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Article • September 19, 2016 • from P&J September, 2016
Sophin v. U.S., No. EP-15-CR-418-KC (W.D.Tex.) (153 F.Supp.3d 956) (December 22, 2015) (Judge Kathleen Cardone) by This is a rare common-sense decision in which District Judge Kathleen Cardone rejected a U.S. Border agent’s exaggerated and hysterical claims of forcible interference with his duties, in violation of 18 U.S.C. § 111(a)(1); …
Article • May 21, 2002
Scott v. Illinois, No. 77-1177 (U.S. Supreme Court) (440 U.S. 367; 99 S.Ct. 1158) (March 5, 1979) (Justice Rehnquist) by Here the Court held that the 6th and 14th Amendments "require only that no indigent criminal defendant be sentenced to a term of imprisonment unless the State has afforded him …
Article • May 21, 2002
Argersinger v. Hamlin, No. 70-5015 (U.S. Supreme Court) (407 U.S. 25; 92 S.Ct. 2006) (June 12, 1972) (Justice Douglas) by Here the Court held that the right to counsel applies to any offense - misdemeanor or felony - for which a term of imprisonment is imposed; and that the right …
Article • April 1, 2002 • from P&J April, 2002
Alabama v. Shelton, No. 00-1214 (U.S. Supreme Court) (535 U.S. 654; 122 S.Ct. 1764) (May 20, 2002) (Justice Ginsburg) by Here a sharply divided Supreme Court held that an indigent defendant has a right to court appointed counsel even in misdemeanor cases that result in a suspended sentence - a …
Article • July 2, 2000
Nichols v. U.S., No. 92-8556 (U.S. Supreme Court) (511 U.S. 738; 114 S.Ct. 1921) (June 6, 1994) (Justice Rehnquist) by In this case, after petitioner Nichols pleaded guilty to federal felony drug charges, he was assessed criminal history points under the United States Sentencing Guidelines, including one point for a …
Article • July 2, 2000
Baldasar v. Illinois, No. 77-6219 (U.S. Supreme Court) (446 U.S. 222; 100 S.Ct. 1585) (April 22, 1980) (Per Curiam) by Here a divided court held that the Constitution prohibits a sentencing court from considering a defendant's previous uncounseled misdemeanor conviction in sentencing him for a subsequent offense. One year after …