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  #1  
Old 08-29-2002, 03:02 PM
KConnor56 KConnor56 is offline
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OK EVERYONE, I get legal case law from The US Supreme Court, The District Courts, The Courts Of Appeals, State Superme Courts, State appealete courts, etc. These cases are very interesting & I use many of them in researching cases for some of you. So what I'm going to do is to start posting the cases here. If you want to look at the actual case, then either leave a post, or e-mail me with the date of my post & the names of the parties on the case, ie. Jones V Smith. I will then give you the link to the case. I'm doing this to see how many of you find this info usefull. If we get a good response, David has said we will create a forum for this, & I will then put the link with the case for easier access. Most of these cases being government documents are PDF files, if you can't read PDF files let me know & I'll get you the info on how to read them, it's free, & very easy. Each case will have the parties involved & a short story of what the case is about, & the case law it relates to. I will be making a post every Tuesday, & Thursday with new cases so keep checking back to this thread for new cases. Eventually one or more will pop up that may be of some help to you. Also feel free to check them out even if your just curriouse. Thats what I do, I just check out the ones that catch my eye. Please feel free to e-mail me at [email address removed per PTO Posting Guidelines] & I will gladly give you the link to the case. You will not be bothering, or pestering me. I'm doing this only to see if this is worth expanding.------Ken
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Old 08-29-2002, 03:31 PM
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TURNER v. MILLER (08/21/02 - No. 01-3413)
Eighth Amendment claims for unsafe conditions of confinement at a correctional facility fail, where prison officials did not know of the presence of electrical wires in a shower, and had no information concerning any risk of harm.


CASE v. AHITOW (08/21/02 - No. 01-3564)
Failure of prison guards and officials to protect an inmate from an attack by another inmate could constitute cruel and unusual punishment, where defendants knew of, and could easily have averted, a danger to the plaintiff inmate's safety, yet failed to do so.


ESTATE OF JEFFREY FORD v. RAMIREZ-PALMER (08/23/02 - No. 01-15769)
Corrections officers are entitled to qualified immunity where it would not have been clear to a reasonable officer, knowing what each knew, that their conduct posed such a substantial risk of serious harm to an
inmate that it was unlawful under the Eighth Amendment.



SEARCY v. SIMMONS (08/19/02 - No. 00-3161)
A corrections department's Sexual Abuse Treatment Program (SATP) does
not violate an inmate's Fifth Amendment right against
self-incrimination, and the SATP's admission of responsibility
requirement does not violate the right to free exercise of religion.

PEOPLE v. SANCHEZ (08/19/02 - No. H022692)
The "gang registration" law (Penal Code sections 186.30 and 186.32) 1) is not unconstitutionally vague or overbroad, 2) does not amount to an unreasonable search and seizure or infringe upon the right to remain silent, 3) does not implicate the right to counsel, and 4) does not
constitute cruel and unusual punishment.



US v. MELENDEZ (08/23/02 - No. 01-1733 )
An objectively reasonable person would believe that defendant's mother consented to a search of his bedroom, and that a search of a stereo speaker was within the scope of that consent.


US v. JACKSON (08/22/02 - No. 01-1049)
Because escape amounts to a violent felony under 18 U.S.C. section 924(e), the district court properly sentenced defendant as an armed career criminal.



US v. CICIRELLO (08/21/02 - No. 01-3682)
A sentence enhancement under U.S.S.G. section 2K2.1(b)(5) was improper where no evidence existed as to the circumstances of defendant's sale of firearms, let alone any evidence of his knowledge as to intended use of the firearms.


US v. CARRINGTON (08/22/02 - No. 99-4537)
Though a sentence based on 1) an indictment that failed to specify drug quantity and 2) absence of a jury finding as to quantity, was plain error under Apprendi, sentence is affirmed where evidence of drug quantity justifying the sentence was overwhelming and uncontroverted.



WHITTLESEY v. CONROY (08/23/02 - No. 01-6158)
A Maryland court's determination, that a murder prosecution did not violate double jeopardy after prosecutions for robbery and assault with intent to rob, was not contrary to or an unreasonable application of federal law.

US v. BROWN (08/23/02 - No. 01-30173)
Convictions for making false statements to the FBI are affirmed where any error that the district court may have committed, including
concerning disclosure of FBI interview notes, was harmless.


US v. ORSOLINI (08/20/02 - No. 01-5508)
An examination of the combined impact of all relevant circumstances, including factual inferences drawn by police officers, supported a finding of reasonable suspicion of criminal activity.


HOLLEMAN v. COTTON (08/19/02 - No. 00-3791)
A second habeas petition is dismissed where petitioner could not show cause for failure to raise a claim of ineffective assistance in the first petition, because he never made an inquiry into a conflict claim.

US v. ROLLINS (08/19/02 - No. 01-3921)
Joinder of bank robbery counts did not deprive defendant of a fair trial where all evidence related to separate robberies would have been admissible as "other crimes."


DELLINGER v. BOWEN (08/19/02 - No. 01-2617)
A habeas petitioner's ineffective assistance claim is defaulted where he could not show 1) cause for failure to raise it during
post-conviction relief proceedings in state court, or 2) "actual
innocence."


US v. NOBLE (08/20/02 - No. 01-4287)
No Apprendi violation occurred where a combined consecutive sentence did not exceed the combined maximum for the two counts, but reliable evidence did not support attribution of a portion of drug quantity to defendant.


US v. PARTEE (08/21/02 - No. 01-3439)
Testimony of defendant's associates established a drug quantity attributable to defendant to support an offense level for sentencing, and an obstruction of justice enhancement was proper based on defendant's false statement to a probation officer.

US v. GELINAS (08/20/02 - No. 01-2704)
Imposition of a three-level sentence enhancement was not erroneous, where defendant's supervisory role in a drug conspiracy was not limited to recruiting efforts.



US v. TITLBACH (08/22/02 - No. 01-2761)
A drug conspiracy sentence did not violate Apprendi where the sentence imposed was less than statutory maximum, the drug quantity calculation was not clearly erroneous, and an obstruction of justice enhancement was supported be evidence.



