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Article • March 18, 2013 • from P&J March, 2013
Henderson v. U.S., No. 11-9307 (U.S. Supreme Court) (568 U.S. 266; 133 S.Ct. 1121) (February 20, 2013) (Justice Breyer) by Rule 52(b) of the Fed.R.Crim.P. provides that “[a] plain error that affects substantial rights may be considered [by an appellate court] even though it was not brought to the [trial] …
Article • April 30, 2012 • from P&J April, 2012
U.S. v. Rodriguez, No. 10-3017 (D.C. Cir.) (676 F.3d 183) (March 9, 2011) (Judge Karen LeCraft Henderson) by Here the Court held (a) that a lawyer’s failure to seek safety-valve relief for his client constituted ineffective assistance of counsel; and (b) that a defendant is eligible for such relief once …
Article • March 7, 2011 • from P&J March, 2011
Walker v. Martin, No. 09-996 (U.S. Supreme Court) (562 U.S. 307; 131 S.Ct. 1120) (February 23, 2011) (Justice Ginsburg) by Here a unanimous Court reversed a 9th Circuit habeas ruling and upheld California's relatively flexible procedural rule requiring that habeas petitions be filed “as promptly as the circumstances allow”, concluding …
Article • November 1, 2003 • from P&J November, 2003
U.S. v. Delgado Garcia, No. 2:00-CR-276-PGC (D.Utah) (282 F.Supp.2d 1299) (September 19, 2003) (Judge Paul G. Cassell) by