U.S. Supreme Court

 

Holmes v. South Carolina (05/01/06 - No. 04–1327)

A criminal defendant's federal constitutional rights are violated by an evidence rule under which the defendant may not introduce evidence of third-party guilt if the prosecution has introduced forensic evidence that, if believed, strongly supports a guilty verdict.

http://laws.lp.findlaw.com/us/000/041327.html

 

U.S. 1st Circuit Court of Appeals

 

Knight v. Spencer (05/02/06 - No. 05-1770)

Denial of habeas corpus relief in a first degree murder case is affirmed where the trial judge's refusal to allow a line of questioning for a prosecution witness did not violate the Confrontation Clause, and where the defense counsel's work did not fall below an objective standard of reasonableness.

http://laws.lp.findlaw.com/1st/051770.html

 

U.S. v. Ortiz (05/03/06 - No. 05-1718)

Conviction and sentence for possession of cocaine with intent to distribute are affirmed where: 1) the evidence was sufficient to support the verdict; 2) the prosecutor's closing arguments did not constitute plain error; and 3) a ten-year statutory minimum applies to crimes involving 5 kilograms of cocaine.

http://laws.lp.findlaw.com/1st/051718.html

 

U.S. v. Caraballo (05/03/06 - No. 05-2361)

Sentence for possession and distribution of crack cocaine is affirmed where the district court fully considered mitigating factors in reaching defendant's sentence, and reasonably rejected sentencing disparity as a basis for further reducing the sentence.

http://laws.lp.findlaw.com/1st/052361.html

 

U.S. 2nd Circuit Court of Appeals

 

US v. Johnson (05/01/06 - No. 04-4992)

Orders modifying conditions of supervised release of convicted sex offender are affirmed over claims that the conditions, including polygraph testing, a bar on contact with minors, and a ban on Internet access, are unconstitutional or improperly tailored to promote federal sentencing policy.

http://caselaw.lp.findlaw.com/data2/circs/2nd/044992p.pdf

 

US v. Herrera (05/02/06 - No. 05-1454)

Guidelines sentence of 168 months and 5 years supervised release is upheld where defendant's constructive possession of firearms in connection with his drug offenses, in which firearms were in his personal dominion and control, render him ineligible for safety valve relief under 18 U.S.C. section 3553(f) and U.S.S.G. section 5C1.2 and for a reduction in his offense level under U.S.S.G. section 2D1.1(b)(9).

http://caselaw.lp.findlaw.com/data2/circs/2nd/051454p.pdf

 

Brownell v. Krom (05/03/06 - No. 04-6364)

Summary judgment in favor of defendants is reversed where special circumstances justified plaintiff prison inmate's failure to exhaust his administrative remedies and that those remedies are no longer available to him.

http://caselaw.lp.findlaw.com/data2/circs/2nd/046364p.pdf

 

US v. Florez (05/03/06 - No. 05-2385)

Conviction and sentences for two narcotics conspiracies are affirmed over claims that: 1) district court erred in applying 18 U.S.C. section 3290 to toll the statute of limitations during the time that defendant was purportedly a fugitive; 2) evidence was insufficient to support defendant's conviction; and 3) defendant's incarceratory sentence is based on impermissible judicial factfinding as to drug quantity and unreasonably disproportionate to that imposed on co-defendant.

http://caselaw.lp.findlaw.com/data2/circs/2nd/052385p.pdf

 

US v. Rodriguez (05/03/06 - No. 03-1639)

Defendants' Hobbs Act robbery convictions are reversed where the district court committed Confrontation Clause error by admitting a post arrest statement made by a co-defendant against them. Where evidence was insufficient to support a Hobbs Act robbery conviction against one defendant, he must be acquitted. (Amended)

http://caselaw.lp.findlaw.com/data2/circs/2nd/031639p.pdf

 

Hayden v. Pataki (05/04/06 - No. 04-3886)

The Voting Rights Act, 42 U.S.C. section 1973, must be construed to not encompass prisoner disenfranchisement provisions such as that of New York because: 1) Congress did not intend the VRA to cover such provisions; and 2) Congress made no clear statement indicating an intent to modify the federal balance by applying the VRA to these provisions.

