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Fourth Circuit Reverses ‘Abusive Language’ Conviction Where Government Failed to Offer Evidence That Racial Slur Tended to Cause Immediate Acts of Violence
by Douglas Ankney
The U.S. Court of Appeals for the Fourth Circuit reversed retired Air Force Lieutenant Colonel Jules A. Bartow’s conviction for using “abusive language” after determining the Government failed to prove his racial slur tended to cause immediate acts of violence.
Bartow, who is white, …
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More from this issue:
- One More Reason to Dislike Your State’s DMV, by Edward Lyon
- Trial Penalty: The Harm in Coercive Prosecutorial Tactics and Plea Bargains, by David Reutter
- Virginia Supreme Court Reverses Concealed Weapon Offense Because Statutory Exception Applied, by Douglas Ankney
- The Federal Habeas Corpus: Government’s Response and Your Reply, by Dale Chappell
- The Many Roads to Relief Under Borden, by Dale Chappell
- Montana Supreme Court: Court Reporter’s Medical Emergency and Judge’s Distress Don’t Constitute Manifest Necessity for Declaring Mistrial, Retrial Violates Double Jeopardy, by Douglas Ankney
- Arizona Supreme Court: Trial Court’s Failure to Protect Defendant’s Right to Conflict-Free Counsel May Be Raised on Direct Appeal 16 Massachusetts Supreme Court: Error to Exclude Expert Testimony on Significance of Tattoo to Support Claim of Self-Defense, by Douglas Ankney
- Virginia Passes Comprehensive Record Clearance Legislation, by Casey Bastian
- Massachusetts Supreme Court: Error to Exclude Expert Testimony on Significance of Tattoo to Support Claim of Self-Defense, by David Reutter
- Seventh Circuit: Coworker Cannot Limitlessly Search Defendant’s Office at Direction of FBI, by Anthony Accurso
- Fourth Circuit Reverses ‘Abusive Language’ Conviction Where Government Failed to Offer Evidence That Racial Slur Tended to Cause Immediate Acts of Violence, by Douglas Ankney
- Nebraska Supreme Court Reverses Denial of Pretrial Motion for Absolute Discharge on Speedy Trial Grounds, by Matthew Clarke
- California Court of Appeal Vacates Guilty Plea That Resulted in Legal Fiction, by David Reutter
- Should Public Defenders Be Tweeting?, by Anthony Accurso
- California Court of Appeal: When Federal Court Finds Petitioner Satisfies Schlup Standard, Victim Compensation Board Must Recommend Payment of Claim Without Hearing, by Douglas Ankney
- National Institute of Justice Funds Research to Differentiate Injuries Caused by Child Abuse from Accidental Injuries, by Matthew Clarke
- Police Funding Reallocated to Community Programs Nationwide, by Casey Bastian
- Ninth Circuit: Directly Searching Inside Detainee’s Pocket Not a Valid Terry Frisk for Weapons, by Anthony Accurso
- Atavistic South Carolinians Offer Option of Firing Squad to Condemned Prisoners, by Douglas Ankney
- Delaware Supreme Court: Substitution Not Allowed for Chain of Custody Witness, by Anthony Accurso
- Sixth Circuit: District Court May Consider Disparity of Defendant’s Actual Sentence Compared With Sentence Under First Step Act When Additional Factors Present, by Douglas Ankney
- Eighth Circuit: Plain Error to Impose Destructive-Device Enhancement for .410 Shotgun, by David Reutter
- Tenth Circuit Reverses Denial of Suppression Motion Because Rationale for Community-Caretaker Exception Unreasonable, by Douglas Ankney
- Report: NYPD Sold Almost 22,000 of the 55,000 Phones Seized Last Year, by Douglas Ankney
- SCOTUS: Cady’s ‘Community Caretaking’ Function of Police Doesn’t Create Standalone Doctrine Permitting Warrantless Entry into a Home, by Douglas Ankney
- Maryland and Montana: First States to Pass Laws Restricting Access to Consumer Genealogy Databases by Law Enforcement, by Casey Bastian
- South Carolina Supreme Court: Lifetime SORA Registration Requirement Unconstitutional Absent Opportunity for Judicial Review of Risk of Re-offending, by Anthony Accurso
- It’s No Shock That Tasers Increase Brutality, by Casey Bastian
- Mississippi Supreme Court: Drug Buy Between Dealer and User Doesn’t Constitute Conspiracy to Distribute, by David Reutter
- California Court of Appeal Reverses Felony-Murder Conviction Where Sentencing Occurred After SB 1437 Enacted, by Matthew Clarke
- New Mexico Supreme Court: Constitutional Error to Accept Plea Without Assistance of Counsel, by David Reutter
- Maryland Enacts Significant Police Reform, Overriding Governor’s Veto, by Jayson Hawkins
- FBI Subpoenas Media Outlets for Information on Readers of Stories Criticizing Government, by Dale Chappell
- Decision Not to Prosecute May Reduce Chance of Recidivism, by Kevin Bliss
- Fourth Circuit Extends Gant’s Automobile Search-Incident-to-Arrest Framework to Searches of Non-Vehicular Containers, by Douglas Ankney
- Texas Supreme Court: Multiple Misdemeanor Charges Resulting From Single Arrest Divisible for Expunction Purposes, by Douglas Ankney
- Police Legal Defense Funds Have Millions in Reserve, by Jayson Hawkins
- Big Brother Is Watching You Through Your Car, by Jayson Hawkins
- Warrantless Warrants and Crooked Courts in Chicago, by Jayson Hawkins