US v. HERNANDEZ (08/22/02 - No. 02-1162)
Evidence established that defendant acted as an intermediary in a drug operation to support a conspiracy conviction, and a motion for bill of particulars was properly denied where he did not show surprise or prejudice.


US v. ROBINSON (08/23/02 - No. 01-3038)
Denial of a 28 U.S.C. section 2255 motion is proper where defendant did not show prejudice in numerous ineffective assistance of counsel allegations.


US v. STALLINGS (08/23/02 - No. 01-3800)
A sentence of life imprisonment under a sentence enhancement is reversed where the court relied on a state conviction that was never entered as a judgment.

US v. CULPS (08/19/02 - No. 00-30169)
The approximation of an amount of marijuana sold under the "multiplier" method, was insufficiently reliable to support a sentence where the average transaction size and days of operation used were clearly erroneous.


US v. LAWRENCE (08/22/02 - No. 01-50229)
The requirement that defendant register as a narcotics offender, using a state statute as a reference, was within the terms of his sentence and did not violate his constitutional rights.



HAMM v. SAFFLE (08/21/02 - No. 02-6026)
A 28 U.S.C. section 2254 petition for a writ of habeas corpus is
procedurally barred where petitioner failed to exhaust state remedies, and did not demonstrate actual innocence.



US v. NEFF (08/22/02 - No. 01-4184)
Handcuffing of defendant during an investigative detention was reasonable where police officers had received a reliable report that he was armed with a particularly dangerous weapon, and the officers had a sound basis for taking stringent precautions until they recovered it.

US v. ALLEN (08/22/02 - No. 00-10108)
Sentencing error occurs where the government alleges a conspiracy of multiple controlled substances (here, cocaine and marijuana), there is no special verdict as to either substance, and the maximum sentences for
an unspecified amount of each substance differ.


PEOPLE v. SANCHEZ (08/19/02 - No. H022692)
The "gang registration" law (Penal Code sections 186.30 and 186.32) 1) is not unconstitutionally vague or overbroad, 2) does not amount to an unreasonable search and seizure or infringe upon the right to remain silent, 3) does not implicate the right to counsel, and 4) does not
constitute cruel and unusual punishment.

PEOPLE v. MAR (08/22/02 - No. S086611)
Principles set forth in People v. Duran, 16 Cal.3d 282, as to physical restraints, apply to a requirement that defendant wear a "stun belt" at trial, and a requirement that defendant wear such a device while testifying on his own behalf was prejudicial error.


PEOPLE v. HURTADO (08/22/02 - No. S082112)
Before committing or recommitting a defendant under the Sexually Violent Predators Act, a finding must be made beyond a reasonable doubt that defendant is likely to commit sexually violent "predatory" behavior upon release, under Welfare & Institutions Code section 6600(e).


PEOPLE v. GARCIA (08/22/02 - No. S097765)
A firearm sentencing enhancement under Penal Code section 12022.53(d) can apply to an aider and abettor under a vicarious liability theory,even where the "shooter" is not convicted.
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Old 08-29-2002, 10:13 PM
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I think this is a wonderful idea Ken. You are doing a great job here.

Joy
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Old 08-30-2002, 08:18 AM
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Ken, thank you so much for working so hard to help others!
If only guys like you came in pocket-size versions...
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Old 08-30-2002, 08:56 AM
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Here are some different kinds of cases & some cases in the news, some of you may find interesting, just drop me a line & I'll give you the link to the case.


UNITED STATES v. NANCY KELLER (August 26, 2002)
Federal Charges Against The Airline Passenger Who Carried A
Loaded .357 Semi-Automatic Gun On To A Plane That Airport
Security Screeners Failed To Detect [PDF]



WHAT YOU NEED TO KNOW ABOUT DRUG TESTING IN SCHOOLS (August 2002) Guidelines From The White House Office Of National Drug Control Policy Urging That Students Found Using Drugs Be Given Treatment And Counseling, Instead Of Just Being Suspended Or Expelled, To Avoid The Growth Of "Drug-Using Dropouts, An Even Bigger Problem." [PDF]


BARRY BONDS' 600TH HOME RUN BALL SUBJECT OF LAWSUIT
Associated Press
First it was No. 73. Now it's No. 600. Barry Bonds' historic home runs keep ending up in court Last October, it was a tussle over Bonds' record-setting 73rd home run of the season - one man got a glove on it, but another took it home. This time, it's a guy who got a ticket to the game after allegedly promising fellow workers to split any profits if he caught Bonds' 600th career home run ball. Three former friends are suing Jay Arsenault, a 36-year-old carpenter from Vacaville, who caught the ball on Aug. 9, in the bleachers of Pacific Bell Park. They claim he reneged on a promise to share the wealth.
Read The Complaint (Fisher, et al. v. Arsenault) [PDF
Read The Temporary Restraining Order (Fisher, et al. v. Arsenault)


RUSSIAN INDICTED IN OLYMPIC SCHEME
Reuters
A U.S. grand jury indicted a reputed Russian mobster on Wednesday for allegedly fixing 2002 Winter Olympic figure skating competitions in a move that paves the way for the U.S. government to seek his extradition from Italy. The Manhattan U.S. attorney's office said it will file papers with Italy in September seeking custody of Alimzhan
Tokhtakhounov, who was arrested by Italian authorities in July on a complaint filed by New York prosecutors. The five-count indictment expanded charges contained in the earlier complaint and allowed for a trial in the United States


WILLIAMS CO-DEFENDANT PLEADS GUILTY
Associated Press
A second man pleaded guilty Thursday to helping cover up Jayson Williams' role in a Valentine's Day shooting death and will testify against the former NBA star. In a deal with prosecutors, John W. Gordnick, 44, pleaded guilty to tampering with evidence and will avoid jail time.
Read The Original Indictment (State of New Jersey v. Jayson S. Williams and John W. Gordnick)


FORMER NBA PLAYER PLEADS GUILTY TO KIDNAPPING
Former NBA forward Sylvester "Sly" Williams pleaded guilty Aug. 19 to kidnapping charges just before jury selection was to begin for his trial. Williams, 44, was charged with first-degree rape, sodomy and first-degree kidnapping for allegedly holding a woman captive for about 24 hours and threatening her with a knife in September 2001. He was
also accused of raping a second woman in January. The two cases were consolidated.