http://caselaw.lp.findlaw.com/data2/circs/2nd/043886p.pdf

 

Muntaqim v. Coombe (05/04/06 - No. 01-7260)

Appeal from dismissal of claim that New York Election Law section 5-106, which denies the right to vote to incarcerated or paroled felons, violates section 2 of the Voting Rights Act, 42 U.S.C. section 1973, is dismissed where plaintiff lacks standing and, consequently, there is no subject matter jurisdiction.

http://caselaw.lp.findlaw.com/data2/circs/2nd/017260p.pdf

 

U.S. 3rd Circuit Court of Appeals

 

Couden v. Duffy (05/01/06 - No. 04-1732)

Summary judgment for defendants in a civil rights action, involving undercover law enforcement officers' mistakenly identifying plaintiff's son as a fugitive, is reversed in part as to plaintiffs' section 1983 claims against certain defendants and a Bivens claim, where the district court erred in failing to consider the facts in the light most favorable to plaintiffs in its constitutional rights analysis.

http://caselaw.lp.findlaw.com/data2/circs/3rd/041732p.pdf

 

US v. Lacy (05/05/06 - No. 05-1913)

A conviction for simple possession of cocaine base is affirmed over his claims of error: 1) that the Federal Rules of Criminal Procedure do not permit conviction for more than one lesser included offense arising out of a single charged offense; 2) that simple possession is not a lesser included offense of possession with intent to distribute; 3) on grounds of double jeopardy; and 4) on grounds of insufficiency of the evidence.

http://caselaw.lp.findlaw.com/data2/circs/3rd/051913p.pdf

 

U.S. 4th Circuit Court of Appeals

 

US v. Revels (05/01/06 - No. 05-4142)

District court committed Sixth Amendment error where defendant neither admitted facts underlying four-level enhancement, nor were facts proved to a jury beyond a reasonable doubt. However, where district court issued an alternative identical sentence treating Guidelines as advisory only, any error was harmless.

http://caselaw.lp.findlaw.com/data2/circs/4th/054142p.pdf

 

US v. Currence (05/04/06 - No. 05-4894)

In case where defendant is under indictment for possession of crack cocaine with intent to distribute, order suppressing evidence based on Fourth Amendment violation for searching hollow area of defendant's bicycle handlebar without a warrant, is reversed as the search was permissible as incident to defendant's lawful arrest.

http://caselaw.lp.findlaw.com/data2/circs/4th/054894p.pdf

 

U.S. v. Allen (05/05/06 - No. 03-4701)

Sentence for distribution of crack cocaine is affirmed over defendant's arguments that: 1) the court should not have classified him as a career offender; 2) the classification violated his Sixth Amendment rights; and 3) the sentence violated Booker principles.

http://caselaw.lp.findlaw.com/data2/circs/4th/034701p.pdf

 

U.S. 5th Circuit Court of Appeals

 

US v. Harper (05/02/06 - No. 05-40500)

Shepard v. US, 125 S.Ct. 1254 (2005), does not prohibit a judge from finding the facts relevant to a defendant's Sentencing Guidelines range by a preponderance of the evidence.

http://caselaw.lp.findlaw.com/data2/circs/5th/0540500cr0p.pdf

 

US v. Sibley (05/05/06 - No. 05-10063)

A conviction for drug and firearm related offenses is affirmed over claims that the district court erred by denying defendant's motion to suppress. His sentence is vacated where the government failed to show that the sentencing judge would have imposed the same sentence on defendant under an advisory sentencing scheme.

http://caselaw.lp.findlaw.com/data2/circs/5th/0510063cr0p.pdf

 

U.S. 7th Circuit Court of Appeals

 

Simelton v. Frank (05/01/06 - No. 05-2227)

Conviction and sentence for two counts of sexual assault are affirmed where: 1) the court was reasonable in relying on defendant's statements during a guilty plea in determining that the plea was made knowingly, voluntarily and intelligently; and 2) any confusion about defendant's education level was irrelevant since he suffered no impairment.

