Articles Posted in Court Decisions

-December-7-11, 2009.

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U.S. Supreme Court, December 07, 2009 Michigan v. Fisher, No. 09–91 In an assault prosecution, grant of petitioner’s motion to suppress evidence that he pointed a rifle at an officer when he entered his house is reversed where the officer did not violate the Fourth Amendment because he was responding to a report of a disturbance and encountered a tumultuous situation in the house, which justified a warrantless search under the emergency aid exception.

U.S. Supreme Court, December 08, 2009 Beard v. Kindler, No. 08–992 In a capital habeas matter involving whether Pennsylvania’s fugitive forfeiture rule provided an adequate basis to bar federal habeas review of petitioner’s claims, grant of his habeas petition is vacated and remanded where a state procedural rule is not automatically “inadequate” under the adequate state ground doctrine (and therefore unenforceable on federal habeas review) because the state rule was discretionary rather than mandatory. ..

U.S. 1st Circuit Court of Appeals, December 07, 2009 US v. Leon-Quinones, No. 07-1395 Defendant’s conviction for robbing two banks and for carrying a firearm during and in relation to a robbery is affirmed where: 1) there was sufficient evidence that defendant used a real firearm during the robbery of one of the banks; 2) the district court committed no clear or obvious error in allowing a witness to identify defendant; and 3) the district court did not abuse its discretion in allowing the prosecutor to ask witnesses leading questions when they returned to the stand to identify defendant.
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A Service from the ABA Criminal Justice Section, http://www.abanet.org/crimjust

Michigan v. Jeremy Fisher

United States Supreme Court No. 09-91

November 30-December-4, 2009.

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U.S. Supreme Court, November 30, 2009 Porter v. McCollum, No. 08–10537 In capital habeas proceedings, circuit court’s order reversing a district court’s grant of a habeas petition is reversed where it was objectively unreasonable for a state court to conclude that there was no reasonable probability the sentence would have been different if the sentencing judge and jury had heard the significant mitigation evidence that petitioner’s counsel neither uncovered nor presented, including evidence of petitioner’s mental health or mental impairment, his family background, or his military service.

U.S. 1st Circuit Court of Appeals, December 01, 2009 US v. Willings, No. 09-1334 In a prosecution for robbery of a federal bank through the use of a dangerous weapon, district court’s imposition of a sentence designating defendant as a career offender under U.S.S.G. section 4B1.1(a) is affirmed as escape from secure custody is a crime of violence within the purview of the career offender guideline.

U.S. 1st Circuit Court of Appeals, December 03, 2009 US v. Hersom, No. 07-2401 Defendant’s conviction for maliciously destroying by fire a building owned by an institution receiving Federal financial assistance in violation of 18 U.S.C. section 844(f) is affirmed where: 1) in general, the statute should be limited to arson of property acquired, renovated, or leased using federal financial assistance; 2) section 844(f) is constitutional and it applies to defendant’s conduct in this case; but 3) defendant’s sentence is vacated and remanded in light of US v. Giggey to determine whether defendant’s second career offender predicate is a crime of violence.
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November 23-27, 2009.

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U.S. 1st Circuit Court of Appeals, November 25, 2009 US v. Gonzalez-Velez, No. 07-2277 Defendant’s sentence of 135-months’ imprisonment after being convicted of participating in a conspiracy to distribute narcotics is affirmed where: 1) trial court’s reliance on witness’ testimony was not unreasonable; 2) district court did not err in attributing the full five kilograms of cocaine to defendant in calculating the base offense level of 32; 3) district court did not err in denying defendant’s request for a two-level reduction in his offense level for acceptance of responsibility.

U.S. 2nd Circuit Court of Appeals, November 25, 2009 Michtavi v. N.Y. Daily News, No. 08-2111 In an action for libel and intentional infliction of emotional distress based on news reports stating that plaintiff, a criminal defendant, was to cooperate with prosecutors, dismissal of the complaint is affirmed where the statement reporting that plaintiff planned to cooperate with authorities was not defamatory as a matter of law.

U.S. 4th Circuit Court of Appeals, November 24, 2009 US v. Phillips, No. 07-4230 Defendant’s conviction for securities fraud, mail fraud, and other related crimes is affirmed as a warrant’s inclusive language was reasonably read by the postal inspection agents to encompass the seized evidence and thus, the agents’ seizures were permissible.

U.S. 5th Circuit Court of Appeals, November 25, 2009 US v. Carey, No. 08-60961 Defendant’s aggravated sexual abuse of a minor conviction and sentence are affirmed where: 1) the admissibility of testimony accompanied by a Fed. R. Evid. 612 refreshment did not depend upon the source of the writing, the identity of the writing’s author, or the truth of the writing’s contents; 2) a victim-witness’s youth and nervousness could satisfy Rule 611’s necessity requirement; and 3) defendant’s sentence was not procedurally unreasonable because the district court examined the 18 U.S.C. section 3553 factors.

U.S. 6th Circuit Court of Appeals, November 23, 2009 US v. Simmons, No. 07-3449 Defendant’s sentence of 116 months’ imprisonment for possession of more than five grams of crack cocaine with intent to distribute and for being a previously convicted felon in possession of a firearm is affirmed and remanded where, although the district court’s sentencing was procedurally and substantively adequate, the Guidelines have since been revised to lower the range for certain crack offenses and defendant may be eligible for a sentencing reduction.

U.S. 6th Circuit Court of Appeals, November 23, 2009 US v. Petrus, No. 08-1706 Defendant’s sentence to 70 months’ imprisonment for conspiring to possess with intent to distribute illegal drugs is affirmed where: 1) the district court did not commit any significant procedural error in imposing defendant’s sentence and the sentence was procedurally reasonable; and 2) considering the totality of the circumstances, including the Guidelines, the section 3553(a) factors, the nature of the offense, defendant’s family situation, his immigration status, his lack of criminal history, and defendant’s asserted attempt to cooperate with the government, the 70 month sentence is substantively reasonable.
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