Defendant, who was on trial for capital murder, challenged a juror for cause, arguing that the juror was not able to fairly consider certain kinds of mitigating evidence and impartially weigh expert testimony from psychiatrists or psychologists.

Although the juror expressed moderate and balanced views on the death penalty, he ...

Here the Court held that the admission of evidence of the defendant’s prior arrest for drug dealing was clearly erroneous, and because the Court could not say that the error did not substantially influence the jury’s decision, the defendant’s drug conviction was reversed. The Court labeled as “preposterous” the Government’s ...

Here the Court held that a probationer who provides incriminating information to his probation officer, pursuant to a probation condition that requires him to answer all inquiries truthfully, is compelled to give incriminating evidence within the meaning of the Fifth Amendment and that information may not thereafter be used against ...

The specific issue before the Court in this case was whether a state conviction for being a minor in possession of alcohol is "countable" under § 4A1.2(c) of the Guidelines for purposes of calculating a federal defendant's criminal history score. That question required the Court to adopt for the first ...

U.S. v. Arnold, 410 F.3d 895 (6th Cir. 06/21/05) (Judge Carman)
U.S. v. Brun, 416 F.3d 703 (8th Cir. 08/01/05) (Judge Heaney)

In Crawford v. Washington, 541 U.S. 36 (2004), the Supreme Court held that the Confrontation Clause bars the admission of testimonial hearsay unless the declarant is unavailable and ...

In this case the Sixth Circuit emphatically held that "restitution is not subject to Booker analysis because the statutes authorizing restitution, unlike ordinary penalty statutes, do not provide a determinate statutory maximum." In its detailed analysis of that restitution issue, the Court stated:

"It is true that under Sixth Circuit ...

Petitioner inmate filed a motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence of 22 years in prison following his pleading guilty to violating 18 U.S.C. § 1952B(b)(1), (2).

The inmate, along with his co-defendants, pleaded guilty to conspiring to assault and beat the victim ...

U.S. v. Arnold, 410 F.3d 895 (6th Cir. 06/21/05) (Judge Carman)
U.S. v. Brun, 416 F.3d 703 (8th Cir. 08/01/05) (Judge Heaney)

In Crawford v. Washington, 541 U.S. 36 (2004), the Supreme Court held that the Confrontation Clause bars the admission of testimonial hearsay unless the declarant is unavailable and ...

In 1992, defendant pleaded guilty and was sentenced to 22 years' imprisonment for his role in a murder. After concluding that defendant had been denied due process when the U.S. violated its constitutional duty to disclose important exculpatory evidence to the defense before trial, the court, pursuant to 28 U.S.C. ...

The defendant, Samuel Alexander,was first arrested and charged by state officials for drug and weapon possession; but those charges were later dropped in favor of a Federal prosecution because it carried higher penalties. The Federal charges resulted in a three count indictment: carrying a firearm during a drug trafficking offense ...

Defendant-appellee employee of a company that allegedly recruited illegal aliens to work in the United States was indicted for interfering with the government's investigation, and was charged with, inter alia, destruction or removal of property to prevent seizure in violation of 18 U.S.C.S. § 2232(a). The United States District Court ...

In defendant's capital case, the parties were in the midst of voir dire. Each potential juror was required to fill out an extensive questionnaire, including standard voir dire questions and questions about personal history, knowledge of the case, and death penalty opinions. Each juror was then questioned individually by the ...

It always amuses us how badly the Second Circuit underestimates the tenacity and the depth of conviction of Judge Jack Weinstein, perhaps the most legendary figure in the American judicial system today. In the instant case, the Second Circuit seemed to be a bit queasy about approving a downward departure ...

As set forth in Guideline Amendment 526, § 120004 of the Violent Crime and Law Enforcement Act of 1994 directed the Sentencing Commission “to provide for an appropriate enhancement for any felony that involves or is intended to promote international terrorism.” In partial response to that directive, the Sentencing Commission ...