http://caselaw.lp.findlaw.com/data2/circs/7th/052227p.pdf

 

U.S. v. Moore (05/02/06 - No. 04-2989)

Conviction for concealing material fact about the award of government contracts is affirmed where: 1) the indictment alleged facts that constituted an offense and the evidence was sufficient for a conviction; 2) jury instructions were adequate; 3) the information was material; 4) there was evidence of concealment; and 5) an HUD regulation was not vague.

http://caselaw.lp.findlaw.com/data2/circs/7th/042989p.pdf

 

U.S. v. Kelley (05/02/06 - No. 05-1884)

Revocation of supervised release and sentence of 24 months' imprisonment for violent crimes are affirmed where the Sixth Amendment does not apply to revocation hearings, and where defendant's due process rights were not violated by admission of hearsay evidence since the admission did not undermine the fundamental fairness of the hearing.

http://caselaw.lp.findlaw.com/data2/circs/7th/051884p.pdf

 

Hays v. Bryan Cave, LLP (05/03/06 - No. 05-2154)

Removal to federal court of a legal malpractice claim by a convicted federal defendant is vacated and remanded where the claim arose under state law, and the fact that interpretation of federal law would be an issue in the case did not render it removable.

http://caselaw.lp.findlaw.com/data2/circs/7th/052154p.pdf

 

U.S. v. Darif (05/03/06 - No. 05-3377)

Convictions involving marriage fraud are affirmed where: 1) a communication was admissible under joint crime exception to marital communications privilege; 2) there was no reversible error in denial of marital testimonial privilege; 3) there was no selective prosecution; and 4) defendant was not entitled to entry of his jury instructions.

http://caselaw.lp.findlaw.com/data2/circs/7th/053377p.pdf

 

Lockhart v. Chandler (05/04/06 - No. 04-3223)

Petition for habeas corpus is denied where the petitioner did not have a clearly established right to be informed of a period of mandatory supervised release during sentencing.

http://caselaw.lp.findlaw.com/data2/circs/7th/043223p.pdf

 

U.S. 8th Circuit Court of Appeals

 

US v. Ruiz (05/01/06 - No. 05-1761)

Defendants' convictions and sentences on drug and firearms charges are affirmed over claims of error regarding sufficiency of the evidence, juror misconduct, evidentiary error, severance, and sentencing error.

http://caselaw.lp.findlaw.com/data2/circs/8th/051761p.pdf

 

US v. Mullins (05/01/06 - No. 05-2420)

A conviction and sentence for unlawful possession of a firearm as a previously convicted felon is affirmed over claims of error regarding: 1) whether a starter gun was a firearm within the meaning of the applicable statute; 2) a failure to grant a mistrial based on improper prosecutorial remarks; 3) jury instruction; and 4) a government expert's testimony.

http://caselaw.lp.findlaw.com/data2/circs/8th/052420p.pdf

 

US v. Kendall (05/02/06 - No. 05-2836)

A sentence for drug-related offenses is reversed pursuant to a claim that a sentence, which constituted a 155% upward departure from the maximum applicable guidelines range, was unreasonable.

http://caselaw.lp.findlaw.com/data2/circs/8th/052836p.pdf

 

Lefkowitz v. US (05/03/06 - No. 04-1696)

Denial of a motion for relief from a criminal sentence under 28 U.S.C. section 2255 is affirmed over claims regarding: 1) whether a limitation of funding for accountant experts and the cessation of funding for accountant experts prior to trial resulted in the denial of defendant's right to effective assistance of counsel; and 2) Blakely and Booker error.

http://caselaw.lp.findlaw.com/data2/circs/8th/041696p.pdf

 

US v. Atteberry (05/03/06 - No. 05-2631)

A sentence for distribution of child pornography is affirmed over claims of error that the district court erred in imposing a consecutive sentence and that defendant's sentence was unreasonable and violated the Eighth Amendment' prohibition against cruel and unusual punishment.

