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March 29, 2010 – April 2, 2010.
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U.S. Supreme Court, March 30, 2010 Berghuis v. Smith, No. 08–1402 In habeas proceedings brought by an individual convicted of second degree murder by an all-white jury, the Sixth Circuit’s reversal of the denial of petitioner’s habeas petition is reversed where Duren v. Missouri, 439 U. S. 357 (1979), hardly established — much less “clearly” so — that petitioner was denied his Sixth Amendment right to an impartial jury drawn from a fair cross section of the community, because petitioner’s evidence gave the Michigan Supreme Court little reason to conclude that the county’s juror assignment order had any significant effect on the representation of African-Americans in the venire.
U.S. Supreme Court, March 31, 2010 Padilla v. Kentucky, No. 08–651 In postconviction proceedings arising from a drug distribution prosecution, after which petitioner faced deportation based on his guilty plea and claimed that his counsel failed to advise him of the consequences of the plea, denial of postconviction relief is reversed and remanded where, because counsel must inform a client whether his plea carries a risk of deportation, petitioner sufficiently alleged that his counsel was constitutionally deficient. ..
U.S. 1st Circuit Court of Appeals, April 01, 2010 US v. Charlton, No. 08-1797 Defendant’s conviction for being a felon in possession of a firearm and an enhanced sentence under the Armed Career Criminal Act are affirmed where: 1) defendant failed to establish that the government purposely discriminated against African-Americans in exercising its peremptory challenge against a juror and thus the district court committed no error – clear or plain – in permitting the government’s peremptory challenge against that prospective juror; and 2) the district court did not err in sentencing defendant as an armed career criminal. ..
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