The Sixth Amendment’s Confrontation Clause provides that “in all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him.” In 1980, the Supreme Court interpreted that right to mean that it does not bar the admission of an unavailable witness’ statement ...

In 1986, the Supreme Court held, in Batson v. Kentucky, 476 U.S. 79 (1986), that purposeful racial discrimination in the selection of the venire violates a defendant's right to equal protection. To determine whether such purposeful discrimination existed, the Supreme Court established a three-step analysis that shifts the burden of ...

Along with other crimes, defendant was convicted in the United States District Court for the District of New Mexico for the use and carrying of a firearm during a crime of violence in violation of 18 U.S.C.S. § 924(c). The Government appealed, arguing a mandatory 10-year consecutive sentence for discharge ...

In this case the Court held that while persons pleading guilty to crimes have a constitutional right to assistance of counsel, the Sixth Amendment does not impose a duty on judges to warn them of the disadvantages of not seeking legal advice when they decide to waive the right to ...

The four defendants in this case pled guilty to engaging in a criminal conspiracy to violate § 10(b) of the Securities Exchange Act of 1934 (15 U.S.C. § 78j(b)) and S.E.C. Rule 10b-5 (17 C.F.R. § 240.10b-5)), arising out of their improper use of nonpublic information to make profits trading ...

This case is noted for Judge Acker’s caustic, often mocking, and certainly amusing attack on some of the absurdities of the modern day, politically inspired, approach to restitution and his reaffirmation that the MVRA fails all tests of constitutionality.

This case is noted for Judge Acker’s outspoken, acerbic and often ...