We first visited the escapades of Detective Johnny St. Valentine-Brown (Brown) in U.S. v. Jones, 84 F.Supp.2d 124 (D.D.C. 1999) (P&J, 3/27/00), where we noted that the District of Columbia’s “resident narcotics expert” had - for years - falsified his credentials in order to impress the jurors in many cases ...
Here, in a decision subsequently reversed by the en banc court at 264 F.3d 1215 (10th Cir. 2001), a divided panel upheld the suppression of evidence obtained as a result of questions by the police that exceeded the scope of the traffic stop in question.
Here a panel held that it is error for a district court to require the Government to prove certain uncharged facts at sentencing by a clear and convincing standard of proof rather than a mere preponderance of evidence - under any circumstances.
The broad swath cut by the Supreme Court’s ...
This is a case that pro se litigants should study because it helps to clarify at least one of the subtle traps that face prisoners who seek habeas relief. The Court phrased the issue as follows: “When a district court, acting sua sponte, recharacterizes a federal prisoner’s post conviction motion ...
Proving that it never hurts to be rich and powerful, the Third Circuit affirmed, over the strong dissent of Judge Rosenn, a three level downward departure granted to a state legislator who was convicted of perjury for lies he told a Federal grand jury that was investigating the financing of ...
St. Cyr v. I.N.S., 229 F.3d 406 (2nd Cir. 2000) (Judge Oakes)
Calcano-Martinez v. I.N.S., 232 F.3d 328 (2nd Cir. 2000) (Judge Oakes)
On January 12, 2001, the Supreme Court agreed to grant certiorari in both of these immigration/deportation cases almost before the ink was dry on the published decisions. ...
Here the Court reversed a two-level enhancement for abuse of position of trust imposed on a mother who begged her daughter not to squeal to the Feds that she had been sexually abused by her father - which led to the mother's conviction for intimidation.
There are times when the ...
