Articles Posted in Criminal Law and Justice

August 24 – 28, 2009.

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

U.S. 1st Circuit Court of Appeals, August 24, 2009 US v. Padilla-Colon, No. 07-2372 Conviction of defendant for possession of drugs with intent to distribute is affirmed where, although defendant’s waiver of appeal was invalid, there was no error in the district court finding that defendant did not qualify for the safety valve provision of 18 U.S.C. section 3553(f), based on a reasoned assessment of the defendant’s credibility in light of the facts on record.

U.S. 1st Circuit Court of Appeals, August 24, 2009 Crawford v. Clarke, No. 08-2100 In an action brought by Muslim inmates in the custody of the Massachusetts Department of Corrections (DOC) alleging the Commissioner violated their right to freely exercise their religion, grant of an injunction in favor of inmates is affirmed where the district court did not abuse its decision in denying Commissioner’s motion for reconsideration as the Commissioner sought to introduce evidence that could have been introduced at trial but chose not to.

U.S. 1st Circuit Court of Appeals, August 26, 2009 US v. Calderon, No. 05-2650 District court’s sentence and conviction of defendants for conspiring to possess drugs with the intent to distribute is affirmed where: 1) under the totality of the circumstances, the existence of common purpose, distribution of drugs, interdependence of various elements in the overall plan, and overlap among defendants, a reasonable jury could have convicted each of the defendants of the single conspiracy charge; 2) district court did not err in allowing a witness to testify as the defendant had not preserved a delayed disclosures claim; 3) court did abuse its discretion in admitting evidence of a firearm as it was clearly a relevant evidence and Rule 403 balancing did not weigh in favor of exclusion; 4) district court did not abuse its discretion in ruling that murder evidence was relevant, and even were the circuit court to conclude that the district court erred in admitting the evidence, the error would not be clear or obvious; 5) district court did not err in severing! defendant’s trial from his codefendants as he did not file a severance motion before trial; and 6) district court did not err in determining the drug quantity findings in sentencing the defendants under the sentencing Guidelines Continue reading

Update from the Lexis Alert Service,

August 19, 2009
1. People v. Olivo, 880, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5194; 63 A.D.3d 576; 881 N.Y.S.2d 359; 2009 N.Y. App. Div. LEXIS 5037, June 23, 2009, Decided, June 23, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
… appellant from a judgment of the Supreme Court, New York County (Laura Ward, J.), …

2. People v. Gomez, 892, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5169; 63 A.D.3d 558; 881 N.Y.S.2d 359; 2009 N.Y. App. Div. LEXIS 5036, June 23, 2009, Decided, June 23, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
… appellant from a judgment of the Supreme Court, New York County (William A. Wetzel, …

3. People v. Disla, 864, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5182; 63 A.D.3d 566; 881 N.Y.S.2d 359; 2009 N.Y. App. Div. LEXIS 5062, June 23, 2009, Decided, June 23, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
… appellant from a judgment of the Supreme Court, New York County (James Yates, J.), …

4. People v. Bustamante, 899, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5174; 63 A.D.3d 561; 881 N.Y.S.2d 359; 2009 N.Y. App. Div. LEXIS 5042, June 23, 2009, Decided, June 23, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
… appellant from a judgment of the Supreme Court, New York County (Bonnie Wittner, J. …

5. People v. Neary, 902, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5177; 63 A.D.3d 563; 881 N.Y.S.2d 359; 2009 N.Y. App. Div. LEXIS 5038, June 23, 2009, Decided, June 23, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
… appellant from a judgment of the Supreme Court, New York County (Carol Berkman, J.), …

6. People v. Rivera, 861, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5180; 63 A.D.3d 565; 881 N.Y.S.2d 359; 2009 N.Y. App. Div. LEXIS 5053, June 23, 2009, Decided, June 23, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
… appellant from a judgment of the Supreme Court, New York County (Charles Solomon, J.), …

7. People v. Padworski, 893, 7538/89, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5170; 63 A.D.3d 558; 880 N.Y.S.2d 486; 2009 N.Y. App. Div. LEXIS 5041, June 23, 2009, Decided, June 23, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment of resentence, Supreme Court, New York County (Carol Berkman, J.), …

8. People v. Hernandez, 874, 6597/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5188; 63 A.D.3d 571; 880 N.Y.S.2d 489; 2009 N.Y. App. Div. LEXIS 5040, June 23, 2009, Decided, June 23, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Rena K. Uviller, …

9. People v. McNeil, 885, 832/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5163; 63 A.D.3d 551; 881 N.Y.S.2d 417; 2009 N.Y. App. Div. LEXIS 5047, June 23, 2009, Decided, June 23, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (William A. Wetzel, …

10. People v. Nelson, 901, 3425/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5176; 63 A.D.3d 563; 881 N.Y.S.2d 94; 2009 N.Y. App. Div. LEXIS 5048, June 23, 2009, Decided, June 23, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Lewis Bart Stone, …
Continue reading

Source: Quinlan Law Enforcement E-News Alert, July 16, 2009.

