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Fourth Circuit Announces Defendant Has Standing to Appeal Based Solely on Rogers–Singletary Claim of a “Material Discrepancy Between” Written and Orally Articulated Judgment at Sentencing
Loaded on May 1, 2026
by Douglas Ankney
published in Criminal Legal News
June, 2026, page 28
Filed under:
Failure to Object,
Appealable Issues/Orders,
Warrantless Searches,
Reasonable Suspicion,
Special Conditions.
Location:
North Carolina.
by Douglas Ankney
The United States Court of Appeals for the Fourth Circuit vacated a defendant’s sentence and remanded for resentencing after concluding that the warrantless-search condition in the written judgment materially differed from what the U.S. District Court for the Eastern District of North Carolina orally announced …
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More from this issue:
- Beyond Geofence Warrants: Chatrie, Reverse-Location Surveillance, and the Fourth Amendment Fight Over Digital Dragnets, by Richard Resch
- New Jersey Supreme Court Announces Historical CSLI Must Be Presented Through Expert Testimony, Rejecting Lay Mapping of Cell-Tower Locations Because Interpreting CSLI Requires Technical and Specialized Knowledge Beyond “Ken” of Average Juror, by David Kim
- First Circuit Vacates Drug Courier’s Sentence, Holding District Court Erred by Failing to Conduct Proper Comparative Culpability Analysis Under § 3B1.2 When It Excluded Other Participants in Drug Shipment From Universe of Comparators, by David M. Reutter
- Chronotype Mismatch as an Emerging Vulnerability Factor in Custodial Confessions, by David Kim
- Fourth Circuit Announces Defendant Has Standing to Appeal Based Solely on Rogers–Singletary Claim of a “Material Discrepancy Between” Written and Orally Articulated Judgment at Sentencing, by Douglas Ankney
- Oregon Supreme Court Announces Trial Courts Must Give Complete Oral Final Jury Instructions at Conclusion of Trial, Preliminary Instructions Cannot Substitute for the ORCP 59 B Charge, by David Kim
- Sixth Circuit Announces Federal Coercion and Enticement Statute Requires Knowledge of Victim’s Minor Status, Deepening Circuit Split, by Douglas Ankney
- Colorado Supreme Court Holds Prosecutor’s Interlocutory Appeal of Evidentiary Ruling Lacked Arguable Merit, Did Not Toll Speedy Trial Deadline, and Violated Defendant’s Right to Speedy Trial, by David Kim
- Texas Court of Criminal Appeals Holds Grand Jury No-Bill Terminated Sixth Amendment Right to Counsel, Clarifies Frye Exception, by David Kim
- Fourth Circuit Holds Officer’s Firearms Questioning at Outset of Traffic Stop Exceeded Permissible Scope Where Officer Abandoned Stop’s Purpose From Inception and Totality of Circumstances Did Not Support Officer-Safety Justification, by David Kim
- Uncounted COVID Deaths Reveal a Troubling Truth About Official Death Records, by Jo Ellen Nott
- The Recycled Police Officer: Research Reveals High Cost of Ignoring Prior Misconduct, by Jo Ellen Nott
- California Supreme Court Announces § 189(e)(2) Requires Nonkiller to Aid the Actual Killer in the Lethal Act, Resolving Appellate Split, by David Kim
- Colorado Limits the Use of Faulty Field Drug Tests, by Jo Ellen Nott
- Texas Court of Criminal Appeals Announces That Warrantless-Arrest Statutes Conditioning Authority on an Offense Within an Officer’s “Presence or View” Require Actual Contemporaneous Sensory Perception, by David Kim
- Guilty Until Proven Innocent: The Due Process Risks of Automated Traffic Enforcement, by Jo Ellen Nott
- Louisiana Supreme Court Announces Strickland Governs Collateral Claims That Defense Counsel Prevented Defendant From Testifying, by David Kim
- Delaware Supreme Court Announces Adoption of ABA Standard 3-6.5(b) Governing Prosecutors’ Opening Statements, Reverses Murder Convictions Based on Prosecutor’s References to Co-Defendant’s Guilty Plea, by Douglas Ankney
- Connecticut Supreme Court Announces Extension of Brady Obligations to Same-Office Impeachment Evidence, by David Kim
- NEWS IN BRIEF
More from Douglas Ankney:
- New Jersey Supreme Court Orders Plenary Hearing Before Special Adjudicator on Reliability of Fingerprint Evidence, Holding Century of Judicial Acceptance Did Not Satisfy Trial Court’s Gatekeeping Obligation Under N.J.R.E. 702, Aug. 1, 2026
- En Banc Eleventh Circuit Announces All Parents, Including Those Convicted of Child-Sex Offenses, Enjoy Fundamental Right to Live With Their Children, Holding Alabama Residency Prohibition Subject to Strict Scrutiny, Aug. 1, 2026