DONAHUE LOSES RULING ON RERUNS
Associated Press
Phil Donahue doesn't get first dibs when it comes to buying the rights to reruns of his former show A judge ruled against the talk show host last week, saying Donahue lost the right to be first to buy when his contract with the owners of the show expired in 1996

PUBLICIST PLEADS GUILTY IN CAR CRASH
Associated Press
Lizzie Grubman, a New York publicist with a star-studded roster of clients, pleaded guilty Friday in a hit-and-run crash that injured 16 people outside a Hamptons nightclub. The judge indicated that Grubman, 31, will receive two months in jail, 280 hours of community service and five years' probation. Grubman, who pleaded guilty to third-degree
assault and leaving the scene of an accident, had faced a maximum sentence of seven years behind bars if convicted of all 26 charges in the original indictment. . . The bouncer, Scott Conlon, claimed Grubman called him "white trash" before slamming her SUV into reverse and driving into the crowd.
Read A Club Bouncer's Civil Suit Filed Against Grubman [PDF]



UNITED STATES v. EARNEST JAMES UJAAMA. (Aug. 28, 2002) Federal Grand Jury Indictment Charging An American From Seattle With Conspiring To "Provide Material Support And Resources To al Qaeda, Including Bringing Computer Equipment To al Qaeda terrorist training Camps, And With Firearms Charges. [PDF]

UNITED STATES v. SCOTT D. SULLIVAN and BUFORD YATES, JR.(Aug. 28, 2002) Federal Grand Jury Indictment Of WorldCom's Former CFO And The Telecom Company's Former Director General Of Accounting On Various Securities Fraud Charges [PDF]

VADIM LEVIN and ALEX SHEYNGIS v. GENERAL MEDIA COMMUNICATIONS, INC. (Aug. 26, 2002) Class Action Lawsuit By Penthouse Magazine Readers Alleging That They Were Duped Into Buying Issues Of The Magazine That Did Not
Have Nude Copies Of Tennis Star, And Asserting Claims For
Breach Of Contract, Consumer Fraud, And Breach Of Express
Warranty [PDF]

UNITED STATES v. ZACARIAS MOUSSAOUI (August 23, 2002)
Court Order Denying Defendant's Motions For Access To Classified Discovery Materials, Concluding That "The United States' Interest In Protecting Its National Security Information Outweighs The Defendant's Desire To Review The Classified Discovery." [PDF]

IN RE: FOREIGN INTELLIGENCE SURVEILLANCE COURT (May 17, 2002) Newly Released Memorandum Opinion And Orders Concluding That The Dept. Of Justice Misled The Foreign Surveillance Intelligence Court In At Least 75 Top-Secret Warrant Requests That Sought To Conduct Electronic Surveillance [PDF]
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Old 08-30-2002, 09:11 AM
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OK, back to the serious stuff.


CRIMINAL LAW & PROCEDURE, EVIDENCE
CITY OF LOS ANGELES v. THE SUPERIOR COURT OF LOS ANGELES COUNTY (BRANDON), No S093628 (Cal. August 26, 2002) Evidence Code section 1045(b)(1)'s five-year limitation on court-ordered discovery of citizen complaints against police officers does not, on its face, violate the due process of defendant, charged with sexually molesting a minor.



CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
IN RE ANDREWS, No S017657 (Cal. August 26, 2002)
Petition for writ of habeas corpus is denied and the order to show cause is discharged, where plaintiff, convicted of multiple drug-related murders, received adequate assistance of counsel.


CRIMINAL LAW & PROCEDURE, SENTENCING, HABEAS CORPUS
HAYES v. WOODFORD, No. 99-99030 (9th Cir. August 26, 2002) The failure to investigate and present as mitigating evidence the defendant's mental health, family history, and chemical dependency, was not unreasonable and did not rise to the level of ineffective assistance of counsel.


CRIMINAL LAW & PROCEDURE, EVIDENCE
US v. ALARCON-SIMI, No. 01-30281 (9th Cir. August 27, 2002) An exculpatory post-arrest statement, relating to earlier events, was not admissible as an excited utterance under Federal Rule of Evidence 803(2). Fact that one juror's response was not audible to a transcriber does not demonstrate that jury verdict lacked unanimity

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
KELLY v. SMALL, No. 99-56673 (9th Cir. August 27, 2002)
A habeas petitioner did file a "mixed" petition before the district court, although only two of his claims were unexhausted, thus on remand the court must offer petitioner the opportunity to dismiss those two claims and proceed on the merits of the others.


CRIMINAL LAW & PROCEDURE, SENTENCING
BEATY v. STEWART , No. 00-99007 (9th Cir. August 27, 2002)
A capital appeal is remanded for an evidentiary hearing as to whether a confession obtained by a jail psychiatrist was voluntary under the Fifth Amendment, based on petitioner's claimed reasonable belief that statements were protected by the state's confidentiality agreement.


CRIMINAL LAW & PROCEDURE, SENTENCING
US v. JIMENEZ, No. 01-50597 (9th Cir. August 27, 2002)
Evidence did not show that a drug defendant brought her son along to use as a decoy, thus a sentence enhancement for use of a minor in the commission of a crime was clearly erroneous. Obstruction of justice enhancement was improper absent a showing that false testimony was material.


CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE
US v. ELDER, No. 00-10143 (9th Cir. June 07, 2002)
Defendant's due process rights were not violated when lead defense counsel was removed from the courtroom after being warned about yelling at the court and making sarcastic remarks. (Amended opinion)

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
US v. MONREAL, No. 01-50203 (9th Cir. August 28, 2002)
A motion to enforce an oral plea agreement was properly dismissed for lack of jurisdiction, to the extent it challenged a conviction in a district court in California, whether construed as an untimely 28 U.S.C. section 2255 petition or a writ of error coram nobis.