http://caselaw.lp.findlaw.com/data2/circs/8th/052631p.pdf

 

US v. Gardner (05/03/06 - No. 05-2638)

A conviction and sentence for conspiracy to distribute methamphetamine is affirmed over claims of error relating to a district court's admission of evidence and its denial of a motion for a mistrial.

http://caselaw.lp.findlaw.com/data2/circs/8th/052638p.pdf

 

US v. Jeremiah (05/03/06 - No. 05-3164)

Defendant's sentence for using interstate facilities to transmit information about a minor "with the intent to entice, encourage, offer, or solicit" criminal sexual activity is affirmed over a claim that the district court was required to consider potential federal/state sentencing disparity, and that its failure to do so resulted in an unreasonable sentence.

http://caselaw.lp.findlaw.com/data2/circs/8th/053164p.pdf

 

US v. Counce (05/03/06 - No. 05-3562)

A conviction for being a felon in possession of a firearm is affirmed over claims of error regarding: 1) the district court's refusal to allow him to introduce evidence that a firearm was inoperable; 2) a failure to define "knowingly" in the jury instructions; and 3) the sentence imposed by the district court.

 

US v. Ault (05/04/06 - No. 05-1263)

A sentence for attempting to manufacture methamphetamine and possessing a firearm after having been convicted of a domestic violence offense is affirmed over claims that the court erred by considering unrelated transactions in determining drug quantity and by imposing a two-level enhancement for possessing the firearm in connection with his drug offense.

http://caselaw.lp.findlaw.com/data2/circs/8th/051263p.pdf

 

US v. Gipson (05/04/06 - No. 05-2672)

A conviction for possession with intent to distribute cocaine base is affirmed over a claim that the district court erred by admitting other acts evidence pursuant to Rule 404(b) of the Federal Rules of Evidence.

http://caselaw.lp.findlaw.com/data2/circs/8th/052672p.pdf

 

US v. Lockwood (05/04/06 - No. 05-3247)

Defendant's sentence for sexually abusing a minor is vacated where the admissible evidence did not show that defendant was convicted of a prior sex offense.

http://caselaw.lp.findlaw.com/data2/circs/8th/053247p.pdf

 

US v. Thorpe (05/05/06 - No. 05-2594, 05-2627)

A conviction for conspiracy to distribute crack cocaine and possession of a firearm in furtherance of a drug trafficking offense is affirmed over a claim of insufficiency of the evidence, and a sentence vacated pursuant to the government's claim that the district court erred in sentencing defendant based on a drug quantity found by the jury beyond a reasonable doubt instead of on an amount proved by a preponderance of the evidence.

http://caselaw.lp.findlaw.com/data2/circs/8th/052594p.pdf

 

U.S. 9th Circuit Court of Appeals

 

Aguiluz-Arellano v. Gonzales (05/01/06 - No. 03-73856)

A petition for review of a final removal order is denied over a challenge to a finding that petitioner's conviction for being under the influence of a controlled substance did not fall within the scope of the Federal First Offender Act (FFOA).

http://caselaw.lp.findlaw.com/data2/circs/9th/0373856p.pdf

 

Jonah R. v. Carmona (05/02/06 - No. 05-16391)

A juvenile whose status is adjudicated under the Federal Juvenile Delinquency Act (FJDA) must receive credit against his or her sentence for time spent in pre-sentence custody.

http://caselaw.lp.findlaw.com/data2/circs/9th/0516391p.pdf

 

US v. TRW Rifle 7.62X51mm Caliber (05/05/06 - No. 04-16049)

Summary judgment in favor of the government in a forfeiture action involving the government's seizure of claimant's rifle is affirmed where the rifle at issue could be "readily restored" to shoot automatically within the plain and unambiguous meaning of 26 U.S.C. section 5845(b) and thus was a "machinegun" under the statute.

http://caselaw.lp.findlaw.com/data2/circs/9th/0416049p.pdf

 

Mason v. Yarborough (05/05/06 - No. 04-17330)

