Justice - KGB style? One of the most disturbing features of the criminal justice system is that, far too often, to defeat a criminal charge, a defendant must fight not only the visible tactics of the prosecutors, but also the secret, behind-the-scenes machinations that the prosecutors use to gain an ...

In this case Judge Gertner described a forfeiture that came before her with these words: "Even in the byzantine world of forfeiture law, this case is an example of overreaching. The government's showing of probable cause is completely inadequate, based on a troubling mix of baseless generalizations, leaps of logic ...

Over three separate dissents, the Court reversed the district court's decision to dismiss the indictment, holding that the district court had used an improper legal standard in assessing the scope of the defendant's Fifth Amendment privilege.

In this case the defendant invoked his Fifth Amendment privilege against self-incrimination in response ...

This case is noted for the Sixth Circuit's ruling on the Government appeal from the district court's (Judge Jarvis) dismissal of a gun charge under 18 U.S.C. § 924(c) based on "outrageous government conduct" that violated due process. One of the counts charged that the defendant had "used" a firearm ...

In this case, one of the defendants from the judgment of the District Court, denying his motion to dismiss this civil rights suit for damages based on absolute or qualified immunity.

Plaintiffs brought an action against defendant officer and other defendants alleging violation of their rights under 42 U.S.C.§§ 1981, ...

The defendant in this case was convicted of a conspiracy to make false statements to a federally licensed firearms dealer, in violation of the old reliable 18 U.S.C. § 371. Two years after that offense occurred, but before his Federal sentencing, the defendant pled guilty to a robbery in New ...

This case is noted for the Sixth Circuit's ruling on the Government appeal from the district court's (Judge Jarvis) dismissal of a gun charge under 18 U.S.C. § 924(c) based on "outrageous government conduct" that violated due process. One of the counts charged that the defendant had "used" a firearm ...

In 1993, the Sentencing Commission codified the "one book rule" by adopting, as a policy statement, U.S.S.G. § 1B1.11(b)(3), which provides that when a defendant is convicted of multiple offenses, some occurring before and some occurring after a revision of the Guidelines Manual, "the revised edition of the Guidelines Manual ...

In this case the Third Circuit vacated a five level enhancement under USSG § 5K2.3 for inflicting extreme psychological injury on the grounds that the district court did not determine that the injury was more serious than normal.

This case puts somewhat of a new twist on some of the ...

This decision must be read in conjunction with the Court's order dated January 8, 1999, reported at 164 F.3d 1210, which was reviewed in the February 22, 1999 issue of P&J where we wrote:

The Court’s Order in this case was only four sentences long. The Ninth Circuit summarily rejected ...

This case shows how two of the preeminent practical goals of the criminal justice system - "streamlining" appeals and collecting as much money as possible from ex-offenders - can lead to some odious results. In this case, nearly three years after he was sentenced, the defendant moved to invalidate his ...

Among other things, the Court suppressed the wiretap evidence obtained on the 31st day, holding that "thirty days" means thirty calendar days, not thirty 24-hour periods that may span over thirty-one calendar days,.

This decision is noted for its discussion of various issues relating to wiretap evidence, including probable cause, ...

Here Judge Gertner rejected a Government motion to permit it to use evidence of the defendant's prior rape conviction under Rule 609(a), on the grounds that its probative value was greatly overvalued and its prejudicial effect was clear.

This is a noteworthy decision on two separate issues that certainly would ...

The Court also held that even if the defendant had timely challenged venue, it would have rejected his argument because the Governmnet can bring a prosecution in any district where a conspiracy was begun, continued or completed.

Here the Court held that the defendant had waived any objection to venue ...

Here Judge Gertner held that the mere fact that an inmate signs consent forms acknowledging that the prison has the right to record phone conversations does not mean that the prison has complied with the requirements of Title III.

This is a noteworthy decision on two separate issues that certainly ...

The Court also held that even if the defendant had timely challenged venue, it would have rejected his argument because the Governmnet can bring a prosecution in any district where a conspiracy was begun, continued or completed.

Here Judge Gertner rejected a Government motion to permit it to use evidence of the defendant's prior rape conviction under Rule 609(a), on the grounds that its probative value was greatly overvalued and its prejudicial effect was clear.

This is a noteworthy decision on two separate issues that certainly would ...

Here the Court reversed a conviction for possession of a firearm by a convicted felon because the Government failed to put into evidence a copy of the defendant's felony coၮviction which it claimed to have since it had the burden of proving that element.

The defendant/appellant in this case appealed, ...

Here the Ninth Circuit joined with the First, Fourth, Fifth and Tenth Circuits in holding that a defendant who successfully attacks a state conviction may seek Federal habeas relief of a Federal sentence that was enhanced by the state conviction.

This decision slightly modifies and supercedes the Court's previous decision ...