Challenge to jury instructions, evidentiary
rulings and grant of partial summary judgment.
Trial Judge: Turk
02-196
In Re: Billy Williams
HABEAS CORPUS. Whether allegation of perjury is sufficient
under 28 U.S.C.A. Section 2244(b)(2)(B)(ii) to warrant
permission to file successive habeas petition.
Thursday, February 27, 2003
9:30 a.m.
COURTROOM 1 -
Courthouse Room 435 (Red Carpet)
02-23
George Page v. R.C. Lee
HABEAS CORPUS. Numerous issues arising out of state capital
murder conviction and sentencing.
Trial Judge: Beaty
02-1520
Vickie Hugger v. Rutherford Institute
DEFAMATION. Whether diversity jurisdiction existed; whether
public school teachers and principals are "public
officials."
Trial Judge: Horn
02-1659
Susan Gustin v. WV University
EQUAL PAY ACT. Challenge to denial of remand to state court
and grant of summary judgment on claim of gender
discrimination.
Trial Judge: Copenhaver
01-2321
Frank Krasner Enter v. Montgomery Cnty
CONSTITUTIONAL LAW. Whether county ordinance which denies
financial or in-kind support to an organization that
displays or sells guns at its facilities violates federal
or state law.
Trial Judge: Garbis
COURTROOM 2 -
Courthouse Room 233 (Green Carpet)
02-24
Jason Byram v. Jon Ozmint
HABEAS CORPUS. Numerous issues arising out of state capital
murder conviction and sentencing.
Trial Judge: Seymour
02-1718
Superformance v. Hartford Casualty
INSURANCE. Whether insurer had a duty to defend
policyholder in underlying trademark infringement action.
Trial Judge: Friedman
02-4425
USA v. Joseph Johnson
CRIMINAL LAW & PROCEDURE. Whether making a false
declaration in a habeas proceeding is a "proceeding before"
the court for purposes of 18 U.S.C. Section 1623.
Trial Judge: Payne
02-4588
USA v. James Joyce
CRIMINAL LAW & PROCEDURE. Whether second trial is barred by
double jeopardy after district judge declared a mistrial
stating that he may have incorrectly instructed the jury.
Trial Judge: Bullock
COURTROOM 3 -
Courthouse Room 225 (Tan Carpet)
01-1867 (L)
01-1902
Patricia Szedlock v. George Tenet
REHABILITATION ACT. Challenge to offset from back pay award
of amounts received in Federal Employees' Retirement System
disability benefits; other issues.
Trial Judge: Ellis
02-1423
Anna Litton v. Wachovia
BANKRUPTCY. Challenge to dismissal of a second bankruptcy
petition in light of previous bankruptcy order which
precluded modification in any subsequent bankruptcy matter.
Trial Judge: Williams
02-4398
USA v. Frederick Sellers
CRIMINAL LAW & PROCEDURE. Whether kidnapping, drug
trafficking and firearms charges were properly joined for
trial; sufficiency of evidence; sentencing issue.
Trial Judge: Houck
02-4034 (L)
02-4042
USA v. Manus Suddreth
CRIMINAL LAW & PROCEDURE. Challenge to sufficiency of
evidence to support conviction for willfully making false
statement on federal tax return; challenge to downward
departure at sentencing.
Trial Judge: Garbis
COURTROOM 4 -
Courthouse Room 420 (Tweed Carpet)
02-1586
Farrokh Fattahi v. Bureau of Alcohol
PRIVACY ACT. Whether ATF agent violated the non-disclosure
provision of the Act by contacting plaintiff's condominium
owners association concerning his firearms dealer license
application.
Trial Judge: Ellis
02-4005 (L)
02-4006
USA v. Lawrence Murphy
CONTEMPT. Whether evidence sufficient to support three
separate contempt convictions.
Trial Judge: Fox
02-1782
Lorena Pippin v. Reilly Industries
PRODUCTS LIABILITY. Whether a 28-year-old telephone pole
was an improvement to property under the statute of repose
so as to bar suit for its alleged defects.
Trial Judge: Williams
Friday, February 28, 2003
8:30 a.m.
COURTROOM 2 -
Courthouse Room 233 (Green Carpet)
02-4267
USA v. Mark Foresman
SENTENCING GUIDELINES. Whether a case is exceptional enough
to warrant a departure below the prescribed guidelines
range where the application of a statute was not
contemplated by Congress.
15 mins. per side
Trial Judge: Morgan
02-4192
USA v. William Jeffcoat
SENTENCING GUIDELINES. Whether South Carolina convictions
for taking or attempting lewd or lascivious acts upon a
child are "crimes of violence" for purposes of
U. S. Sentencing Guidelines Manual Section 4B1.2 (2002).
15 mins. per side
Trial Judge: Thornburg
02-4317
USA v. David Lenertz
CRIMINAL LAW & PROCEDURE. Whether district court erred in
granting defendant's motion for judgment of acquittal.
Trial Judge: Perry
02-4094
USA v. Keon Allen
SENTENCING. Whether, post-Apprendi, a sentencing court may
rely exclusively on the drug quantity charged in a
conspiracy count in the indictment, essentially overruling
United States v. Gilliam, 987 F.2d 1009 (4th Cir. 1993).
Trial Judge: Stamp
COURTROOM 3 -
Courthouse Room 225 (Tan Carpet)
02-1501
American Canoe v. Murphy Farms
CLEAN WATER ACT. Whether members of recreational
associations and conservation council have standing to sue
corporation for allegedly discharging farm waste into
surface waters; whether alleged violation of the Act was
continuing.
Trial Judge: Fox
99-4717 (L)
01-4174 01-4275 99-4718
USA v. Marshawn Stokes
CRIMINAL LAW & PROCEDURE. Search and seizure; admissibility
of "periodic arrests" evidence; denial of severance.
Trial Judge: Legg
01-6023 (L)
01-6526
USA v. Michael Williams
HABEAS CORPUS. Whether the district court improperly
construed the appellant's filings as motions pursuant to
28 U.S.C. Section 2255 (2000) without first giving him
notice and an opportunity to respond.
Trial Judge: Howard
02-4294
USA v. Thomas Curtis
CRIMINAL LAW & PROCECURE. Whether district court committed
plain error by allowing government to use psychiatric
testimony based on a competency evaluation absent an
insanity defense.
Trial Judge: Stamp