April 8, 2009
A Service from the ABA Criminal Justice Section, http://www.abanet.org/crimjust
Corley v. United States No. 07-10441
Findlaw Case Summaries: Second Circuit U.S. Court of Appeals 7
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April 7, 2009.
CRIMINAL LAW & PROCEDURE, PER CURIAM US v. Kopp , No. 07-2797 Conviction for intentionally inflicting on a person, because that person was a provider of reproductive health services, an injury resulting in death is affirmed where: 1) district court properly denied defendant’s motion to suppress evidence as untimely, and defendant provided no valid basis for a claim for relief from the Fed. R. Crim. P. rule 12(e) waiver; 2) court did not err when it granted government’s motion to introduce defendant’s statements in redacted form as the redacted portions had no bearing on the jury’s consideration; and 3) the court did not err in precluding defendant from asserting a justification defense and instructing the jury that it was not to consider a justification defense, as the evidence was insufficient to support that defense under any reasonable articulation. ..
Selected Forthcoming Books Related to Criminal Justice
Search limited to forthcoming hardcover books published in english:
Criminal Justice in China: A History
Author: Mühlhahn, Klaus Publisher: Harvard University Press ISBN or UPC: 0-674-03323-X (Active Record)
ABA: Books for Litigators
From the ABA General Practice, Solo and Small Firm Division.
Effective Strategies for Litigators
Convincing the Judge: Practical Advice for Litigators
Position Opening: O’Quinn Law Library University of Houston
Currently we have an opening at the O’Quinn Law Library: the position of Special Projects Librarian. For detailed information please visit: http://www.law.uh.edu/libraries/job%20ads/SpProjLibrn-04-09.htm.
Applicants please send a cover letter, a resume, and the names of three references to: Mon Yin Lung, Associate Director, O’Quinn Law Library, University of Houston, 12 Law Library, Houston, TX, 77204-6054 or mlung@central.uh.edu. Official review of applications begins immediately and continues until the position is filled. The University of Houston is an Equal Opportunity/Affirmative Action employer. Women, minorities, veterans, and individuals with disabilities are encouraged to apply.
PowerPoint Security Bug Found in Microsoft Office 2003
“A new zero-day remote code execution vulnerability has come to light, this time affecting Microsoft Office PowerPoint.
The software giant has issued a security advisory about the potential exploit, which affects older Microsoft Office versions up through Office 2003. The current flagship Office 2007 product is not vulnerable.”
For more details see article by Jabulani Lefall, “PowerPoint Security Bug Found in Office 2003” at:
As Mexico Battles Cartels, The Army Becomes the Law
Posting prepared by Matthew Micka
Thursday, April 2, 2009
Mexican President Felipe Calderón is now deploying nearly 50% (45,000) of his nation’s combat ready troops to wage a war against his nation’s powerful drug traffickers, who supply an estimated 90% of the cocaine entering the United States.
U.S. Supreme Court Update: Harbison v. Bell, Warden
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 that representation. Following Tennessee state courts’ rejection of Petitioner’s conviction and death penalty challenges, a federal public defender had been appointed to represent him in a habeas petition. Upon denial of that petition, counsel sought to continue representing Petitioner in state clemency proceedings since Tennessee does not provide counsel for such proceedings. The District Court had denied the motion, and the 6th Circuit had affirmed.”
Rescuecom Corp. v. Google Inc.
From: Findlaw Case Summaries, Second Circuit U.S. Court of Appeals:
CYBERSPACE LAW, INTELLECTUAL PROPERTY, TRADEMARK
Rescuecom Corp. v. Google Inc. , No. 06-4881
Findlaw Case Summaries: Criminal Law and Procedure 15
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March 30 – April 3, 2009:
U.S. Supreme Court, March 31, 2009 Rivera v. Illinois, No. 07-9995 Provided that all jurors seated in a criminal case are qualified and unbiased, the Due Process Clause does not require automatic reversal of a conviction because of the trial court’s good-faith error in denying the defendant’s peremptory challenge to a juror. Defendant’s murder conviction is therefore affirmed.
U.S. Supreme Court, April 01, 2009 Harbison v. Bell, No. 07-8521 In a capital habeas proceeding, the denial of federal appointed counsel’s motion to expand the scope of her representation to include state clemency proceedings is reversed, where: 1) a certificate of appealability is not required to appeal an order denying a request for federally appointed counsel, because 28 U.S.C. section 2253(c)(1)(A) governs only final orders that dispose of a habeas corpus proceeding’s merits; and 2) because state clemency proceedings are “available” to state petitioners who obtain representation under 28 U.S.C. section 3599(a)(2), the statute’s plain language indicates that appointed counsel’s authorized representation includes such proceedings.
U.S. 1st Circuit Court of Appeals, March 30, 2009 US v. Gonzalez-Ramirez , No. 07-1880 Conviction and sentence for drug crimes is affirmed where: 1) the district court did not abuse its discretion in denying defendant’s motion for a competency hearing and request for a continuance; 2) the court did abuse its discretion in admitting the cocaine and packaging as evidence, or the officer’s testimony related to the evidence; and 3) the evidence was sufficient to support his conviction.
U.S. 1st Circuit Court of Appeals, March 30, 2009 US v. Rivera , No. 07-2675
District court judgment is affirmed where the “did assault and beat” charging language in the criminal complaint sufficed to identify the offense as a violent felony under the Armed Career Criminal Act or a “crime of violence” under the career offender provision of the United States Sentencing Guidelines. Read more…
U.S. 1st Circuit Court of Appeals, April 01, 2009 US v. Marsh , No. 07-1698
Sentence for drug crimes is affirmed where the court was not unreasonable in applying a twelve-month upward departure from defendant’s mandatory minimum sentence, as the court made an informed decision and also stated it would have reached the same result under the U.S. Sentencing Guidelines as it would have in a non-Guideline setting.
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