Warrant to seize computer records

In a case involving a narcotics arrest, the court held that a warrant allowing for the seizure of “computerized records” authorized the investigators serving the warrant to seize the defendant’s computers. The defendant argued that because the warrant did not specifically list “computers” as an item to be seized, the seizure of the computers was outside the scope of the warrant. The court reasoned that anyone with a minimum of computer knowledge would understand that seizing “computer records” would necessitate seizing the actual computers those records were contained within. The court did, however, note that seized computers should not be kept by the government indefinitely after the seizure.

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

July 20-24. 2009.

U.S. 1st Circuit Court of Appeals, July 22, 2009 US v. Allen, No. 08-1451
Conviction for being a felon in possession of a firearm is affirmed where: 1) the district court did not abuse its discretion in failing to conduct an evidentiary hearing before denying defendant’s motion to suppress as defendant failed to raise a genuine issue of material fact regarding the plain view analysis or the existence of probable cause; 2) the court did not abuse of discretion by finding without an evidentiary hearing that his statements to the police were voluntary, as there was an affidavit and a signed Miranda acknowledgment, and defendant’s assertions were unsupported by any references to specific statements he sought to suppress; and 3) the court did not abuse its discretion in denying defendant’s motion for reconsideration as defendant’s affidavit in support of his motion did not respond to the government’s plain view assertions or specify the alleged Miranda violations. Read more…

U.S. 1st Circuit Court of Appeals, July 23, 2009 US v. Rodriguez-Barrios, No. 07-1854
Conviction for committing a carjacking resulting in death is affirmed where: 1) the court properly denied defendant’s motion for acquittal as the evidence was sufficient for a reasonable jury to conclude that defendant had the intent to kill or seriously harm the victim when he took control of her car; 2) the court did not err in excluding tape recordings of the victim as the recordings did not contradict the victim’s hearsay allegations of abuse; 3) the court did not abuse its discretion in refusing to allow defendant to present expert witness testimony regarding the reliability of eyewitness identification; 4) the court did not abuse its discretion denying defendant’s motion for a mistrial as the brief mention of the possibility of a polygraph examination did not warrant a mistrial; and 5) the court erroneously admitted certain statements made by the victim’s friend and mother, but the error was harmless. Read more..! .

U.S. 1st Circuit Court of Appeals, July 23, 2009 US v. Wallace, No. 07-1884 Sentence for armed robbery and other crimes is affirmed where: 1) the district court properly applied the mandate rule and refused to consider defendant’s objection to sentencing enhancement for obstruction of justice based on his perjury as defendant failed to challenge the enhancement in his first appeal and it became the law of the case; 2) the court properly applied the mandate rule to defendant’s objection to the stolen weapons enhancement; 3) defendant’s claim that his use of a dangerous weapon during the robbery was an improper basis for an upward departure and his claim that court’s decision to depart upwardly based on defendant’s disruption of government functions are both barred by the law of the case doctrine; 4) the court did not err in imposing a two-level increase for extreme psychological injury; 5) the court did not abuse its discretion in imposing an upward departure to his sentencing level based on his criminal history; and 6) defendant’s sentence was reaso! nable Continue reading

Update from the Lexis Alert Service,

July 24, 2009
1. People v. Bright, 1010, 5732/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5607; 881 N.Y.S.2d 291; 2009 N.Y. App. Div. LEXIS 5436, July 2, 2009, Decided, July 2, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Eduardo Padro, J.), …

2. People v. Thomas, 985, 5090/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5636; 881 N.Y.S.2d 291; 2009 N.Y. App. Div. LEXIS 5417, July 2, 2009, Decided, July 2, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment of resentence, Supreme Court, New York County, (Carol Berkman, J.), …

3. People v. Coronel, 975, 9516/98, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5629; 881 N.Y.S.2d 293; 2009 N.Y. App. Div. LEXIS 5414, July 2, 2009, Decided, July 2, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Michael R. Ambrecht, …

4. People v. Deoleo, 979, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5632; 881 N.Y.S.2d 292; 2009 N.Y. App. Div. LEXIS 5468, July 2, 2009, Decided, July 2, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Laura Ward, J.), …
Continue reading