Free US Court of Appeals for the Fourth Circuit case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser. | | US Court of Appeals for the Fourth Circuit June 20, 2020 |
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Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | Hard Cases | JOSEPH MARGULIES | | Cornell law professor Joseph Margulies uses the killing of Rayshard Brooks in Atlanta by police to explain some lessons for reform we might learn. Margulies calls upon us to use this case to reexamine the circumstances that should result in a custodial arrest and to shrink the function of police so as to use them only in the very few situations that truly require them. | Read More |
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US Court of Appeals for the Fourth Circuit Opinions | United States v. Brizuela | Docket: 19-4656 Opinion Date: June 19, 2020 Judge: Quattlebaum Areas of Law: Criminal Law | Defendant appealed his conviction of 15 counts of unlawfully distributing controlled substances. Defendant's charges stemmed from his operation of a medical practice and his opioid prescription-writing practices. The Fourth Circuit agreed with defendant that, under United States v. Kennedy, 32 F.3d 876 (4th Cir. 1994) and Federal Rule of Evidence 404(b), the district court improperly admitted the testimony of patients whose treatment by defendant was not the basis for any of the charges in the indictment. The court held that the testimony was not necessary to complete the story of the charged offenses under Kennedy, and was not otherwise admissible under Rule 404(b). Furthermore, because the government did not carry its burden of establishing that this error was harmless, the court vacated defendant's conviction and remanded for a new trial. | |
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