See subsequent reversal by the Supreme Court at Dretke v. Haley, No. 02-1824 (May 3, 2004).

Here the Court soundly rejected, as “patently without merit,” the Government’s defense of immunity in this Federal Tort Claims suit for damages, stating that its attempt to use an obscure statutory exemption was "so off the mark as to be embarrassing".

In a decision that seethes with discontent at the ...

Defendants Thomas Fields and Bernard Johnson were convicted of a number of offenses including a narcotics conspiracy and a RICO conspiracy. The RICO conspiracy included, among other acts, narcotics conspiracy, attempted murder, and armed kidnapping. They were then sentenced after the trial court found the amount of drugs involved in ...

Here the Court held that, although the use of defendant’s dark-skinned photograph juxtaposed with markedly lighter faces resulted in an unduly suggestive identification procedure, there was no need to suppress the photo array identification and any in-court identification of his based on the photo array because there was a sufficient ...

Here the Court held that held that a state trial judge’s refusal to question jurors about the impacts of discussions of the case that occurred in the jury assembly room violated the defendant’s rights to an impartial jury and to due process.

In 1984, the petitioner in this case, Theodore ...

In 1959, then Attorney General Rogers promulgated a Department of Justice policy under which United States Attorneys were forbidden - at least in theory - from prosecuting any person for allegedly criminal behavior if the alleged criminality was an ingredient of a pervious state prosecution against that person. An exception ...

U.S. v. Greene, 249 F.Supp.2d 262 (S.D.N.Y. 2003) (Judge Scheindlin)
U.S. v. Colp, 249 F.Supp.2d 740 (E.D.Va. 2003) (Judge Lee)

Both of these cases involved significant downward departures that resulted in sentences of probation rather than imprisonment for tax crimes. We note, for the record, that both cases were decided ...

The defendant in this case sought to suppress all post-arrest statements he made on the grounds that such statements resulted from custodial interrogation in coercive circumstances and/ or were obtained in violation of his constitutional and Miranda rights.

The defendant was allegedly a passenger in a vehicle which rolled over ...

District court erred in limiting cross-examination of a crucial government witness about his mental illness and memory impairment, as evidence was relevant to the witness's ability to recall and recount events that had occurred more than a year before his testimony.

The Government appealed an order of the United States District Court for the Middle District of Louisiana, which granted defendant's motion to suppress.

The Government argued that the items found in a bedroom were in plain view and seized as a part of a valid protective sweep. The court concluded ...

U.S. v. Greene, 249 F.Supp.2d 262 (S.D.N.Y. 2003) (Judge Scheindlin)
U.S. v. Colp, 249 F.Supp.2d 740 (E.D.Va. 2003) (Judge Lee)

Both of these cases involved significant downward departures that resulted in sentences of probation rather than imprisonment for tax crimes. We note, for the record, that both cases were decided ...