Denial of habeas relief from state court convictions arising out of two separate shooting incidents, one which resulted in first degree murder charges, is affirmed over a claim that admission of the fact that a coparticipant made a statement to law enforcement, but not the content of the statement, violated defendant's confrontation rights.

http://caselaw.lp.findlaw.com/data2/circs/9th/0417330p.pdf

 

US v. Brigham (05/05/06 - No. 03-30381)

A sentence for making various false statements on loan applications related offenses is affirmed with a limited remand over claims of error regarding the district judge's participation in a "sentencing council," a two point upward adjustment for violating a court order, and calculation of the loss, where defendant did not object to the claimed errors and the errors did not qualify as "plain."

http://caselaw.lp.findlaw.com/data2/circs/9th/0330381p.pdf

 

U.S. 10th Circuit Court of Appeals

 

US v. Todd (05/02/06 - No. 05-6127, 05-6252)

Dismissal of a firearm count of an indictment is reversed where the district court abused its discretion in dismissing the count based on a finding that there was insufficient factual support for the charge, and a sentence for possession of methamphetamine is vacated as the district court lacked jurisdiction to proceed with sentencing after the government filed an appeal.

http://laws.lp.findlaw.com/10th/056127.html

 

Harman v. Pollock (05/03/06 - No. 04-4294)

Grant of qualified immunity to defendants in a 42 U.S.C. section 1983 case arising out of an allegedly wrongful detention of plaintiffs during a midnight law enforcement raid is reversed in part as to plaintiffs' claims of an unlawful search and seizure where there were material factual disputes about when officers should have realized they were at a separate residence not encompassed by a warrant.

http://laws.lp.findlaw.com/10th/044294.html

 

US v. Orange (05/03/06 - No. 05-6105)

Denial of defendant's 28 U.S.C. section 2255 petition from a conviction and sentence for conspiracy to defraud the U.S. is affirmed over his claims of ineffective assistance of counsel based on his counsel's alleged failure to challenge the jury composition of defendant's grand and petit juries, or to do any factual investigation.

http://laws.lp.findlaw.com/10th/056105.html

 

US v. Sanchez-Juarez (05/04/06 - No. 05-2295)

A sentence for illegal reentry by a deported alien after conviction of an aggravated felony and for aggravated identity theft is vacated where there was jurisdiction to hear defendant's appeal and the district court failed to state reasons for the sentence it imposed and failed to consider defendant's arguments that statutory factors warranted a sentence below the applicable guidelines range.

http://laws.lp.findlaw.com/10th/052295.html

 

U.S. 11th Circuit Court of Appeals

 

US v. Garcia (05/03/06 - No. 04-14763)

Convictions for knowingly participating in a drug trafficking conspiracy and possession of a firearm are affirmed over claims that the district court: 1) erred by permitting expert witness to explain that he relied upon out-of-court statement of a drug trafficker who testified at trial to the same statement; and 2) abused its discretion by permitting the expert witness to explain that he determined the meaning of coded language by relying on out-of-court statement of the drug trafficker.

http://caselaw.lp.findlaw.com/data2/circs/11th/0414763p.pdf

 

US v. Owens (05/04/06 - No. 05-10753)

Forty-two month sentence imposed for conviction of possession of firearms after having been convicted of a felony and enhancement under U.S.S.G. section 2K2.1(a)(4)(A) is affirmed as possession of an unregistered firearm is a crime of violence for purposes of enhancement.

http://caselaw.lp.findlaw.com/data2/circs/11th/0510753p.pdf

 

US v. Alvarez-Coria (05/04/06 - No. 05-15683)

Sentence, for conspiracy to possess with the intent to distribute methamphetamine and cocaine and attempting to possess methamphetamine with the intent to distribute, is affirmed over claim that the district court clearly erred in failing to grant defendant a minor role reduction.

http://caselaw.lp.findlaw.com/data2/circs/11th/0515683p.pdf

 

U.S. v. McVay (05/05/06 - No. 04-13455)

Downward departure during sentencing of corporate executive for conspiracy to commit wire and securities fraud is reversed where the sentencing judge erred as a matter of law in relying on factors other than the defendant's substantial assistance to the government in reaching the departure, and failed to consider other guideline factors.

