Daily Opinion Summaries for U.S. 1st Circuit Court of Appeals - 04/13/2011

Daily Opinion Summaries U.S. 1st Circuit Court of Appeals April 13, 2011 FindLaw.com Daily Opinion Summaries Newsletter Quick Links Cases & Codes Careers LawBrain Legal Market Center Lawyer Directory Lawyer Marketing Table of Contents LATEST SUMMARIES Criminal Law & Procedure • US v. Dancy Habeas Corpus, Criminal Law & Procedure, Sentencing • Gaskins v. Duval Sentencing, Criminal Law & Procedure, Habeas Corpus • Atkins v. Clarke Sentencing, Ethics & Professional Responsibility, Evidence, Criminal Law & Procedure • US v. Curet Constitutional Law, Property Law & Real Estate • Young v. Wall View FindLaw's new Case Summary Blog for U.S. 1st Circuit Court of Appeals. FindLaw's case summaries are copyrighted material and are not intended for republication without prior approval. You may, however, freely redistribute this e-mail in its entirety. To view the full-text of cases you must sign in to FindLaw.com. SPONSOR LATEST SUMMARIES Criminal Law & Procedure US v. Dancy, No. 09-2628 Conviction of defendant for being a felon in possession of a firearm, 18 U.S.C. section 922(g)(1), and sentencing to fifteen years imprisonment under the Armed Career Criminal Act (ACCA), 18 U.S.C. section 924(e), are affirmed where: 1) trial court properly denied motion to suppress firearm and related evidence; 2) defendant was not entitled to a mistrial based on an accidental reference to the second amendment during closing argument; 3) firearm instruction to jury was not unconstitutional and erroneous; and 4) district court did not erred in finding defendant to be an armed career criminal under the ACCA. Read more... Habeas Corpus, Criminal Law & Procedure, Sentencing Gaskins v. Duval, No. 09-2322 Petition for habeas relief from state conviction for first degree murder is denied because although the equities may favor jurisdiction over an otherwise stale petition, claim of prosecutorial misconduct by defendant fails to convince. Read more... SPONSOR Sentencing, Criminal Law & Procedure, Habeas Corpus Atkins v. Clarke, No. 10-1870 In a section 2254(d)(1) petition for habeas review arising from conviction and sentencing of defendant on gun-possession charges where trial court denied request by the defendant for an evidentiary hearing, habeas petition is denied because state court fully adjudicated the claim on the merits. Read more... Sentencing, Ethics & Professional Responsibility, Evidence, Criminal Law & Procedure US v. Curet, No. 09-1527 Conviction and sentencing of defendant for conspiring to distribute cocaine base, 21 U.S.C. section 846, and distribution of cocaine base within a thousand feet of a school and/or aiding and abetting such distribution, 18 U.S.C. section 2; 21 U.S.C. sections 841(a)(1), 860, is upheld where questions by government intended to bolster credibility of its witness by undermining adverse testimony does not constitute vouching. Read more... Constitutional Law, Property Law & Real Estate Young v. Wall, No. 10-1862 In a dispute involving whether the unilateral suspension by a prison of its internal policy of paying interest on inmate accounts constituted an unconstitutional taking, judgment by district court dismissing action is affirmed because prison inmates lack a constitutionally-protected property right in interest not yet paid. Read more... SPONSOR Feedback We value your comments! Please take a moment to tell us what you think by sending us an e-mail. Subscription Information Click here to subscribe to a FindLaw Newsletter. To unsubscribe, click here. Advertising Information For more information about advertising in FindLaw Newsletters, click here. 800 W. California Ave., Sunnyvale, CA 94086

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