Defendant was convicted on five counts of conspiracy murder and five counts of continuing criminal enterprise (CCE) murder in violation of 21 U.S.C.S. § 848(e)(1)(A). For the first time in more than 40 years, an Iowa jury recommended the death sentence. On numerous grounds, defendant moved for judgment of acquittal ...
Plaintiff inmate sued defendant prison officials under 42 U.S.C.S. § 1983, claiming that his designation as the leader of a Security Threat Group (STG) without a hearing violated his constitutional rights. The United States District Court for the Western District of Michigan at Marquette granted one officer's motion for summary ...
A Federal prosecutor did not violate the defendant’s due process rights by charging him with Federal charges that carried a more onerous penalty after he rejected a plea agreement offered by the state that called for lesser penalties.
Spence Gray was initially arrested by police officers from Detroit and charged ...
In a prosecution for child sexual abuse, statements that the alleged victims made to a psychotherapist and a social worker who interviewed the alleged victims were admissible under the hearsay exception contained in Rule 803(4) of the Fed.R.Evid.
Here, as a matter of first impression, the Court held that, in ...
Judge Eisele of the E.D.Ark. once observed: "Whatever post-conviction due process problems existed before [the Guidelines], they pale in insignificance in comparison with the due process problems that the Guidelines create. Under the Guidelines, a guilty verdict or plea of guilty purports to give the authorities the green light to ...
After a detailed review of the interplay between several statutes relating to the payment of restitution (including the complex provisions of the Federal Debt Collection Procedures Act of 1990 ( 28 U.S.C. §§ 3001-3308)), the Ninth Circuit held that a federal district court may garnish the wages of a criminal ...
After defendant's convictions (reported at 344 F.3d 1076) for conspiring and attempting to defraud a health care benefit program had been vacated by a panel of the court, the United States District Court for the Northern District of Alabama denied defendant's motion to dismiss the first two counts of his ...
Wendell Smith was charged with possession of a weapon by a convicted felon; and he was tried in the U.S. District Courthouse in Rochester, NY. The U.S. Marshals Service, In response to the 9/11 terrorist attacks and in coordination with the Department of Homeland Security, required all visitors to the ...
In a brilliant decision by Judge Reinhardt, the Ninth Circuit has issued a comprehensive review of the law on involuntary medicating incompetent defendants pretrial. The case involved the forced medication of an alien charged with illegal entry. After he was initially found incompetent to stand trial, he was committed to ...
