US Court of Appeals for the Fourth Circuit to Hear Oral Arguments in Cherokee

On Thursday, November 15, 2018, the United States Court of Appeals for the Fourth Circuit will make history by holding oral arguments for the first time in Indian Country, at the Cherokee Court on the Qualla Boundary in Cherokee, North Carolina.

Slated for review are three very different cases so, no matter what your practice area may be, at least one of these cases should be of interest to you. The first case is the criminal matter of United States v. Jesmene Lockhart, which presents the issue of whether the court’s failure to advise the defendant of a possible mandatory minimum at his plea hearing was plain error and grounds for the defendant to withdraw his guilty plea when he was advised that the maximum sentence he faced was 10 years but was later subjected to a mandatory 15 year minimum sentence.

The second case, EEOC v. McLeod Health, an employment discrimination case, raises the issue of whether a grant of summary judgment in favor of the defendant was lawful where the plaintiff, a long-term employee of the defendant, made factual allegations that the defendant violated the Americans with Disabilities Act by requiring medical examinations pertaining to her known congenital disability.

Finally, the third matter, Charles Finch v. Timothy McKoy, is a post-conviction action where the petitioner (a former death row inmate) contends he is factually innocent of murder where the eyewitness identification of him was unreliable, and further, offered alleged new evidence to show that the victim was killed with a weapon different than the shotgun originally charged.

Seating for these arguments will be on a first-come, first-serve basis and is expected to fill up quickly so plan on arriving early.