http://caselaw.lp.findlaw.com/data2/circs/11th/0413455p.pdf

 

New York Court of Appeals

 

People v. Burton (05/02/06 - No. 55)

Conviction of possession of a controlled substance and sentence of 3.5 to 7 years' imprisonment is reversed where defendant's motion to suppress adequately pleaded a legal basis for suppression as required by CPL 710.60 (1).

http://caselaw.lp.findlaw.com/data/ny/cases/app/55opn06.pdf

 

People v. Conway (05/04/06 - No. 54)

Appellate division's reversal of conviction of defendant police officer, on charge of criminally negligent assault where defendant accidentally shot a suspect while in pursuit in a patrol car, is reversed where a valid line of reasoning and permissible inferences support the trial court's determination that defendant acted with criminal negligence.

http://caselaw.lp.findlaw.com/data/ny/cases/app/54mem06.pdf

 

Supreme Court of Texas

 

Kroger Texas Ltd. P'ship v. Suberu (05/05/06 - No. 03-0913)

A judgment in favor of plaintiff in an action for malicious prosecution and intentional infliction of emotional distress brought after she was acquitted on misdemeanor theft charges arising from an alleged shoplifting incident is reversed where the evidence was legally insufficient to support liability under each claim.

http://caselaw.lp.findlaw.com/data2/texasstatecases/sc/030913.pdf

 

California Appellate Districts

 

In re Kerry K. (05/01/06 - No. C050968)

Juvenile court erred in denying petitioner's request for release from detention following the continuance of his jurisdictional hearing, however, petition is denied as petitioner was released released from custody subsequent to the filing of his writ petition.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/c050968.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/c050968.pdf

 

Daniel V. v. Superior Ct. (People) (05/02/06 - No. C050566)

A purported assignment of cases filed in Juvenile Court under Welfare and Institutions Code section 602 "for all purposes, including trial," to a particular judge was not a valid "assignment for all purposes" sufficient to trigger the time for peremptory challenge of the judge where the assignment was made in the "notice of petition" by a court clerk by way of an informal practice rather than a court rule or order.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/c050566.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/c050566.pdf

 

People v. Linder (05/04/06 - No. C048803)

Conviction on several counts of lewd and lascivious conduct on children under the age of 14, and related charges, is affirmed over claims that defendant's constitutional rights to an impartial jury and due process were violated. However, defendant's determinate sentence of 10 years, plus an indeterminate term of 120 years to life, is vacated where trial court erred in ruling out concurrent subordinate terms of 15 years to life for several counts.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/c048803.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/c048803.pdf

 

People v. Hernandez (05/05/06 - No. B183053)

A conviction for drug-related offenses is reversed where the trial court's denial of defendant's request to discharge his retained counsel prior to trial resulted in a denial of his state and constitutional rights to counsel and due process of law.

http://caselaw.lp.findlaw.com/data2/californiastatecases/b183053.doc

http://caselaw.lp.findlaw.com/data2/californiastatecases/b183053.pdf

 

Margaret W. v. Kelley R. (05/05/06 - No. A110054)

In a tort suit brought by a victim of a rape which occurred after plaintiff went to a sleepover at a friend's house, summary judgment for defendant is affirmed where defendant, the mother of plaintiff's sleepover host, did not owe plaintiff a duty to prevent the criminal conduct that occurred under the circumstances of the case.

http://caselaw.lp.findlaw.com/data2/californiastatecases/a110054.doc

http://caselaw.lp.findlaw.com/data2/californiastatecases/a110054.pdf

 

Texas Criminal Court of Appeals

 

Rodgers v. State of Texas (05/03/06 - No. 0645-05)

A motion to strike an expert witness's testimony based on his lack of qualifications, which is made after the witness has testified, can serve as a renewed objection to a trial court's earlier ruling that the witness was qualified. Under such circumstances, an appellate court reviews a trial court's ruling based upon all of the evidence before the court at the time of the motion to strike.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=tx&vol=app/13933&invol=1