- Seventh Circuit Announces Courts May Examine Individual Officer’s Subjective Purpose When Assessing Whether Warrantless Administrative Inspection Was Pretextual, Holding Suppression Required Where Trooper’s Sole Motive for Stop Was Criminal Investigati, Aug. 1, 2026
- SCOTUS Holds § 922(g)(3) Prosecution Based Solely on Regular Marijuana Use, Without Individualized Proof of Dangerousness, Violates Second Amendment, Aug. 1, 2026
- Judge Grants Attorney’s Motion to Withdrawal from Corizon Health Case Due to Non-Payment, Aug. 1, 2026
- Abuse is No Excuse: Oklahoma’s Judges Deny Sentencing Relief to Prisoners Who Were Raped and Physically Assaulted, Aug. 1, 2026
- Audit of Louisiana DOC Finds Fault with Prisoner Release Calculation System, Aug. 1, 2026
- California Appeals Court Sustains Amendments to CDCR that Narrow Youth Parole Eligibility Rules, July 1, 2026
- Eighth Circuit Revives § 1983 Complaint Alleging Jail Detainees’ Death from Stroke was Due to Deliberate Indifference and Failure to Train, July 1, 2026
- California Court of Appeal Announces Defendants Who Exercise Right to Jury Trial on Aggravating Circumstances Are Entitled to Closing Argument by Counsel on Those Factors, July 1, 2026
More from these topics:
- Ohio Supreme Court Announces Post-Verdict Judgment of Acquittal Is Not “Final Verdict” Under R.C. 2945.67(A) and Overrules Contrary Precedent, Holding State May Appeal Such Judgment by Leave of Court of Appeals but Not as of Right, Aug. 1, 2026. Double jeopardy, Appealable Issues/Orders, New Trial/Judgment of Acquittal, Statutory Construction/Interpretation.
- Florida Supreme Court Announces District Courts of Appeal Have Jurisdiction to Review Denial of Downward Departure Sentence, Holding Sentencing Order Is Final Order Appealable as Matter of Right, Aug. 1, 2026. Constitution, state, Appealable Issues/Orders, Abuse of Discretion Standard, Sentences - Adjustments and Departures, Authority and Jurisdiction.
- Seventh Circuit Announces Courts May Examine Individual Officer’s Subjective Purpose When Assessing Whether Warrantless Administrative Inspection Was Pretextual, Holding Suppression Required Where Trooper’s Sole Motive for Stop Was Criminal Investigati, Aug. 1, 2026. Warrantless Searches, Exception to Warrant Requirement, Pretextual Stops, Searches - Administrative, Suppression.
- New Mexico Supreme Court Announces Article II, Section 10 Exclusionary Rule Governs Admissibility of Evidence Seized Outside State by Non-New Mexico Officers, Aug. 1, 2026. Warrantless Searches, Conflict of Laws/Decisions, State Constitutional Claims, Suppression, Exclusionary Rule.
- SCOTUS Announces Appeal Waivers in Plea Agreements Unenforceable When Enforcement Would Produce a Miscarriage of Justice, Adopting Majority Circuit Approach, July 1, 2026. Involuntary Treatment/Drugging, Knowingly and Intelligently, Preservation of Appellate Rights/Issues, Special Conditions, Knowingly and Voluntarily Made, Validity of.
- Supreme Court of Maryland Holds Officer Lacked Reasonable Suspicion for Traffic Stop Based on Acquaintance’s Tip Reporting Innocent Conduct, Reaffirming That “High-Crime Area” Testimony Must Be Particularized, July 1, 2026. Traffic stop, Motions To Suppress, Informants and Paid Witnesses, Reasonable Suspicion, Terry Stops.
- California Court of Appeal: Vehicle Impoundment Solely to Prevent Further Unlicensed Driving Does Not Satisfy Fourth Amendment’s Community Caretaking Exception; Statutory Authorization Alone Insufficient to Establish Constitutional Reasonableness, June 1, 2026. Warrantless Searches, Motions To Suppress, Searches - Inventory, Community Caretaking Exception/Doctrine, Seizure.
- The Constitution for Sale: FBI Confirms Resumption of Data Broker Dragnets, June 1, 2026. Fourth Amendment, rights, Warrantless Searches, Cell-Phone Location/Tracking Data, Electronic Surveillance, Privacy Act/Rights.
- Minnesota Supreme Court Announces Heightened Voluntariness Inquiry Required for Contingent Guilty Pleas and Holds Plea Withdrawal Is the Proper Remedy When District Court Fails to Probe Coercion Risk, June 1, 2026. Failure to Object, Knowingly and Voluntarily Made, Grounds For Withdrawal, Acceptance/Rejection by the Court.
- Fourth Circuit Holds Officer’s Firearms Questioning at Outset of Traffic Stop Exceeded Permissible Scope Where Officer Abandoned Stop’s Purpose From Inception and Totality of Circumstances Did Not Support Officer-Safety Justification, May 1, 2026. Motions To Suppress, Reasonable Suspicion, Traffic Stops, Suppression, Scope of Permissible Searches.