- Constitutional Protections No Protection for Colorado Man Killed by Police, by Casey Bastian
- Details Surface About Firm That Hacked iPhone for the FBI in 2016, by Anthony Accurso
- Debunking the Myth of ‘Dangerous’ Traffic Stops, by Jayson Hawkins
- Reports Show Law Enforcement Groups Are Main Force Pushing New Anti-Protest Laws, by Matthew Clarke
- Prosecutors Call for Humane Sentencing Measures, by Kevin Bliss
- Jury Refuses to Hold Abusive Cops Accountable for Beating Undercover Cop, by Anthony Accurso
- Two T-shirts Cost Louisiana Man 20 Years, by Edward Lyon
- Digital Dogs, New Technology Designed to Sniff-Out Crime, by Michael Fortino, Ph.D
- Police Use of Facial Recognition May Be Broader Than Expected, by Anthony Accurso
- When Police Ignore Ordered Changes, Is It Really Reform?, by Douglas Ankney
- The Louisiana Board of Parole Giveth and Taketh Away: The Troubling Case of Bobby Sneed, by Casey Bastian
- The People Have Spoken: Clemency Appointments Should Follow the Will of the People, by Michael Fortino, Ph.D
- Police Target People of Color for Cannabis Crimes Despite Legalization, by Anthony Accurso
- Bodycams Do Not Hold Cops Accountable, Communities Do, by Anthony Accurso
- News in Brief
More from Douglas Ankney:
- The Dramatic Increase in the Elderly Prison Population Is Fiscally and Morally Irresponsible, Oct. 1, 2026
- Second Circuit Affirms Denial of Qualified Immunity but Clarifies that 14th Amendment ‘Objective Reasonableness’ Is Standard of Review for Pretrial Detainee’s Claim of Sexual Abuse, Oct. 1, 2026
- California Supreme Court Announces Totality-of-Circumstances Framework Focused on Defendant’s Subjective Understanding Under § 1473.7(a)(1), Holding Immigration Consequences Advisement Is Relevant but Not Dispositive, Oct. 1, 2026
- Idaho Supreme Court Holds Conflicting Affidavits About Plea Acceptance Require Evidentiary Hearing on Ineffective-Assistance Claim, Oct. 1, 2026
- Tenth Circuit Vacates Award of Costs to Prison Officials, Revives Prisoner’s Claim Alleging Denial of Access to Functioning Toilets and Exposure to Other Prisoners’ Feces, Oct. 1, 2026
- Second Circuit Vacates Above-Guidelines Firearm-Trafficking Sentence Based on Failure to Assist Law Enforcement and Unexplained Reliance on Factors Already Included in Guidelines Range, Sept. 1, 2026
- Ninth Circuit Reverses Convictions, Holding Requirement That Defendant Testify Before Displaying Hand Tattoos Violates Fifth Amendment, Sept. 1, 2026
- Ohio Supreme Court Announces Postconviction DNA-Testing Orders Need Only Identify Statutory Reason to Satisfy R.C. 2953.73(D) “Reasons” Requirement, Sept. 1, 2026
- Federal Court Upholds Consultants’ Finding that Oklahoma Is Not Honoring Its Consent Decree to Provide Mental Health Treatment, Sept. 1, 2026
- Idaho Legislature Moves to Hide Execution Protocol from Judicial Scrutiny, Sept. 1, 2026
More from these topics:
- Ghislaine Maxwell Reportedly Receiving Preferential Treatment at Texas Prison Camp, June 1, 2026. Transfers, DOC/BOP misconduct, Whistleblowing, Protected Speech, Prison Classification.
- SCOTUS Unanimously Announces Heck Does Not Bar §1983 Suits Seeking Purely Prospective Relief, Resolving Circuit Split Over Whether a Prior Conviction Precludes a Forward-Looking Constitutional Challenge to the Statute of Conviction, April 1, 2026. Injunctions, First Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights, Prohibitions Against Protests, Protected Speech.
- Class Certified in Challenge to Mailed Book Ban at Indianapolis Jail, Jan. 1, 2026. Class Certification, Publications/Books, Religious Practices, Protected Speech.
- Eighth Circuit Orders Preliminary Injunction Requiring Minnesota to Reinstate Program Teaching Biblical “Authentic Manhood”, Nov. 1, 2025. Religious Discrimination, Injunctions, Interlocutory Appeals, Protected Speech, Religious Freedom/Worship, Prison Regulations.
- Class Incarceration Has Become a Prominent Factor in Mass Incarceration, July 1, 2025. Racial Discrimination, Racial Profiling, Racial/Ethnic Bias/Profiling, Bias/Discrimination, Police Bias, Disproportionality.
- U.S. Navy Exonerates Wrongly Convicted Black WWII Sailors, Feb. 15, 2025. Wrongful Conviction, Military, Racial Profiling, Racial/Ethnic Bias/Profiling.
- Oregon Holds BLM Protestor in Solitary Confinement for 250 Days, Feb. 15, 2025. Protests, Control Units/SHU/Solitary Confinement, Racial Profiling, Prison Classification.
- Chicago PD Continues Racial Profiling While Underreporting Incidents of Traffic Stops, Nov. 1, 2024. Racial Profiling, Traffic Stops.
- Study Finds That Black Americans Want Both Police Presence and Reform: Looking Beyond the Headlines, Oct. 1, 2024. Criminal justice system reform, Police, Racial Profiling.
- California Court of Appeal: Statistical Evidence Showing Racial Disparity Combined With Evidence Showing Non-Minority Defendants Charged With Lesser Crimes Establishes Prima Facie Case Under California Racial Justice Act, June 15, 2024. Racial Discrimination, Racial Profiling, Charging Decisions, Disparity in Charging/Sentencing Practices.
