Fourth Circuit Issues Opinion In Miselis Appeal Striking Down Parts Of Anti Riot Act As Unconstitutional But Upholding Convictions Of RAM Defendants

Fourth Circuit Issues Opinion In Miselis Appeal Striking Down Parts Of Anti Riot Act As Unconstitutional But Upholding Convictions Of RAM Defendants

On August 24, 2020, in a unanimous opinion authored by Judge Diaz, the Fourth Circuit affirmed District Court Judge Moon’s refusal to strike down the Anti Riot Act as unconstitutional.  In what can fairly be described as a convoluted and illogical rationale, the Fourth Circuit found large parts of the Act unconstitutional but upheld certain narrow segments of it.  Then,…

Oral Argument Held In Fourth Circuit Miselis Appeal

Oral Argument Held In Fourth Circuit Miselis Appeal

On January 31, 2020, Glen Allen, as an observer, on behalf of FEF attended oral argument in the Fourth Circuit Miselis appeal.  He noted that the Chief Judge, Judge King, seemed hostile to the RAM defendants, that Judge Rushing asked virtually no questions, but that Judge Diaz did pose several pointed questions to both sides.  He commented that it was…

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