On Friday, Oct. 30, a three-panel judge of the U.S. Court of Appeals for the Fourth Circuit will hear oral arguments in the School of Law's Ceremonial Courtroom. Oral arguments will begin at 9:30 a.m. Students, faculty, and friends are invited to attend.
Overflow seating featuring a simulcast of the arguments will be available in Rooms 108 and 202.
United States of America v. Herder (Docket No. 08-4420)
Mr. Herder, who was convicted on two drug charges, appeals his conviction on several grounds including: 1) sufficiency of the evidence to convict; 2) the trial courtís failure to instruct on possession after the jury posed a question about this element of the crime; and 3) the trial courtís order requiring Herder to forfeit cash found on him at the time of his arrest.
Pethtel v. West Virginia State Police, et al. (Docket 08-2098)
This is an excessive force case against the West Virginia State police who shot and killed Thomas Pethtel, a fugitive who while hiding in a friendís house, threatened to kill a hostage. The District Court granted summary judgment in favor of all police defendants.
United States of America v. Gore (Docket No. 08-4462)
This issue in this case is whether the District Court properly instructed the jury on the defense of self-defense raised by Michael Gore, who was convicted of assaulting a prison guard while incarcerated in a West Virginia federal prison. The statue at issue -- 18 USC 111-- is silent on the availability of defenses, including the right to self-defense.