CRIMINAL LAW & PROCEDURE, SENTENCING
US v. GAMEZ, No. 00-10307 (9th Cir. August 29, 2002) The murder cross-reference of U.S.S.G. section 2D1.1(d)(1) can apply to enhance a sentence for drug-related conspiracy when the murder was both foreseeable and in furtherance of the conspiracy, although defendant was acquitted of murder and the sentencing court specifically found that he did not commit murder.
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Old 08-30-2002, 10:40 PM
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This is wonderful...thank you for the time and research involved. Anything your can find on the Alfred plea would be wonderful.

Hugs...and God Bless,

Adelle
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Old 08-31-2002, 12:56 AM
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What is the Alfred plea?
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Old 09-03-2002, 09:58 AM
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Sept 3, 2002 entries.

Constitutional Case Law

U.S. 8th Circuit Court of Appeals
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US v. REA (08/26/02 - No. 01-2177)
Following conditional guilty plea and appeal remanding case to district court, subsequent district court proceeding is not double jeopardy because proceeding was continuation of jeopardy. Church annex damaged by defendant was actively employed for commercial purpose, but there was
insufficient evidence to conclude the annex was used directly in the stream of interstate commerce or in any activity affecting interstate commerce, as required under 18 U.S.C. section 844(i).

RAHMAN X v. MORGAN (08/27/02 - No. 01-2961)
Prison officials had a rational reason for housing a prisoner in a more secure cell, and officials' action in doing so (and the confinement itself) did not violate his equal protection or due process rights.

US v. KOONS (08/29/02 - No. 01-3177)
Police officers acted in objective good faith under Leon in executing a search, based on a review of the totality of the circumstances. 21 U.S.C. section 860(a), increasing the penalty for drug trafficking near a school or playground, is constitutional under the Commerce Clause.


U.S. 9th Circuit Court of Appeals
-----------------------------------------------------------------------
SAMMARTANO v. FIRST JUDICIAL DISTRICT COURT, COUNTY OF CARSON CITY
(08/26/02 - No. 01-16685)
Where plaintiffs, who were denied access to a government building after refusing to remove clothing bearing symbols of motorcycle organizations, demonstrated both probable success on the merits and irreparable harm, a preliminary injunction in their action under 42 U.S.C. section 1983 was
improperly denied.


Criminal procedure case law


U.S. 1st Circuit Court of Appeals
-----------------------------------------------------------------------
US v. ACOSTA (08/30/02 - No. 01-2224)
Calculation of an offense level, by including credit card charges that the government did not prove defendant personally made, was not error. District court was not barred from using suppressed evidence in calculating restitution as part of defendant's sentence.


U.S. 2nd Circuit Court of Appeals
-----------------------------------------------------------------------
US v. REYES (08/26/02 - No. 01-1258)
Where evidence was sufficient that a reasonable jury could conclude the defendant intentionally joined a conspiracy to transport stolen airbags, and that he either knew the airbags were stolen or consciously avoided confirming that fact, case remanded for reinstatement of the jury's verdict.



US v. RICHARDS (08/27/02 - No. 01-1144/1314/1315)
Convictions and sentences are affirmed where 1) an offense alleged in an indictment was the same as that for which defendant was convicted, 2) evidence established aiding and abetting possession, 3) attribution of drug quantity was correct, and 4) conspiracy evidence was sufficient.



RYAN v. MILLER (08/28/02 - No. 01-2122)
A police officers' testimony was hearsay containing an implicit
accusation against petitioner, in violation of the Confrontation
Clause, and a state court unreasonably applied clearly established Supreme Court precedent in denying petitioner's Sixth Amendment claim.

U.S. 3rd Circuit Court of Appeals
-----------------------------------------------------------------------
US v. JOHNSON (08/26/02 - No. 00-2165 / 01-2529)
The district court's finding, that a due process violation occurred when the prosecutor asked a question that implicated defendant's post-arrest, post-Miranda silence, was erroneous under Greer v. Miller, 483 U.S. 756 (1987).


U.S. 5th Circuit Court of Appeals
-----------------------------------------------------------------------
US v. REEDY (08/26/02 - No. 01-11042)
The rule of lenity requires sentencing for child pornography under 18 U.S.C. section 2252 based on the number of websites as the relevant "unit of prosecution," rather than on the number of individual images


This case will be appealed as I believe it's a bad decision, based on previous Aprendi rullings.----Ken
US v. RANDLE (08/26/02 - No. 97-20360)
Although an indictment failed to allege drug quantity, and a resulting sentence exceeded the "core" maximum, resentencing is not necessary under a plain error standard where overwhelming evidence linked defendant and co-conspirators to large quantities of crack cocaine.


U.S. 6th Circuit Court of Appeals
-----------------------------------------------------------------------
HUTCHISON v. BELL (08/29/02 - No. 01-5214)
A capital defendant's claim that the prosecution withheld material exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83, is unavailing because it has been procedurally defaulted and because he cannot demonstrate cause or prejudice for the default



US v. TRUMAN (08/29/02 - No. 01-5072)
When a defendant moves for a downward departure based on cooperation which does not involve the investigation or prosecution of another person, U.S.S.G. section 5K1.1 does not apply and the sentencing court is not precluded from considering the defendant's arguments solely because the government has not made a motion to depart.

U.S. 7th Circuit Court of Appeals
-----------------------------------------------------------------------
US v. CEBALLOS (08/27/02 - No. 01-3715/6/7/8, 01-4007/8/4021/4095)
The government is not required to prove that defendants intended to use a minor to shield themselves from prosecution in order to impose a sentence enhancement under U.S.S.G. section 3B1.4. Multiple appeals from drug conspiracy and money laundering convictions rejected.

US v. KNOX (08/28/02 - No. 01-3000)
Admission of evidence of nine "bad acts" (prior drug transactions) under Federal Rule of Evidence 404(b) was proper to prove knowledge of possession and intent to distribute crack cocaine.

