This is another case that reviews the tightening noose on appeals in capital cases, particularly due to the provisions of the recent Antiterrorism and Effective Death Penalty Act (AEDPA). One of the provisions of the AEDPA is a section that permits States to "opt in" to certain expedited appeal procedures …
Here the Court limited its previous liberal rule that permitted courts to deduct amounts that a bank could easily recover by foreclosure, set-off, etc. to determine loss and explained the interaction between §§ 2B1.1 and 2F1.1.
This decision contains one of the most detailed, and complicated, analyses that we have …
In this case the Court held that the affidavit used to support the search warrant that was obtained was insufficient because of its broad use of boilerplate language that did not meet the requirements for particularization.
Here the affiant prepared an affidavit using preprinted boilerplate text with a few open …
It has been said that "all power corrupts, and absolute power corrupts absolutely." This somewhat sick case is a good example of that truth. In 1989, the appellants sold a parcel of real estate for some $55,000. Because appellant Aversa was involved in a divorce proceeding and wanted to conceal …
The Court observed: "The dual sovereignty concept may yield, however, if one sovereign effectively controlled the other, for example if "the state prosecution was a sham and a cover for a federal prosecution, and thereby in essential fact another federal prosecution." Barktus v. Illinois, 359 U.S. 121, 124 (1959). In …
This case is noted because it discusses a mode of impeachment of a witness - namely, the so-called "impeachment exception to the exclusionary rule" - that is not specifically treated in the Federal Rules of Evidence, but rather falls in the general category of impeachment by contradiction and is governed …
Among the many issues raised in this case was a Government appeal that the trial court had erred by failing to enhance the defendant's sentence for the use of "sophisticated means" under U.S.S.G. § 2T1.1(b)(2). The Court acknowledged that, while the conspiracy was complex, "[a] defendant involved in a complex …
It has been said that "all power corrupts, and absolute power corrupts absolutely." This somewhat sick case is a good example of that truth. In 1989, the appellants sold a parcel of real estate for some $55,000. Because appellant Aversa was involved in a divorce proceeding and wanted to conceal …
It has been said that "all power corrupts, and absolute power corrupts absolutely." This somewhat sick case is a good example of that truth. In 1989, the appellants sold a parcel of real estate for some $55,000. Because appellant Aversa was involved in a divorce proceeding and wanted to conceal …
Citing U.S. v. Galloway, 56 F.3d 1239, the court held that one exception to showing cause and prejudice involves ineffective counsel claims, which need not be raised on direct appeal.
Case held that a defendant who exercises his privilege not to testify at a second trial of his case is not entitled to introduce the testimony he gave at the first trial.
This is one of those rare Brady violation cases in which the Court vacated a conviction and ordered a new trial because the Government withheld material evidence that its key witness was engaged in ongoing criminal activities during the time that he was acting as a Government informant in this …
Court held that defendant must show actual prejudice before reversal for speedy trial errors based on continuances granted "in the interest of justice.".
In this decision, the Seventh Circuit reversed a lower court ruling that an anticipatory search warrant was constitutionally defective. Such warrants are issued in advance of some type of controlled delivery of contraband to the premises designated in the warrant; and, while they are not per se illegal, many courts …
One of the many issues raised in this tax case was whether the district court had erred by imposing a three level enhancement to the defendant's sentence for his role as a "manager" of the underlying tax conspiracy. The Court firmly held that the evidence need not show that the …
After earlier appeal in which the defendants' convictions for "using" a gun in connection with a drug trafficking offense were vacated, the Court ruled that there was sufficient evidence to support a conviction based on "carrying" the firearms.
If there were any doubt before now, this decision from the Ninth Circuit virtually eliminates any question about the authority of sentencing courts to modify a sentence previously imposed on counts that were not affected by an appeal, after the defendant has successfully challenged a sentence for a gun conviction …
Case approved a 300% upward departure based on pattern of violent anti-social behavior.
Here the Court upheld an indictment under the "defraud" clause of 18 USC § 371in a tax prosecution because the conduct undertaken by the defendant was broader than that encompassed solely by section 26 USC § 7206.
As we have frequently noted, the Government appears to be shying away from …
Although the Court strongly criticized the AUSA who prosecuted this case for disseminating false and mileading press stories about an ongoing prosecution it held that the prosecutor was immune to suits for damages.
It has been said that "all power corrupts, and absolute power corrupts absolutely." This somewhat sick case …
This is another case that reviews the tightening noose on appeals in capital cases, particularly due to the provisions of the recent Antiterrorism and Effective Death Penalty Act (AEDPA). One of the provisions of the AEDPA is a section that permits States to "opt in" to certain expedited appeal procedures …
This is one of those rare Brady violation cases in which the Court vacated a conviction and ordered a new trial because the Government withheld material evidence that its key witness was engaged in ongoing criminal activities during the time that he was acting as a Government informant in this …
QUOTE OF THE WEEK - The right to be left alone.
"The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man's spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, …
This case might appropriately be called "rubber-stamp justice - Tennessee style." A professional snitch, who probably needed some cash, dutifully reported to the police that he had reliably learned from a person he only knew as "Charlie" of a "possible" marijuana sales operation at defendant Weaver's home. Armed with that …
Case held that it was an abuse of discretion to impose a sentence for a term greater than the defendant's life expectancy.
Court held that district court improperly comunicated with jurors, violating defendant's dight to be present at all stages of his trial; but held error was harmless.
In this case, the Sixth Circuit joined with a minority of the Circuits in holding that convictions obtained after a defendant has committed a Federal firearms offense, but before the defendant is sentenced, do not count as "prior felony convictions" for purposes of the steep increase in offense level provided …
