In this case the Ninth Circuit reviewed the Supreme Court’s decision in Williams v. Taylor, 120 S.Ct. 1495 (2000), and held that “clear error” analysis provides the appropriate analytical model for determining whether a state court decision represents an “unreasonable application” of federal law for purposes of the federal habeas ...

In a classic example of the blind eyes that the courts focus on prison complaints, the Court, in this case, held that a prisoner who spent the greater part of eight years in administrative segregation could not claim any due process violations sufficient to justify a claim for damages under ...

United States v. McGlory, 202 F.3d 664 (3rd Cir. 2000) (En Banc) (Judge Sloviter)
United States v. One Toshiba Color Television, 213 F.3d 147 (3rd Cir. 2000)( En Banc) (Judge Becker)

In these two related cases, the Third Circuit, sitting en banc, addressed the question of what kind of notice ...

Here the Seventh Circuit once again firmly rejected the use of any downward departures to correct a disparity in sentences between codefendants - even when, as here, the disparities were significant.

In this case two co-conspirators in the same drug ring were tried and sentenced in separate, albeit related, cases. ...

This is an instructive case dealing with motions to vacate, set aside or correct sentences pursuant to 28 U.S.C. § 2255. The two defendants in this case were convicted for their roles in a large heroin distribution ring in New York; and they received sentences of 324 months and 216 ...

In this case, the Government obtained a preliminary order of forfeiture against real property on the grounds that it was property derived from or used to facilitate the commission of a drug offense in violation of 21 U.S.C. § 846. The defendant objected and appealed to the Eleventh Circuit. The ...

This decision marks an important development in the evolution of the defense of prosecutorial immunity. Here the Second Circuit held that a prosecutor who conspires to fabricate evidence can be held liable for violating a defendant’s constitutional rights. Drawing a distinction between prosecutors’ roles as advocates and investigators, the Court ...

Here the Court established a four-prong test to determine the admissibility of other bad acts evidence under Fed.R.Evid. 404(b). First, proof of the other act must be directed towards establishing a matter in issue other than the defendant's propensity to commit like conduct. Second, the other act must be of ...

In this case, United States Customs Agents executed a warrant to search the premises of Music City Marketing ("Music City") for drug paraphernalia; seizing various merchandise that they believed qualified as such in the process. Music City filed a motion in the district court for the return of the seized ...

Here, over the strong dissent of Judge Wiener, a majority of the panel held that under the totality of the circumstances the border patrol agents on roving patrol had reasonable suspicion to stop some Mexicans driving some 24 miles north of the border.

The essence of the majority's ruling was ...

This is one of those depressing Guidelines cases that shows the evils of “sentencing by the numbers.” The defendant in this case, the single mother of five children, aged five through 14, was convicted of possession of cocaine with intent to distribute. Based on her offense conduct and her prior ...

Here a divided panel held that dog-sniff evidence is inherently unreliable and therefore should normally be inadmissible as “insufficiently indicative of probable cause” due to the prevalence of drug tainted currency in circulation.

This case is noted for its detailed discussion of the admissibility of testimony by police officers that ...

Here the 11th Circuit reversed the dismissal of a civil rights lawsuit brought by two former prisoners against a Sheriff, holding that her appalling deliberate indifference to the medical needs of the plaintiffs precluded the defense of qualified immunity.

This case also deals with the defense of qualified immunity; but ...