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June 15-19, 2009.
U.S. Supreme Court, June 15, 2009 Nijhawan v. Holder, No. 08–495 Petitioner’s removal from the U.S. based on his commission of an “aggravated felony” is affirmed, where the $10,000 threshold in 8 U.S.C. section 1101(a)(43)(M)(i) refers to the particular circumstances in which an offender committed a fraud or deceit crime on a particular occasion, rather than to an element of the fraud or deceit crime.
U.S. Supreme Court, June 18, 2009 District Atty.’s Offc. v. Osborne, No. 08–6 In a 42 U.S.C. section 1983 action seeking the evidence used to convict Defendant of sexual assault for the purposes of DNA testing, summary judgment for Plaintiff is reversed where, assuming Plaintiff’s claims could be pursued using Section 1983, he had no constitutional right to obtain post-conviction access to the State’s evidence for DNA testing.
U.S. Supreme Court, June 18, 2009 Yeager v. US, No. 08–67 In an appeal from the District Court’s order denying Defendant’s motion to dismiss his wire fraud indictment on Double Jeopardy grounds, the order is reversed where an apparent inconsistency between a jury’s verdict of acquittal on some counts and its failure to return a verdict on other counts does not affect the acquittals’ preclusive force under the Double Jeopardy Clause.
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