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Table of Contents Criminal Law & Procedure 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.
Criminal Law & Procedure United States Supreme Court, 04/04/2011
Cullen v. Pinholster, No. 09–1088
In a federal habeas dispute involving the scope of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U. S. C. section 2254, and an assertion of ineffective counsel, judgment of the Court of Appeals is reversed because federal review under section 2254(d)(1) is limited only to the record that was before the state court that adjudicated the claim on the merits. Read more... United States First Circuit, 04/04/2011
In re: Grand Jury v. Dist. of Massachusetts, Boston, No. 10-2005
In a dispute involving the authority of a district court to toll a state sentence in order to effectuate the imposition of a federal civil contempt sentence, 28 U.S.C. section 1826, judgment of the district court suspending an ongoing state sentence until such time as a recalcitrant witness has completed serving a federal contempt sentence is affirmed where the balance of interests favors the judgment. Read more... United States First Circuit, 04/06/2011
US v. Pires, No. 10-1062
Conviction and sentencing of defendant on child pornography related charges is upheld where, on the facts of the case, claims of insufficiency of evidence, error in the exclusion of proffered expert testimony, prosecutorial misconduct, and multiplicity of charges are all unpersuasive. Read more...
United States First Circuit, 04/06/2011
US v. Small, No. 09-2292
Conviction and sentencing of defendant for possession of a firearm in violation of 18 U.S.C. section 922(g)(1) is upheld where: 1) exclusion of statements defendant claimed he relied on was proper given their irrelevancy and zero estoppel value; 2) denial of motion to withdraw plea was not an abuse of discretion; and 3) a prior escape conviction is, under state law, categorically a violent offense. Read more... United States First Circuit, 04/07/2011
US v. Vazquez-Castro, No. 09-2109
Conviction and sentencing of defendant on drug-related charges is affirmed where sufficient evidence supported conviction and trial court instruction on a Pinkerton theory was not constitute plain error despite the absence of vicarious liability. Read more... United States Third Circuit, 04/04/2011
US v. Rhines, No. 10-4077
Conviction and sentencing of defendant for possession with intent to distribute fifty grams of cocaine base is upheld where his petition for a writ of error coram nobis does not present a substantial question because he remains in custody and that the error he complained of was not of the type within the ambit of the writ. Read more... United States Ninth Circuit, 04/04/2011
Samayoa v. Ayers, No. 09-99001
In a petition for federal habeas relief stemming for the conviction of defendant for two counts of murder, judgment by the district court denying relief is affirmed where state court reasonably rejected claim of ineffective counsel, because the murders themselves were uncommonly brutal and the aggravating evidence horrific such that the failure of counsel to present compounding, mitigating evidence would not have produced a different verdict. Read more... United States Ninth Circuit, 04/04/2011
Doe v. Harris, No. 09-17362
In a dispute arising out of a criminal complaint for child molestation and the scope of California Penal Code section 290, the issue of whether, under California law, the default rule of contract interpretation is (a) that the law in effect at the time of a plea agreement binds the parties, or (b) that the terms of a plea agreement may be affected by changes in law is certified to State Supreme Court for resolution. Read more... United States Ninth Circuit, 04/05/2011
Pearson v. Muntz, No. 08-55728
In appeal arising from the reversal of parole by Governor on the basis that the petitioner was still a danger to public safety, habeas relief by district court is reversed where the provision of an opportunity to be heard, a notification of the reasons for denial of parole, and advance access to records are sufficient guarantees of Due Process. Read more... United States Ninth Circuit, 04/07/2011
US v. Ewing, No. 10-50131
Conviction and sentencing of defendant for counterfeiting currency and the possession of counterfeit currency with the intent to use, 18 U.S.C. sections 471 and 474, is upheld where a warrantless search of a car in which defendant was a passenger was not a constitutional breach since taken on the whole, several interrelated factors converged to create a fair probability that the search would yield evidence of a crime. Read more... United States Ninth Circuit, 04/07/2011
US v. Delgado-Ramos, No. 09-50580
Conviction and sentencing of defendant for attempted entry after deportation, 8 U.S.C. section 1326(a)-(b), is affirmed where failure of district court to inform him of the immigration consequences of his plea during his plea colloquy was not prejudicial error because even where Padilla v. Kentucky has overruled Circuit precedent, the decision does not undercut the theory or reasoning underlying Amador-Lea so as to afford the defendant a remand. Read more... United States Ninth Circuit, 04/07/2011
US v. Greer, No. 09-10095