US v. MANSOORI (08/29/02 - No. 99-1492/3533/3569/3570/3623)
Drug convictions are affirmed, but 1) sentence is remanded for determination whether alleged diminished mental capacity calls for a downward sentence departure, and 2) a restitution order under 18 U.S.C. section 3663(c) was plain error where payment of a fine was not ordered.


WILLIAMS v. DAVIS (08/29/02 - No. 01-4225)
An ineffective assistance of counsel claim fails where facts which petitioner argues competent counsel would have presented at trial were in fact known by the jury when it recommended the death penalty, and petitioner would have been sentenced to death absent blood evidence.


COLLIER v. DAVIS (08/29/02 - No. 01-1742)
State's alleged failure to disclose an understanding or informal agreement of leniency in exchange for a key witness's testimony was not shown to have violated Brady v. Maryland, 373 U.S. 83.

U.S. 8th Circuit Court of Appeals

RAMOS v. WEBER (08/27/02 - No. 01-4023)
Trial counsel's failure to request a psychological assessment of defendant's rehabilitation potential during state court sentencing proceedings was not ineffective assistance of counsel. Life sentence for first-degree manslaughter did not violate Eighth Amendment


US v. ALCARAS-NAVARRO (08/28/02 - No. 01-3789/3819)
Defendants' prior convictions were aggravated felonies under U.S.S.G. sections 2L1.2(b)(1)(A)-(C), and the district court did not err in imposing sixteen-level enhancements in sentencing defendants for illegally reentering the U.S. following deportation for a felony.


US v. ESPINOSA (08/29/02 - No. 01-3397)
Evidence supported a conviction for carrying a weapon in relation to a drug trafficking crime, and the district court did not err in denying a motion for continuance made less than a week before trial.


US v. REPLOGLE (08/30/02 - No. 02-1412)
A warrantless search pursuant to a state order of probation was reasonable, even when defendant refused consent.


U.S. 9th Circuit Court of Appeals
-----------------------------------------------------------------------
HAYES v. WOODFORD (08/26/02 - No. 99-99030)
The failure to investigate and present as mitigating evidence the defendant's mental health, family history, and chemical dependency, was not unreasonable and did not rise to the level of ineffective assistance of counsel.


US v. ALARCON-SIMI (08/27/02 - No. 01-30281)
An exculpatory post-arrest statement, relating to earlier events, was not admissible as an excited utterance under Federal Rule of Evidence 803(2). Fact that one juror's response was not audible to a transcriber does not demonstrate that jury verdict lacked unanimity.


BEATY v. STEWART (08/27/02 - No. 00-99007)
A capital appeal is remanded for an evidentiary hearing as to whether a confession obtained by a jail psychiatrist was voluntary under the Fifth Amendment, based on petitioner's claimed reasonable belief that statements were protected by the state's confidentiality agreement


KELLY v. SMALL (08/27/02 - No. 99-56673)
A habeas petitioner did file a "mixed" petition before the district court, although only two of his claims were unexhausted, thus on remand the court must offer petitioner the opportunity to dismiss those two claims and proceed on the merits of the others.


US v. JIMENEZ (08/27/02 - No. 01-50597)
Evidence did not show that a drug defendant brought her son along to use as a decoy, thus a sentence enhancement for use of a minor in the commission of a crime was clearly erroneous. Obstruction of justice enhancement was improper absent a showing that false testimony was material.


US v. GAMEZ (08/29/02 - No. 00-10307)
The murder cross-reference of U.S.S.G. section 2D1.1(d)(1) can apply to enhance a sentence for drug-related conspiracy when the murder was both foreseeable and in furtherance of the conspiracy, although defendant was acquitted of murder and the sentencing court specifically found that he did not commit murder.


U.S. 10th Circuit Court of Appeals
-----------------------------------------------------------------------
SCOTT v. MULLIN (08/26/02 - No. 00-7103, 00-7106)
Where defendant was convicted of first-degree murder and sentenced to death, the grant of habeas relief is affirmed on the ground that the prosecution suppressed material evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963).


POWELL v. RAY (08/28/02 - No. 01-7125)
Denial of a habeas petition is proper where petitioner failed to show that the elimination of a pre-parole supervised release program created more than a speculative risk that his prison term would be increased, and his ex post facto claim must fail.


U.S. 11th Circuit Court of Appeals
-----------------------------------------------------------------------
US v. PROUTY (08/27/02 - No. 01-15273)
Denial of the right of allocution is reversible error where the court did not impose the lowest sentence under the guidelines. Court may not delegate the judicial function of setting a schedule for a prisoner to pay restitution or fines under the Mandatory Victims Restitution Act.


California Appellate Districts
-----------------------------------------------------------------------
MILLER v. THE SUPERIOR COURT OF ORANGE COUNTY (PEOPLE) (08/28/02 - No. G029632) Denial of a motion to dismiss a third indictment was proper under Penal Code section 1387, permitting a third filing where 1) prior dismissal
was due to excusable neglect and 2) prosecutorial conduct did not amount to bad faith.


Supreme Court of California


IN RE ANDREWS (08/26/02 - No. S017657)
Petition for writ of habeas corpus is denied and the order to show cause is discharged, where plaintiff, convicted of multiple
drug-related murders, received adequate assistance of counsel.

Supreme Court of Texas
-----------------------------------------------------------------------
CAMPBELL v. STATE OF TEXAS (08/29/02 - No. 01-1185)
Medical certificates described in the Mental Health Code were not a prerequisite to a trial court hearing under Texas Code of Criminal Procedure article 46.03 section 4(d)(5), to determine whether defendant should be released from his commitment.
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Old 09-03-2002, 12:41 PM
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Holy hunkydoodleo, Ken.

Forget writing a book. You should go into LAW!

Funny you should post all this.

TODAY I need a LABOUR LAWYER with experience in Canada, in Worker's Safety and Employment Legislation.

But you undoubtedly can't help... But it sure FEELS like if you could help, you'd be GREAT!

Dang.

Love,
Menolly
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Old 09-03-2002, 01:08 PM
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ken

I AGREE WITH MENOLLY.... YOU NEED TO PURSUE A LAW DEGREE AND DO A REAL DEFENSE OF PERSONS WHO NEED A REAL LAWYER...

