April 8, 2009 A Service from the ABA Criminal Justice Section, http://www.abanet.org/crimjust Corley v. United States No. 07-10441 In vacating and remanding a 3rd Circuit decision, the U.S. Supreme Court has found that 18 U.S.C. 3501 regarding admissibility of voluntary confessions modifies but does not supplant the bar to admissibility…
Harbison v. Bell, Warden No. 07-8521 “In reversing a 6th Circuit opinion, the U.S. Supreme Court has found that a certificate of appealability is not required to appeal a denial of federally appointed counsel, and that federally appointed counsel may represent clients in state clemency proceedings and be compensated for…
To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw. March 24-25, 2009 CRIMINAL LAW & PROCEDURE, HABEAS CORPUS Knowles v. Mirzayance, No. 07-1315 The District Court’s grant of Petitioner’s habeas petition is reversed, where, whether the state court’s denial of his…
From the American Bar Association Criminal Justice Section: http://www.abanet.org/crimjust I”n a case arising from a felony domestic assault and habitual offender charges, where the defendant had at least six different appointed attorneys between the time of his arrest and his trial, the trial court denied the defendant’s motion to dismiss…
From the ABA Criminal Justice Section: http://www.abanet.org/crimjust United States v. Hayes (No. 07-608) “The court released an opinion regarding the prohibition on possession of a firearm by convicted felons to include persons convicted of a misdemeanor crime of domestic violence. Police officers discovered a rifle in respondent Hayes’s home. Hayes…
To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw. January 26, 2009 CIVIL PROCEDURE, CIVIL RIGHTS, CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE Van de Kamp v. Goldstein, No. 07-854 In the context of 42 U.S.C. section 1983 civil rights suits, a…
January 23, 2009 From the American Bar Association Criminal Justice Section “> www.abanet.org/crimjust“> Spears v. US, No. 08–5721 The government appealed a sentence for conspiracy to distribute cocaine base and powder cocaine in which the District Court reduced the sentencing range for crack cocaine from the 100 to 1 ratio…
From: Findlaw Breaking Documents May 28, 2008; Suspect’s Constitutional Rights Not Violated, Even If Prohibited By State Law VIRGINIA V. MOORE “(U.S. Supreme Ct., April 23, 2008) – Police did not violate a suspect’s Fourth Amendment rights when they made an arrest based on probable cause but prohibited by state…