Conviction and sentencing of defendant under the Hobbs Act, 18 U.S.C. section 1951-1952, is upheld where: 1) a deficient mens rea jury instruction was not plain error nor did it negate specific extortion instruction; and 2) comments on the veracity of adverse witnesses by defendant did not constitute reversible error. Read more... California Court of Appeal, 04/05/2011
People v. Shockman, No. D056138
Conviction and sentencing of defendant on drug-related charges, Health and Saf. Code Sections 11377, 11378, and 11379, is upheld because admission of a prior conviction as a modus operandi is proper and counsel was not ineffective in failing to discover the similarity between an uncharged and the charged offenses. Read more... California Court of Appeal, 04/05/2011
People v. Valdez, No. B222463
Conviction and sentencing of defendant on seven counts of lewd and lascivious acts upon a child, PC section 288(a), is upheld because the imposition of a multiple one-strike sentences for convictions as to one of the three victims, where the only aggravating circumstance was the multiple-victim factor under PC section 667.61, is consistent with the legislative intent ans scheme of the statute. Read more... California Court of Appeal, 04/05/2011
People v. Arevalo-Iraheta, No. E050247
Conviction and sentencing of defendant on five counts of lewd and lascivious behavior with a child under the age of 14, PC section 288(a), is upheld where an amended criminal complaint midtrial adding additional counts for which defendant was convicted and ruling on a section 1118.1 motion in the presence of the jury coupled with a failure to give a unanimity instruction as requested by defendant were not prejudicial errors. Read more... California Court of Appeal, 04/06/2011
In re Borlik, No. H034191
In a criminal dispute involving the conviction and sentencing of defendant for, among other crimes, gross vehicular manslaughter while intoxicated, PC section 191.5(a), judgment by trial court granting habeas relief is reversed where prison sentence of petitioner is not subject to the 15 percent credit earning limitation under PC section 2933.1. Read more... California Court of Appeal, 04/07/2011
People v. Byrd, No. D056974
Conviction and sentencing of defendant for an assortment of crimes related to a charge of forcible sodomy, PC section 286(c)(2), is upheld but remanded for resentencing where trial court failed to recognize that it had discretion to impose concurrent, as opposed to consecutive, sentences on multiple counts based on the fact that all the offenses arose on the same occasion or out of the same operative facts. Read more... California Court of Appeal, 04/07/2011
People v. Indiana Lumbermens Mutual Ins. Co., No. E050297
In a criminal appeal arising from a motion to set aside bond forfeiture, order of the trial court declaring a criminal bond forfeited is affirmed where the court did not lose jurisdiction to declare forfeiture after first, unexcused failure of defendant to personally appear in pretrial proceedings. Read more... California Court of Appeal, 04/07/2011
In re Morgan, No. D056444
Conviction and sentencing of defendant for assault with a deadly weapon is affirmed where trial court properly found that a prior conviction of brandishing a hammer, with a hate crime enhancement, qualified as a serious felony under PC section 1192.7(c)(23). Read more... Court of Appeals of New York, 04/05/2011
People v. Stewart, No. 47
Conviction and sentencing of defendant for attempted robbery in the first degree is upheld because Catu claim by defendant could not be raised in a CPL 440.10 motion. Read more... Court of Appeals of New York, 04/05/2011
In the Matter of State of New York v. Andrew O., No. 34
In a proceeding seeking the commission of defendant to a treatment facility as a dangerous sex offender, Hygiene Law section 10 et. seq., judgment of the trial court is reversed where the examination of the religious views of a testifying psychiatrist constituted an improper attack on credibility, and the court failed to give a prompt and clear corrective instruction. Read more... Court of Appeals of New York, 04/05/2011
The People v. Cecunjanin, No. 56
Conviction and sentencing of defendant for attempted sexual abuse, Penal Law section 130.65(2), is vacated because evidence fails to support conviction where an attempt to subject a physically helpless person to sexual contact is, on the facts of the case, an inherent contradiction in logic and law. Read more... Court of Appeals of New York, 04/05/2011
In the Matter of Dylan C., No. 57
In a case involving an escape by the defendant from an unsecured juvenile detention facility, Penal Law section 205.10 (1), dismissal by trial court is affirmed on the the ground that elopement from a non-secure facility did not fall within the proscription of the felony escape statute relied upon by the presentment agency. Read more... Court of Appeals of New York, 04/05/2011
People v. Jordan, No. 46
Conviction and sentencing of defendant for assault in the second degree is upheld where defendant cannot challenge his plea on appeal from a resentencing proceeding because the basis for his appeal, CPL 450.30(3), bars a vacatur of his plea-based conviction. Read more...
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