Here the Court held that when a petitioner asserts a claim of ineffective counsel for failing to assert a challenge to the sufficiency of evidence, but procedurally defaults on both claims, he must show cause and prejudice on both claims.

Here the Supreme Court faced another esoteric issue: how to ...

Here the Court held that the defendant was properly convicted of using or possessing a firearm in connection with a drug crime under 18 USC § 924(c) even though his actual use in shooting a rival gang member was not drug related.

In this case the defendant was originally arrested ...

United States v. Colvin, 204 F.3d 1221 (9th Cir. 2000) (Judge Hawkins)
United States v. Ruiz-Alvarez, 211 F.3d 1181 (9th Cir. 2000) (Judge Silverman)

In both of these cases the Ninth Circuit grappled with the issue of when a sentence is actually “final” - a concept that has many permutations. ...

Each year, the current Supreme Court denies certiorari in literally thousands of cases that raise weighty issues on which the Circuits are seriously divided, and chooses instead to rule on a limited number of highly technical and fact-specific cases that have limited application. This is one of those cases. The ...

In this case the Court revisited its broad holding in Zecevic v. U.S. Parole Commission, 163 F.3d 731 (2nd Cir. 1998), P&J, 1/18/99, where it adopted the minority view among the Circuits in holding that a defendant may be entitled to a sentence reduction if his criminal act constituted a ...

United States v. Colvin, 204 F.3d 1221 (9th Cir. 2000) (Judge Hawkins)
United States v. Ruiz-Alvarez, No. 96-17272 (9th Cir. 4/25/00) (Judge Silverman)

In both of these cases the Ninth Circuit grappled with the issue of when a sentence is actually “final” - a concept that has many permutations.

In ...

In this case, the defendant failed to object at sentencing when the district court refused to grant him a downward departure for substantial assistance (under U.S.S.G. § 5K1.1) based on assistance provided by the defendant relating to a non-federal offense. Citing U.S. v. Foster, 988 F.2d 206, 209 (D.C.Cir. 1993), ...

This case, decided on the same day as Gregg v. Georgia, affirmed that the death penalty, per se, does not violate the cruel and unusual punishment clause of the Constitution and that the defendant may present virtually any mitigating evidence to the jury.

In this case, which was decided on ...

Splitting into unusual ideological camps, a divided Supreme Court took an expansive view of the Constitution’s bar against retroactive legislation, overturning a conviction of a Texas man accused of sexually assaulting his stepdaughter on the grounds that a change in State law had made it easier for the prosecution to ...