Tag Archive | Andre M. Davis

FBA Annual Meeting: The BWI-SLC Connection

By Steve Klepper (Twitter: @MDAppeal)

Last Thursday, I had the pleasure of moderating a panel at the Federal Bar Association’s 2015 Annual Meeting in Salt Lake City. Our panel, “The Renewed Debate on Unpublished Appellate Opinions,” included Judge Carolyn B. McHugh of the Tenth Circuit, Senior Judge Andre M. Davis of the Fourth Circuit, and Michelle Olsen of Appellate Daily. Read More…

Fourth Circuit cell-site info decision creates circuit split

By Jonathan Biran[1]

On August 5, a divided panel of the Fourth Circuit decided United States v. Graham, a Hobbs Act robbery case originating in the District of Maryland. Although the Appellants raised several challenges to their convictions, the most interesting issue was whether the Court should extend Fourth Amendment protections to records about where and when a mobile phone connected to antennas and electronic communications equipment on a cellular network, data called “cell-site location information” (CSLI). Senior Judge Andre Davis, one of the Fourth Circuit judges from Maryland, wrote the majority opinion, holding that users of cellphones have a reasonable expectation of privacy in historical CSLI, at least where such information covers an extensive period of time. Judge Davis was joined by Judge Thacker in that conclusion. One of the other Maryland judges on the Court, Judge Diana Motz, dissented from that portion of the majority opinion.

Read More…

Fourth Circuit airs internal dispute about whether to criticize the Government’s appellate litigating position

By Jonathan Biran

The Fourth Circuit issued an unusual published sealing order last week in United States v. Adams, a case from the District of Maryland in which the named defendant and more than 20 others were charged under RICO for their alleged roles in the “Dead Man Incorporated” (DMI) gang. Adams, in particular, was alleged to have conspired to murder several people and to have participated in several such murders. Much of the record is sealed, but we do know that Adams entered a guilty plea in the district court, although it is not clear to what charge or charges. According to the docketing statement that Adams’ first appellate attorney filed, Adams was sentenced on May 3, 2013, and noted a timely appeal on May 14, 2013.

Read More…

The Mezzanine of the Criminal Justice System

By Steve Klepper (Twitter: @MDAppeal)

Readers of How Appealing (which probably includes our entire readership) may have seen Howard Bashman’s quick post, “Fourth Circuit issues all but footnote 10 of panel’s opinion under seal, which at least allows the judges to argue over footnote 10’s propriety.” We plan to have a substantive post about the Fourth Circuit’s unusual order next week, but here’s a more trifling post in the meantime. Read More…

Pizza Is the New Broccoli

By Steve Klepper (Twitter: @MDAppeal)

In the 2012 NFIB v. Sebelius challenge to Obamacare, the now-famous broccoli analogy appeared 12 times in the majority, concurring, and dissenting opinions.

Today, we were treated to a (coincidental) same-day Circuit split, with the D.C. Circuit and the Fourth Circuit reaching opposite holdings regarding the legality of subsidies under the federal healthcare exchanges. In the process, Maryland’s own Fourth Circuit Judge Andre Davis has given us a new Obamacare food analogy du jour: Read More…

Read This: A Great Fourth Circuit Dissent

By Steve Klepper (Twitter: @MDAppeal)

Judge Andre M. Davis is, in my opinion, one of the two best writers on the Fourth Circuit. (The other is Judge J. Harvie Wilkinson III.)

Earlier this week, readers of the Fourth Circuit’s opinions were treated to a powerful dissent by Judge Davis in United States v. Kerr, No. 12-4775 (4th Cir. Dec. 3, 2013). Without taking sides between the majority and the dissent on the substantive question (the application of the Armed Career Criminal Act to North Carolina convictions), I’d like to highlight the dissent as an excellent piece of legal writing. Read More…