| You may forward this e-mail in its entirety.
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, 05/23/2011
Brown v. Plata, No. 09–1233
In a constitutional challenge to state prison overcrowding, judicial order mandating reduction in prison population is affirmed where the order is necessary to remedy violation of prisoners’ constitutional rights and is authorized by the Prison Litigation Reform Act of 1995. Read more... United States Supreme Court, 05/26/2011
US v. Tinklenberg, No. 09-1498
In a dispute involving the scope of The Speedy Trial Act of 1974 (Act), 18 U.S.C. section 3161(c)(1), judgment of the appeals court dismissing indictment against defendant on the basis that the indictment was stale is reversed, where the Act stops the Speedy Trial clock from running automatically upon the filing of a pretrial motion irrespective of whether the motion has any impact on when the trial begins. Read more... United States Supreme Court, 05/26/2011
Fowler v. US, No. 10–5443
In a dispute arising from the conviction and sentencing of defendant for murdering a police officer with the intent to prevent the officer from communicating to federal law enforcement information relating to the possible commission of a federal offense, 18 U. S. C. section 1512(a)(1)(C), judgment of the appeals court affirming conviction is reversed where, in such circumstances, the Government must establish a section1512(a)(1)(C) violation by showing that there was a reasonable likelihood that the relevant communication would have been communicated to a federal officer. Read more...
United States First Circuit, 05/23/2011
US v. Stevens, No. 09-2024
Conviction and sentencing of defendant for failing to register under the Sex Offender Registration and Notification Act are upheld where defendant's constructive notice of this duty to register constituted a sufficient basis for conviction. Read more... United States First Circuit, 05/25/2011
Crispin-Taveras v. Municipality of Carolina, No. 09-2625, 09-2626
In a civil rights action against defendants arising from the arrest and detention of plaintiff during a baseball game, judgment of the district court and order defaulting defendants for discovery violations are affirmed over defendants' challenges on the grounds of: 1) improper default sanction; 2) admission of psychological treatment evidence; 3) jury instructions; and 4) sufficiency of service of process. Read more... United States First Circuit, 05/26/2011
US v. Bryant, No. 09-2500
In a dispute involving the defendant's right-to-be-present during a resentencing hearing, judgment of the district court proceeding without the defendant is reversed where a resentencing, assuming that the full range of ordinary sentencing issues is open, is treated essentially the same as an initial sentencing for purposes of the presence requirement. Read more... United States First Circuit, 05/27/2011
US v. McGregor, No. 09-2650
Conviction and sentencing of defendant for being a felon in possession of a firearm and ammunition are upheld where district court's denial of defendant's motion to suppress evidence taken from a warrantless car search was not erroneous. Read more... United States Second Circuit, 05/26/2011
United States v. Figueroa, No. 10-2050
Sentencing of defendant on multiple charges of possession with intent to distribute a mixture of 3, 4-Methylenedioxymethamphetamine (MDMA) is vacated where there is insufficient evidence in the record to conclude, pursuant to USSG section 2D1.1, that the appropriate substitute for the mixture contained in the pills found in defendants’ possession is MDMA. Read more... United States Second Circuit, 05/27/2011
Freire v. Holder, No. 09-0329
In a petition for review of a judgment of the BIA denying petitioner's request for a continuance while petitioner, a native and citizen of Brazil, sought adjustment of his status before the USCIS, petition is granted where denial of request on the basis that the BIA lacked the authority to grant the continuance constitutes legal error. Read more... United States Third Circuit, 05/26/2011
Malleus v. George, No. 10-3539
In a Section 1983 dispute alleging that the public disclosure of a report containing the outcome of a public school's investigations, and which plaintiff believed was confidential, violated plaintiff's privacy rights, judgment of the district court dismissing action is affirmed where there is no Fourteenth Amendment right to privacy in the type of information contained in the report. Read more... United States Fourth Circuit, 05/24/2011
Salem v. Holder, No. 10-1078
In a petition for review of a judgment of the BIA affirming an administrative order of removal under INA section 237(a)(2)(A)(ii), order of the BIA is affirmed where petitioner, a stateless Palestinian with a lengthy career criminal record, failed to satisfy his statutorily prescribed burden of demonstrating eligibility for cancellation of removal. Read more... United States Fourth Circuit, 05/24/2011
Johnson v. Whitehead, No. 10-1488
In a petition for review of a judgment of the BIA affirming an administrative order of removal, petition is denied where petitioner, a native and citizen of Jamaica, is not a citizen within the meaning of 8 U.S.C. section 1432(a)(3). Read more... United States Fourth Circuit, 05/26/2011
US v. Broncheau, No. 10-7622
