Case discusses the "fundamental miscarriage of justice" exception to the normal rule that requires petitioners to show "cause" and "prejudice" on habeas appeals.

Back in 1992, Judge Korman ruled, in U.S. v. Restrepo, 802 F.Supp 781 (E.D.N.Y. 1992), that due to the harsh collateral consequences and the more severe disabilities that an alien faced in Federal criminal proceedings compared with an American citizen in similar circumstances, a moderate sentence reduction was warranted under ...

United States v. McBroom, 124 F.3d 533 (3rd Cir. 1997) (Judge Mansmann)
United States v. Morin, 124 F.3d 649 (4th Cir. 1997) (Judge Ervin)

Both of these cases discuss, in unusual detail, sentencing departures based on a claim that the defendant suffered from a significantly reduced mental capacity at the ...

Richter v. Bartee, 973 F.Supp. 1118 (D.Neb. 1997) (Judge Kopf)
Mobley v. United States, 974 F.Supp. 553 (E.D.Va. 1997) (Judge Ellis)

These cases examine two of the most frequently litigated (and yet still amorphous) issues that govern the outcome of many habeas corpus appeals. The Mobley case examines the "cause ...

Triestman v. United States, 124 F.3d 361(2nd Cir. 1997) (Judge Calabresi)
Young v. United States, 124 F.3d 794 (7th Cir. 1997) (Judge Easterbrook)

By now it is clear that politics played a major role in the quick and barely-discussed passage of the Antiterrorism and Effective Death Penalty Act of 1996 ...

Case noted that while the granting of immunity is an executive, not a judicial function, there is an exception if the witness's testimony would have been relevant and the prosecution's denial of immunity would distort the fact-finding process. (Id., at 1116) - citing U.S. v. Lord, 711 F.2d 887 (9th ...

Case holds that constitutional considerations may require granting of relief to a petitioner under 28 U.S.C. 2241 if second or successive appeal is barred under 28 U.S.C. 2255.

If second or successive appeal is barred under § 2255, constitutional considerations may still permit an appeal under § 2241.

Here the court held that, after death of attorney, the attorney-privilege may not always be available in criminal proceedings; and it reviewed in detail the purposes and origins of the privilege.

This case arose out of a grand jury investigation into the firing of White House travel office employees; and ...

United States v. Vozzella, 124 F.3d 389 (2nd Cir. 1997) (Judge Winter)
Clemmons v. Delo, 124 F.3d 944 (8th Cir. 1997) (Judge Arnold)

In this rare double header, convictions from two Circuits were vacated due to prosecutorial misconduct involving violations of the Brady Rule's disclosure obligations. (See, Brady v. Maryland, ...

One of the companion provisions of the AEDPA is the provision contained in 28 U.S.C. § 2253(c) which provides that an appeal from a denial by the district court of a § 2255 motion may not be taken "unless a circuit justice or judge issues a certificate of appealability." The ...

Famous quite from Justice Douglas in which he described our society as one in which the Government may intrude into the secret regions of a man's life at will - pitting father against son to accomplish goal of ferreting out crime.

QUOTE OF THE WEEK -

"[W]hen viewed as a ...

Case held that police not entitled to defense of qualified immunity for conduct that shocks the conscience of the Court - here the seizing and interrogation of an 11-year old girl to determine if her parents used drugs.

This gem of a case started when a school "guidance" counselor pulled ...

Denial of sentence reduction based on diminished capacity because underlying crime was not non-violent.

Here the Court held that although the underlying forfeiture of the defendant's vessel was void because of inadequate notice of forfeiture, and the statute of limitations had passed the defendant's motion under Rule 41(e) should be heard on the merits.

While the Ninth Circuit subsequently affirmed the determination that the ...

This multi-issue appeal arose from a conviction of two women for conspiring to murder a United States Attorney; and because of the nature of that crime the outcome of this appeal was foreordained. One issue of note, however, was the Government's use of "conditional" plea and immunity agreements that it ...

This case arose out of a grand jury investigation into the firing of White House travel office employees; and it involved the enforcement of grand jury subpoenas for notes of a conversation between a now- deceased White House official and his private attorney. The technical issue in this was whether ...

Case held that an incorrect understanding of "use" of gun does not constitute proper grounds for second or successive collateral appeal.

Triestman v. United States, 124 F.3d 361(2nd Cir. 1997) (Judge Calabresi)
Young v. United States, 124 F.3d 794 (7th Cir. 1997) (Judge Easterbrook)

By now it is clear that ...

Case discussed Schlup's fundamental miscarriage of justice exception to requirement for showing "cause" and "prejudice".

Richter v. Bartee, 973 F.Supp. 1118 (D.Neb. 1997) (Judge Kopf)
Mobley v. United States, 974 F.Supp. 553 (E.D.Va. 1997) (Judge Ellis)

These cases examine two of the most frequently litigated (and yet still amorphous) issues ...

Here, the 7th Circuit joined the vast majority of courts in holding that the use of 18 U.S.C. § 3583(h) (which was enacted in 1994) to justify the imposition of a new term of supervised release follow, violated the Ex Post Facto Clause.

United States v. McBroom, 124 F.3d 533 (3rd Cir. 1997) (Judge Mansmann)
United States v. Morin, 124 F.3d 649 (4th Cir. 1997) (Judge Ervin)

Both of these cases discuss, in unusual detail, sentencing departures based on a claim that the defendant suffered from a significantly reduced mental capacity at the ...

United States v. Vozzella, 124 F.3d 389 (2nd Cir. 1997) (Judge Winter)
Clemmons v. Delo, 124 F.3d 944 (8th Cir. 1997) (Judge Arnold)

In this rare double header, convictions from two Circuits were vacated due to prosecutorial misconduct involving violations of the Brady Rule's disclosure obligations. (See, Brady v. Maryland, ...

Case upheld a sentence departure arising out of diminished capacity based on defects of cognition and defects of volition; but remanded to the district court to determine whether defendant was unable to control his behavior to conform it to the law.

United States v. McBroom, 124 F.3d 533 (3rd Cir. ...

Here the Fifth Circuit held that the Freedom of Access to Clinic Entrances Act (FACE) was a proper exercise of Congress's power under the Commerce Clause; but see Judge DeMoss' dissent.

In this case, the Fifth Circuit joins a growing number of Circuits that have ruled that the Freedom of ...

Richter v. Bartee, 973 F.Supp. 1118 (D.Neb. 1997) (Judge Kopf)
Mobley v. United States, 974 F.Supp. 553 (E.D.Va. 1997) (Judge Ellis)

These cases examine two of the most frequently litigated (and yet still amorphous) issues that govern the outcome of many habeas corpus appeals. The Mobley case examines the "cause ...

Conviction reversed because of prosecutorial misconduct arising from violation of Brady-type exculpatory evidence.

Bailey-type claim cannot be raised in second or successive petition; incorrect understanding of "use" of gun does not violate any rule of constitutional law.

Here the Court held that a juror's recollection, during trial, that he may have had prior business dealings with the defendant was an "extraneous influence" on the juror and the district court had a duty to investigate and hold a hearing.

The Court held that the district court abused its ...