YOU HAVE SPENT HOURS RESEARCHING THESE CASES... GOOD JOB KEN..

DONNA
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Old 09-03-2002, 01:41 PM
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Degree or not, I can't see where anyone wouldn't want you on there case!

You sure do have a craving for such knowelege.

I hope you have a backup system, for your law research? If not, PM or email me and we can talk about it.
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Old 09-05-2002, 02:53 PM
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My you've been busy Ken...Awesome job and great resources, I can't wait to take some time and look at a few of these.

I have one for you...How about Crane v. Kansas...it was decided in Feb of 2002. I don't have the decision no. with me, but I did a brief for one of my classes and I actually had a discussion about civil commitment laws and rights with our State Chief of Public Defender. He was the public defender for the 'woodchipper murderer' here in Connecticut...but thats another story. Although we don't have a sexual offender committment law here, he is afraid that it will not be to far off in the future.

Anyway, it's an interesting case.

Keep up this much needed work, you are awesome at it!
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Old 09-05-2002, 03:05 PM
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PEOPLE OF THE STATE OF NEW YORK v. ALBRECHT STROMEYER (Sept. 1, 2002) Criminal Charges Against The Man Charged With Stalking Tennis Star Serena Williams At The U.S. Open

ONE YEAR LATER -- THE FISCAL IMPACT OF 9/11 (Sep. 4, 2002) Report From New York City's Comptroller On How September 11th Affected The City's Economy

IN RE: MILTON HERSHEY TRUST (Sept. 4, 2002)
Court Decree Barring The Sale Of The Well-Known Chocolate Company Pending Resolution Of The Litigation

UNITED STATES v. ZACARIAS MOUSSAOUI Court Order Concluding That Accused Sept. 11th Conspirator Is Trying To Use The Court As A Vehicle For Rhetoric And Polemics
In Order To Send Messages To Co-consiprators Or Sympathizers And Evade Special Administrative Measures That The Federal Bureau Of Prisons Previously Placed Upon Him (Aug. 29, 2002

COMMONWEALTH OF PENNSYLVANIA v. JOSEPH P. KIRKNER, IV (Aug. 29, 2002) A Pennsylvania Supreme Court Opinion That Reverses A Lower Court Ruling That Would Have Permitted A Trial Judge To Avoid Testifying
Against Her Husband Who Was Charged With Spousal Abuse

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS

CAMPBELL v. RICE, No. 99-17311 (9th Cir. September 04, 2002) A habeas petitioner's due process rights were violated when he was excluded from an in-chambers hearing on defense counsel's potential conflict of interest, and such violation was a structural error which was prejudicial per se

US v. LARSON, No. 00-10609 (9th Cir. September 04, 2002) Defendant's having entered into a stipulation, admitting all elements of the crimes charged, moots a challenge to a suppression ruling only if the stipulation was entered into voluntarily, and with knowledge of the consequences to any appeal.


PEOPLE v. TROTTER, No. B149459 (Cal. 2d App. Dist. September 04, 2002) The improper discharge of one juror for allegedly failing to deliberate did not discharge the jury as a whole prior to verdict, and thus does not implicate double jeopardy principles where the substituted juror is a duly sworn alternate selected with the other jurors before trial.
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Old 09-05-2002, 06:08 PM
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Ken, can you help me find out what, if any cases have been taken to the Florida Supreme court challenging the Jimmy Ryce Act??? I saw something about something like this in one of the earlier posts in this thread, but I really need something definite.

thanks
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Old 09-05-2002, 07:11 PM
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Wow...

Ken's been busy while I've been away from PTO, huh?

Great stuff you have going here, but my eyes are way too tired to read through the cases now. I'll definitely have to check back on this thread!

Mstryzone@aol.com
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Old 09-05-2002, 07:24 PM
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Pamela,

I sent you some info on the case, & the case itself. There is more info on it, but I don't know if you need it. Just let me know---------Ken
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Old 09-05-2002, 07:45 PM
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Tracy,

I did a lot of research, & I found out alot of info on the act, but the only case I came across that relates to it is the Otte case in Alaska, that has to do with a guy challenging the requirement to report ex post facto (after the fact of conviction). I believe this case has worked it's way up to the supreme court. I have the appelate decision but thats all. If you want me to send you some of the info I have on the Jimmy Ryce Act let me know--------Ken
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Old 09-07-2002, 10:02 PM
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KEN,
Wonderful job!!!!!!!!
Stacey
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Old 09-09-2002, 12:09 PM
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I really think this is a great idea and full of information.what am looking for is some type of law or an appeal that refer to consective sentence and which case the incident happen all at one time. Can you help me with that?
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Old 09-09-2002, 01:16 PM
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LaTonya,

I Will get some stuff for you, & send it too you. When it comes to consecutive, & concurrent sentences, most judges look at wether there was enough time between the two crimes for the person to think, & stop his actions. If there was time to do this "In the judges mind" they will usually run them consecutive. I will give you an example.
If a guy robs a store & ends up shooting the clerk. The judge will see this as all part of the same crime, with not enough time between the actual robbery & the shooting as to give the guy time to think about his actions & to stop. So he would run the robbery charge concurrent with the shooting charge.
Now if a guy robs a store, & drives down the street & robs another store 5 min later sorry two different crimes. Or if a guy robs a store & as he leaves he is pulled over & decides to run from the cops, most judges will see this as seperate.
Also any & all sentence enhancements have to be ran consecutive. Now there are some fine points in the law that a good lawyer can make an arguement on & thats were most of these cases are. Being that it can be subjective, in it depends on how a judge views it, most appeleate courts, don't over rule a judge unless the evidence is faily clear. So these cases are very specific, relying on the fine details of the specfics of your old mans case. I'll send you info on it, but in these cases it's hard for other cases to be of much help in your specific case. If you have any more questions just post them, or e-mail me.--------Ken
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Old 09-11-2002, 09:40 AM
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I just realized that today is wednesday, & I was supposed to post this yesterday. I'm sure you all have just been sitting on the edge of your seats, & chompping at the bit waiting for me to post these next cases, LOL. Well here is the next installment in what the legal community has been up to.-----Ken