In consolidated appeals arising from several civil commitment hearings and involving the scope of the Adam Walsh Child Protection and Safety Act of 2006, 18 U.S.C. section 4248, judgment of the district court dismissing proceedings is reversed where the court erred in holding that the proceedings had not been properly instituted because, with respect to prisoners whose sentences include a term of supervised release, section 4241 of Title 18, rather than section 4248, is the proper way to initiate civil commitment proceedings under the Adam Walsh Act. Read more... United States Ninth Circuit, 05/23/2011
US v. Lettiere, No. 10-30101
Conviction and sentencing of defendant for robbery, 18 U.S.C. section 1951(a), and the use of a firearm during a crime of violence, 18 U.S.C. section 924(c)(1)(A), are affirmed where the district court properly instructed jury on the definition of brandish. Read more... United States Ninth Circuit, 05/23/2011
U S v. Diaz-Ramirez, No. 10-10231
In a dispute involving whether the taking of guilty pleas at a large group hearing violated the Fifth Amendment right to due process, judgment of the district court is affirmed where ample evidence supports finding by court that defendants, natives and citizens of Mexico, voluntarily and understandingly pled guilty, as required by Boykin, to illegally entering the United States in violation of 8 U.S.C. section 1325. Read more... United States Ninth Circuit, 05/23/2011
Williams v. Cavazos, No. 07-56127
In a petition for habeas relief from the sentencing of petitioner to life imprisonment without the possibility of parole, judgment of the district court denying petition is reversed where trial court's intrusion into jury deliberations and the subsequent dismissal of a hold out juror violated petitioner’s Sixth Amendment rights. Read more... United States Ninth Circuit, 05/26/2011
Haney v. Adams, No. 09-16148
In a petition for habeas relief, judgment of the district court denying petition is affirmed where a petitioner may not raise a Batson claim in his habeas petition if the petitioner failed to object to the prosecution’s use of peremptory challenges at trial. Read more... United States Ninth Circuit, 05/26/2011
US v. Ellis, No. 09-50652
Conviction and sentencing of defendant on seven counts of bank robbery are affirmed where: 1) the government did not breach a plea agreement; 2) upward departures under U.S.S.G. section 4A1.3 is, applying the reasoning in US v. Mohamed, reviewed for substantive reasonableness, not for procedural error; and 3) district court’s sentence was substantively reasonable and any procedural error was harmless. Read more... California Court of Appeal, 05/23/2011
In re Nguyen, No. G043844
In a dispute arising from the Governor's reversal of a decision by the Board of Parole Hearings finding petitioner suitable for parole, judgment of the trial court granting habeas relief is affirmed where the absence of a psychological evaluation does not amount to some evidence that petitioner currently poses an unreasonable threat to the public if released from prison. Read more... California Court of Appeal, 05/24/2011
People v. Edward, No. E049845
Sentencing of defendant on drug-related charges is vacated where trial court improperly imposed enhancements more than once pursuant to Health and Safety Code section 11370.2 and Penal Code section 667.5. Read more... California Court of Appeal, 05/24/2011
People v. Roberts, No. H035158
Sentencing of defendant on three counts of felony is reversed where the trial court erred in admitting a prior felony conviction of second degree assault from the State of Washington for purposes of imposing an enhanced punishment, and where previous, unsworn statements of defendant, his attorney, and the victim after trial court had accepted defendant's guilty plea were also inadmissible to prove a strike. Read more... California Court of Appeal, 05/25/2011
People v. Eckard, No. B224292
Conviction and sentencing of defendant for indecent exposure with an enhanced sentencing for a prior indecent exposure conviction, Penal Code section 314, is upheld with sentencing modified where an out-of-state indecent exposure conviction that would have been a misdemeanor indecent exposure if committed in California does not trigger the felony sentencing provision of section 314. Read more... California Court of Appeal, 05/26/2011
People v. Holmberg, No. H035523
Conviction and sentencing of defendant on charges relating to receipt of stolen property are affirmed as modified because restitution to victim resulting from third-party's burglary was properly awarded, and where only a one $20 item on the restitution award list is not supported by substantial evidence. Read more... California Court of Appeal, 05/26/2011
In re Daniel C., No. A129408
In a dispute arising from the declaration of appellant as a ward of the juvenile court based on findings that he had committed a robbery with a gang enhancement, judgment of the trial court is affirmed in part and reversed in part where gang enhancement is not supported by substantial evidence that appellant committed his crime with the specific intent to promote, further, or assist in criminal conduct by gang members. Read more...
 FindLaw includes summaries of all Supreme and Appellate Court slip opinions posted on the official Illinois Courts site. FindLaw summaries include opinions that have not yet been released for publication and may be subject to modification, correction or withdrawal. Check the Illinois Courts site to determine if a specific opinion has been released before relying on that case as precedent.
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 |
|
No comments:
Post a Comment