Lately, there seems to be no limit to the powers that the F.B.I. wants - or abuses. This past week, the House Committee on Government Reform released a 144-page Report entitled “Everything Secret Degenerates: The FBI’s Use of Murderers as Informants,” in which it called the FBI’s informant policy “one ...
The defendant in this case, Garth Kloehn, was tried in Los Angeles for tax fraud on charges of failing to report $1.2 million in income. Kloehn was the sole defense witness in his case; and, immediately after testifying, he left the courtroom to catch a flight to Las Vegas to ...
In a murder prosecution, the denial of petitioner's habeas petition is affirmed where the trial court conducted a thorough hearing, assessing the credibility of the potential witnesses first-hand, in denying petitioner's ineffective assistance claim, and petitioner did not rebut those findings by clear and convincing evidence.
[Editor's Note: For a ...
Here, on a Government motion for a rehearing, the Ninth Circuit amended and significantly diluted its previous en banc decision in which it had established a set of sweeping protocols to limit the scope of electronic searches.
In this highly publicized case dealing with the use of steroids by Major ...
This is the first decision we have seen interpreting the Fair Sentencing Act of 2010 (“FSA”), which was passed by Congress on July 28, 2010 and enacted into law on Aug. 3, 2010. [For an excellent analysis of the FSA, see the special section posted on FAMM’s website at http://www.famm.org/FederalSentencing/USCongress/BillsinCongress/TheFairSentencingActof2010.aspx ...
While this is not a criminal case, it is noted for its timely and comprehensive review of a topic affecting many illegal immigrants throughout the country - namely attempts by state and local governments to enforce the Federal immigration laws.
In this case, the City of Hazleton, PA (“Hazleton”) appealed ...
Back in 2007, five individuals, all foreign nationals, sued Jeppesen Dataplan, a Boeing subsidiary, under the Alien Tort Statute, 28 U.S.C. § 1350, alleging various claims arising out of Jeppesen’s participation in the CIA’s extraordinary rendition program. The Complaint (which is chilling to read) charged that Jeppesen knowingly participated in ...
This is an interesting decision in which the Court held that a requirement in the State of Pennsylvania that sex offenders must admit their guilt in order to qualify for parole does not violate the First Amendment or the Due Process or Ex Post Facto Clauses of the Constitution.
The ...
In the state's appeal from a district court's order granting a writ of habeas corpus to petitioner on the ground of ineffective assistance of state appellate counsel, and ordering a new trial, the order is affirmed where appellate counsel's failure to raise petitioner's mistrial claim was not a sound strategic ...
U.S. v. Yancey, 621 F.3d 681 (7th Cir. Sept. 3, 2010) (Per Curiam)
U.S. v. Seay, 620 F.3d 919 (8th Cir. Sept. 8, 2010) (Judge Shepherd)
As these two decision show, in the aftermath of the Supreme Court’s landmark Second Amendment decisions in District of Columbia v. Heller, 554 U.S. ...
U.S. v. Yancey, 621 F.3d 681 (7th Cir. Sept. 3, 2010) (Per Curiam)
U.S. v. Seay, 620 F.3d 919 (8th Cir. Sept. 8, 2010) (Judge Shepherd)
As these two decision show, in the aftermath of the Supreme Court’s landmark Second Amendment decisions in District of Columbia v. Heller, 554 U.S. ...