ASTHON, ET AL. v. AL QAEDA, ET AL. (Sept. 3, 2002)
Lawsuit By Families Of 9/11 Victims Charging That Iraq Knew Of, And Conspired With Al Qaeda, Before The Terrorist Attacks Occurred [PDF]http://news.findlaw.com/hdocs/docs/terrorism/ashtonalq90302cmp.pdf


UNITED STATES v. MAYCE EDWARD CHRISTOPHER WEBBER III, ET AL. (Sept. 9, 2002)
Indictment Of Sacramento Kings' And Former Univ. Of Michigan Wolverines Basketball Star Chris Webber On Charges Of Obstructing Justice And Lying To A Federal Grand Jury That Was Investigating Convicted Former U-M Athletic Booster For Money Laundering [PDF]
http://news.findlaw.com/hdocs/docs/s...er90902ind.pdf


INQUIRY REFERRAL TO DEPT. OF JUSTICE RE: MARTHA STEWART (Sept. 10, 2002)
House Committee On Energy And Commerce's Letter To The Dep't. Of Justice Requesting That They Investigate Martha Stewart For Potential Violations Of The Federal False Claims Act In Connection With Representations That May Have Been Made To The Committee During Its ImClone Investigation [PDF]
http://news.findlaw.com/hdocs/docs/m...1002dojltr.pdf


JUDGE: YES SUIT GOES ON Newsday
The nasty feud between Cablevision and the YES Network moved a step closer [Wednesday] to being played out in federal court. In a 46-page ruling, U.S. District Judge Deborah Batts denied Cablevision's request to dismiss a suit by YES. The suit, filed in April, accuses Cablevision, New York's largest cable television operator, of violating
antitrust laws by blocking the distribution of Yankees baseball games.
http://www.newsday.com/business/ny-y...507sep05.story

Read The Opinion (Yankees Entertainment and Sports Network, LLC v. Cablevision Systems Corp. and CSC Holdings, Inc.) [PDF}
http://news.findlaw.com/hdocs/docs/c...sn90402opn.pdf

ACTRESS: AGEISM PLAGUES HOLLYWOOD Associated Press Age discrimination is rife within Hollywood and marketing, and it should be treated like biases against race and gender, actress Doris Roberts told a congressional panel Wednesday. "I'm at the peak of my life," said Roberts, 71, who plays the mother of the title character on
CBS' "Everybody Loves Raymond." "When my grandchildren say I rock, they're not talking about a rocking chair."
http://news.findlaw.com/ap/e/1401/9-...110006_17.html



'STONE COLD' DROPS DIVORCE REQUEST Associated Press The pro wrestling star known as "Stone Cold" Steve Austin, facing a misdemeanor charge that he assaulted his wife earlier this year, has dropped divorce proceedings. The San Antonio resident had filed for divorce from Debra Gale Williams in July in an attempt to end their two-year marriage.
http://news.findlaw.com/ap/e/1401/9-...103006_30.html


AUTHOR CRICHTON'S WIFE SEEKS DIVORCE
Associated Press
Citing irreconcilable differences, the wife of "Jurassic Park" author Michael Crichton is seeking a divorce to end their 13-year marriage. Anne Marie Martin Crichton and her husband have lived apart since August 2001, when they moved from Bedford, N.Y., to Santa Monica, according to documents filed Thursday in Los Angeles County Superior
Court. Anne Crichton asked the court to ratify a previous agreement dividing the couple's property.
http://news.findlaw.com/ap/e/1404/9-...123003_18.html


NEW PC'S RESTRICT COPYING ZDNet
Microsoft and Hewlett-Packard on Tuesday released additional details about digital entertainment PCs coming for the holidays. But new anti-copying technology could hamper sales, say analysts and potential buyers.
http://zdnet.com.com/2100-1103-956285.html


NEWSPAPER: GANG MEMBER KILLED TUPAC
Associated Press
A Los Angeles Times investigation into the long-unsolved murder of Tupac Shakur concluded that his killer likely was a gang member who used a pistol provided by rival rapper the Notorious B.I.G. No arrests have been made in Shakur's death following the Sept. 7, 1996 shooting near the Las Vegas Strip.
http://news.findlaw.com/ap/o/1110/9-...033005_40.html

HOW VEGAS POLICE PROBE FOUNDERED
Los Angeles Times
Six years ago [last Saturday], rap and film star Tupac Shakur was fatally wounded in a drive-by shooting on a crowded street a block from the Las Vegas Strip. Despite the public setting and the victim's notoriety, no one has ever been arrested for the killing. Shakur's family, many of his followers and some black entertainers cite the case
as evidence of a double standard in the justice system. Had a white celebrity been gunned down in the open, they contend, police would have found those responsible without delay. Las Vegas police say their investigation stalled not for lack of effort, but because witnesses in
Shakur's entourage refused to cooperate. That, however, is only part of the explanation. A Times review found that police committed a string ofcostly missteps. . .
(Free registration and 'cookies' required)
http://www.latimes.com/news/nationwo...ac7sep07.story
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PROSECUTORS PROBE FILM PERMIT AGENCY
Associated Press
Prosecutors are investigating whether officials with the agency that issues local film permits misused public funds for expenses such as trips to the Caribbean and tickets for professional sporting events. No charges have been filed, but prosecutors have searched the offices of the Entertainment Industry Development Corp. and the home of its president, seizing financial records.
http://news.findlaw.com/ap/e/1402/9-...50010_011.html


Here is some research that some of you may be interested in checking out. Some of it is old, but I'm just passing on what is sent to me.---------Ken

