Here the Court granted the defendant's motion to quash a grand jury subpoena, seeking testimony from his former counsel, where the government did not make the prima facie showing necessary to establish the crime-fraud exception.

Defendant's motion to quash a grand jury subpoena, seeking testimony from his former counsel, is ...

The defendant in this case was convicted at trial of aggravated bank robbery and brandishing a firearm during a crime of violence; and he appealed from several rulings of the district court admitting evidence against him. Two of the rulings related to out-of-court identifications; and one denied the defendant’s motion ...

U.S. v. Herrera, 412 F.3d 577 (5th Cir. 06/10/05) (Judge Prado)
U.S. v. Davis, 410 F.3d 1122 (9th Cir. 06/09/05) (Judge Breyer)

Both of these cases consider an important and frequently recurring question: can a criminal defendant obtain relief from the courts on the ground that his defense attorney gave ...

Petitioner, a federal prisoner who was on supervised release, sought review of a judgment from the United States District Court for the District of Oregon denying his 28 U.S.C.S. § 2241 petition for a writ of habeas corpus, which challenged the Bureau of Prisons' (BOP) interpretation of the maximum good ...

Here the Court held that a defendant may demonstrate a “fair and just reason” for withdrawing his guilty plea under Rule 11(d)(2)(B) by showing that his attorney’s “gross mischaracterization” of his likely sentence motivated his decision to plead guilty.

U.S. v. Herrera, 412 F.3d 577 (5th Cir. 06/10/05) (Judge Prado) ...

The defendant in this case was convicted after a jury trial of five counts of illegal removal and disposal of asbestos at a construction site; and he was sentenced to a year and a day in prison, followed by a three-year term of supervised release and ordered to pay a ...

Here the Court refused to grant any relief based on the prosecution's repeated use of the word “terrorist” to describe the defendants and their actions at trial - even though the defendants were not charged with any crimes so labeled.

The two defendants in this case, Leo Felton and Erica ...