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
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
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
properly declined federal jurisdiction over real property
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
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
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
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
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
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
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
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