Case Summaries: Fourth Circuit Court of Appeals (November 15 & 21, 2023)

This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during November 2023. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here. Denial of Due Process challenge by pretrial detainees against county’s use of Pretrial Services lacked findings of fact and conclusions of law; vacated and remanded Frazier v. Prince George’s County, Maryland, 86 F.4th 537 (Nov. 15, 2023). In this case from the District of Maryland, the plaintiffs were a class of pretrial detainees. They argued that the county’s pretrial release procedures violated due process and asked for a preliminary injunction ordering their release from custody. A person arrested in Prince George’s County has an initial appearance before a magistrate. The magistrate makes the preliminary decision whether the person should be released outright, released with conditions, or detained, per state law. When an arrestee is not immediately released, a hearing before a county judge is held soon thereafter. The detainee is entitled to counsel at this hearing and may present evidence, and the judge makes an individualized determination about the propriety of the detention. Under state law, the detainee must be released unless it is reasonably likely that the defendant presents a threat to a victim or the public or that the defendant will not appear. Even then, the person may only be detained if the court finds by clear and convincing evidence that no conditions of release will protect against those risks. [...]