Here the Court vacated a conviction on the grounds that the defendant had improperly been denied an evidentiary hearing on this issue of whether a Texas conviction, used to justify the death penalty, had violated his Miranda rights.
Goodwin v. Johnson, 132 F. 3d 162 (5th Cir. 1998) (Judge King) ...
The decision in this case is bound to have two dramatic results: it will encourage a raft of new lawsuits; and it will shock a lot of attorneys. Essentially, on a direct appeal (where claims of ineffective assistance of counsel are normally not heard), the defendant claimed that her counsel ...
QUOTE OF THE WEEK - The dim, distant and dismal world of prison life.
"Prisoners are persons whom most of us would rather not think about. Banished from
everyday sight, they exist in a shadow world that only dimly enters our awareness. They
are members of a 'total institution' that ...
Wright v. Coughlin, 132 F.3d 133 (2nd Cir. 1998) (Judge Walker)
Shepherd v. Ault, 982 F.Supp. 643 (N.D.Iowa 1997) (Judge Bennett)
McDuffie v. Hopper, 982 F.Supp. 817 (M.D.Ala. 1997) (Judge Albritton)
These three prison-lawsuit cases take place in different settings and they cover different topics - but they
have two ...
Court held that "attempted unauthorized entry" under Louisiana law may be treated as a "crime of violence" under the career offender provisions of the Guidelines.
The defendant in this case was convicted of concealing assets and making false statements in connection with his bankruptcy petition. His sole defense at trial was that he did not possess the requisite criminal intent for conviction, claiming that the omissions on his petition were the product of ignorance and ...
This case gives a new dimension to the DEA’s interpretation of a proper “seizure” under the Fourth
Amendment. To it, the permissible scope of seizures includes “heart seizures.”
A doctor was charged with Medicaid fraud and with unlawfully prescribing, dispensing and administering
controlled substances in violation of 18 U.S.C. § ...
Case held that a restaurant had a "substantial effect on interstate commerce" for purposes of the Federal arson statute.
Here the Court found that the Government's Brady rule violations entitled the defendant to habeas relief and emphasized the special considerations that apply when the Government uses witnessess who have been granted immunity.
The Court concluded that: "The need for disclosure is particularly acute where the government presents witnesses who ...
This case gives a new dimension to the DEA’s interpretation of a proper “seizure” under the Fourth
Amendment. To it, the permissible scope of seizures includes “heart seizures.”
A doctor was charged with Medicaid fraud and with unlawfully prescribing, dispensing and administering
controlled substances in violation of 18 U.S.C. § ...
Here the Court denied a declaratory judgment action to plaintiffs who were seeking to determine whether possession of certain types of guns would violate the law, essentially holding that they had no standing to bring the action.
In this case, several plaintiffs claimed to be inhibited from possessing firearms because ...
This habeas case involved a highly publicized murder case in which a father was accused of drowning
his four children by driving them into the Detroit River. His defense was that it was a tragic accident
caused by a leg cramp and an engine throttle that became stuck. After his ...
Here the Court vacated a conviction on the grounds that the defendant had improperly been denied an evidentiary hearing on this issue of whether a Texas conviction, used to justify the death penalty, had violated his Miranda rights.
Goodwin v. Johnson, 132 F. 3d 162 (5th Cir. 1998) (Judge King) ...
Here the Ninth Circuit denied police officials the defense of qualified immunity because they had, for a long time, followed a policy of abusing the rights of motorists who sought to exercise their rights to an immediate hearing.
The theme of qualified immunity is seen from another aspect in this ...
The decision in this case is bound to have two dramatic results: it will encourage a raft of new lawsuits; and it will shock a lot of attorneys. Essentially, on a direct appeal (where claims of ineffective assistance of counsel are normally not heard), the defendant claimed that her counsel ...
Famous quote from Justice Brennan in which he vividly described the "netherworld" of prison life where people live in conditions totally controlled by governmental power.
QUOTE OF THE WEEK - The dim, distant and dismal world of prison life.
"Prisoners are persons whom most of us would rather not think ...
Goodwin v. Johnson, 132 F. 3d 162 (5th Cir. 1998) (Judge King)
U. S. v. Melendez Garcia, 982 F.Supp. 112 (D.Puerto Rico 1997) (Judge Dominguez)
Each of these cases explores some aspect of the Miranda rule, which guarantees an accused the right
to have counsel present during custodial interrogations. (See, ...
The Court rejected the defendant's burden of proof argument by noting that "The Three Strikes law operates as a sentence enhancement device, in a manner very much like the persistent felony offender statute the Supreme Court considered in Parke v. Raley, 506 U.S. 20 (1992), or even the relevant conduct ...
Here the Court held that the defendant was not entitled to habeas relief on a freestanding claim of actual innocence since that rquires an "extraordinarily high" threshhold of evidence.
This is another one of those perpetual appeals in a capital case of a murder conviction that was obtained
in 1978 ...
This is another one of those cases in which the Court agreed that the Government had repudiated one of the provisions contained in the plea agreement; and yet it’s toothless remedy was to grant the defendant nothing more than a Pyrrhic victory.
In this case, the plea agreement stated: “The ...
QUOTE OF THE WEEK - The dim, distant and dismal world of prison life.
"Prisoners are persons whom most of us would rather not think about. Banished from everyday sight, they exist in a shadow world that only dimly enters our awareness. They are members of a 'total institution' that ...
Goodwin v. Johnson, 132 F. 3d 162 (5th Cir. 1998) (Judge King)
U. S. v. Melendez Garcia, 982 F.Supp. 112 (D.Puerto Rico 1997) (Judge Dominguez)
Each of these cases explores some aspect of the Miranda rule, which guarantees an accused the right to have counsel present during custodial interrogations. (See, ...
Wright v. Coughlin, 132 F.3d 133 (2nd Cir. 1998) (Judge Walker)
Shepherd v. Ault, 982 F.Supp. 643 (N.D.Iowa 1997) (Judge Bennett)
McDuffie v. Hopper, 982 F.Supp. 817 (M.D.Ala. 1997) (Judge Albritton)
These three prison-lawsuit cases take place in different settings and they cover different topics - but they
have two ...
Wright v. Coughlin, 132 F.3d 133 (2nd Cir. 1998) (Judge Walker)
Shepherd v. Ault, 982 F.Supp. 643 (N.D.Iowa 1997) (Judge Bennett)
McDuffie v. Hopper, 982 F.Supp. 817 (M.D.Ala. 1997) (Judge Albritton)
These three prison-lawsuit cases take place in different settings and they cover different topics - but they
have two ...
This case deals with the notification provisions of U.S.S.G. § 2J1.7, which requires the sentencing court to give the defendant “sufficient notice” before the court may enhance the defendant’s sentence for a crime committed while the defendant was on release, in violation of 18 U.S.C. § 3147. After noting that ...
This is another one of those cases in which the Court agreed that the Government had repudiated one of the provisions contained in the plea agreement; and yet it’s toothless remedy was to grant the defendant nothing more than a Pyrrhic victory.
In this case, the plea agreement stated: “The ...
Court rejected a broad array of constitutional challenges to the Federal Death Penalty Act.
