This case is noted for its discussion and detailed review of the relationship between the abuse of writ standard established in McCleskey v. Zant and the gatekeeping restrictions on second or successive petitions established under the AEDPA.
The petitioner, a Cuban citizen with permanent resident status, was deported to Cuba ...
The Court held that a pretrial detainee’s right of access to the courts had been unlawfully impeded by the absence of legal materials at his jail, which interfered with his ability to pursue his legal remedies - a rare ruling in light of Lewis v. Casey.
This decision will be ...
Defendant appealed from his conviction, entered in the United States District Court for the Central District of California upon a plea of guilty, and his 120 month sentence for conspiracy to possess with intent to distribute methamphetamine in violation of 21 U.S.C.S. § 846.
Defendant contended that his conviction should ...
Defendant moved to dismiss the government's notice of intent to seek the death penalty, or, in the alternative, to strike the aggravating factors. Defendant also moved by way of a supplemental motion to dismiss, and to strike, a notice of special findings from a superseding indictment. Finally, defendant moved to ...
The district court erred in suppressing e-mails seized by Yahoo! technicians from the company's California-based servers because even though the search violated the provisions of 18 USC § 3105, the search was reasonable under the Fourth Amendment.
This case is indicative of the increasing ease by which the Government can ...
This case deals with the rights under the First Amendment of non-suspect, potential witnesses to consult with counsel - which rights, the Court explained, are at least as broad as a suspect’s Fifth Amendment Miranda rights, including his right to counsel during interrogation, before indictment and his Sixth Amendment rights ...
Defendant was being held in jail pending trial on two indictments involving charges that grew out of a continuing investigation of the criminal conduct, including drug trafficking, of defendant's sometime boyfriend. Plaintiff government filed an amendment to its notice of intent to use evidence, regarding use of a jailhouse informant's ...
More than 60 years ago, the Supreme Court upheld a conviction of an individual who was held to have violated a New Hampshire law by addressing the following words to a city marshal on a public sidewalk near the entrance to the city hall of Rochester, New Hampshire: "You are ...