For a summary of the holding in this case, see "Finding Mistrial Decision Premature, 2nd Circuit Bars Retrial of White-Collar Defendants," by Mark Hamblett, New York Law Journal, August 28, 2007, as follows:

"A federal judge's hair-trigger declaration of a mistrial without polling the jury means the government is now …

Here the Court held that, even though the prosecutor had unquestionably engaged in prosecutorial misconduct by incorrectly suggesting that a cooperating witness would get no less than a 10 year sentence for his own crime, the error was harmless.

To use the oft-quoted words of Judge Jerome Frank (below), this …

Here the Court affirmed a district court’s broad use a defendant’s “extraordinary good works” pursuant to U.S.S.G. § 5H1.11 as the justification for imposing a non-Guidelines sentence; although it then held that the size of the departure was unreasonable.

This decision is noted for its unusually broad endorsement of the …

In a case of first impression for the Tenth Circuit, the Court held that a general waiver of the right to appeal a “sentence” includes the right to challenge all aspects of a restitution award imposed as part of the sentence. In its ruling, the Court noted that a majority …

Appellant John Doe pled guilty in a Tennessee state court to various crimes including two counts of sexual battery. At the time of his conviction, Doe’s sexual battery offenses were termed by Tennessee law as “sexual offenses” and he was classified as a “sexual offender.” Under the then Tennessee, Doe …

For a summary of the holding in this case, see "Breach of Announce Rule Not Linked to Suppression - Circuit Finds Forced Entry No Basis for Exclusion," by Mark Hamblett, New York Law Journal, September 6, 2007, as follows:

"The exclusionary rule does not apply to a statute that empowers …

Defendants were among 13 defendants charged in a 25-count indictment with participating in a conspiracy to distribute methamphetamine obtained from various sources, both inside and outside Montana, and with related firearm offenses. On appeal, the first defendant challenge to his conviction and sentence by the United States District Court for …

Here the Court held that the plaintiff was barred, under the "state secrets" privilege, from using a top secret document that the FBI had inadvertently given to its counsel in order to establish that it had suffered some "injury" to sustain its standing.

The plaintiff in this case, a Muslim …

Here, joining with similar rulings from the Third and Ninth Circuits, the Eleventh Circuit held that, when the Government refuses to file a motion for a downward departure under U.S.S.G. § 5K1.1 in retribution for a defendant exercising his constitutional right to a jury trial, such a reason constitutes an …

Here the Court held that there are significant liberty interests at stake when a court orders a defendant to undergo forced medication (such as “chemical castration”) as a special condition of supervised release in sex offense cases.

Gordon Cope was arrested in September, 2003 by the San Bernardino Sheriff's Department, …