Criminal Victimization 2001: Changes 2000-2001 with Trends 1993-2001 Bureau of Justice Statistics. 00/2002
dropped 10% in 2001; to half the rate it was in 1973 when the survey began
http://www.ojp.usdoj.gov/bjs/abstract/cv01.htm
(added: 9-Sep-2002)
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Women in Prison
Bureau of Justice Statistics. 03/1994
http://www.ojp.usdoj.gov/bjs/abstract/wopris.htm
(added: 7-Sep-2002)
-------------------------------------------------------------------
Workplace Violence, 1992-96
Bureau of Justice Statistics. 07/1998
http://www.ojp.usdoj.gov/bjs/abstract/wv96.htm
(added: 7-Sep-2002)
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Young Black Male Victims
Bureau of Justice Statistics. 12/1994
http://www.ojp.usdoj.gov/bjs/abstract/ybkml.htm
(added: 7-Sep-2002)
------------------------------------------------------------------
Prior Abuse Reported by Inmates and Probationers
Bureau of Justice Statistics. 04/1999
http://www.ojp.usdoj.gov/bjs/abstract/parip.htm
(added: 7-Sep-2002)
-------------------------------------------------------------------
School Crime, 1991
Bureau of Justice Statistics. 09/1991
Analyzes the experiences of U.S. students in grades 6-12
http://www.ojp.usdoj.gov/bjs/abstract/sc.htm
(added: 7-Sep-2002)
-------------------------------------------------------------------
Sex Differences in Violent Victimization, 1994
Bureau of Justice Statistics. 09/1997
http://www.ojp.usdoj.gov/bjs/abstract/sdvv.htm
(added: 7-Sep-2002)
-------------------------------------------------------------------
Sex Offenses and Offenders
Bureau of Justice Statistics. 02/1997
http://www.ojp.usdoj.gov/bjs/abstract/soo.htm
(added: 7-Sep-2002)
-------------------------------------------------------------------
Sexual Assault of Young Children as Reported to Law Enforcement: Victim, Incident, and Offender Characteristics
Bureau of Justice Statistics. 07/2000
http://www.ojp.usdoj.gov/bjs/abstract/saycrle.htm
(added: 7-Sep-2002)
-------------------------------------------------------------------
Sheriffs' Offices 1999
Bureau of Justice Statistics. 05/2001
http://www.ojp.usdoj.gov/bjs/abstract/so99.htm
(added: 7-Sep-2002)
-------------------------------------------------------------------
Spouse Murder Defendants in Large Urban Counties
Bureau of Justice Statistics. 05/1995
http://www.ojp.usdoj.gov/bjs/abstract/spousmur.htm
(added: 7-Sep-2002)
-------------------------------------------------------------------
State Court Organization 1998
Bureau of Justice Statistics. 06/2000
http://www.ojp.usdoj.gov/bjs/abstract/sco98.htm
(added: 7-Sep-2002)
-------------------------------------------------------------------
State Prison Expenditures, 1996
Bureau of Justice Statistics. 08/1999
presents comparative data on the cost of operating the Nation's State prisons
http://www.ojp.usdoj.gov/bjs/abstract/spe96.htm
(added: 7-Sep-2002)
-------------------------------------------------------------------
Students' Report of School Crime: 1989 and 1995
Bureau of Justice Statistics. 04/1998
http://www.ojp.usdoj.gov/bjs/abstract/srsc.htm
(added: 7-Sep-2002)
-------------------------------------------------------------------
Substance Abuse and Treatment of Adults on Probation, 1995
Bureau of Justice Statistics. 03/1998
http://www.ojp.usdoj.gov/bjs/abstract/satap95.htm
(added: 7-Sep-2002)
-------------------------------------------------------------------
Survey of State Prison Inmates, 1991
Bureau of Justice Statistics. 03/1993
http://www.ojp.usdoj.gov/bjs/abstract/sospi91.htm
(added: 7-Sep-2002)
-------------------------------------------------------------------
Time Served in Prison by Federal Offenders, 1986-97
Bureau of Justice Statistics. 06/1999
Describes changes in sentences imposed and time served brought about by the Sentencing Reform Act of 1984
http://www.ojp.usdoj.gov/bjs/abstract/tspfo97.htm
(added: 7-Sep-2002)
-------------------------------------------------------------------
Trends in Juvenile Violence and the 1997 Update
Bureau of Justice Statistics. 11/1997
http://www.ojp.usdoj.gov/bjs/abstract/tjvfox.htm
(added: 7-Sep-2002)
-------------------------------------------------------------------
Urban, Suburban, and Rural Victimization, 1993-98
Bureau of Justice Statistics. 10/2000
http://www.ojp.usdoj.gov/bjs/abstract/usrv98.htm
(added: 7-Sep-2002)
-------------------------------------------------------------------
Use of Force By Police: Overview of National and Local Data
Bureau of Justice Statistics. 10/1999
http://www.ojp.usdoj.gov/bjs/abstract/ufbponld.htm
(added: 7-Sep-2002)
-------------------------------------------------------------------
Violence-Related Injuries Treated in Hospital Emergency Departments
Bureau of Justice Statistics. 08/1997
http://www.ojp.usdoj.gov/bjs/abstract/vrithed.htm
(added: 7-Sep-2002)
-------------------------------------------------------------------
Violence Against Women: Estimates from the Redesigned National Crime Victimization Survey
Bureau of Justice Statistics. 08/1995
http://www.ojp.usdoj.gov/bjs/abstract/femvied.htm
(added: 7-Sep-2002)
-------------------------------------------------------------------
Violence and Theft in the Workplace
Bureau of Justice Statistics. 07/1994
http://www.ojp.usdoj.gov/bjs/abstract/thefwork.htm
(added: 7-Sep-2002)
-------------------------------------------------------------------
Violence between Intimates
Bureau of Justice Statistics. 11/1994
http://www.ojp.usdoj.gov/bjs/abstract/vbi.htm
(added: 7-Sep-2002)
-------------------------------------------------------------------
Violent Offenders in State Prison: Sentences and Time Served--State Inmates, 1992-94
Bureau of Justice Statistics. 07/1995
http://www.ojp.usdoj.gov/bjs/abstract/vospats.htm
(added: 7-Sep-2002)
-------------------------------------------------------------------
Violent Victimization and Race, 1993-98
Bureau of Justice Statistics. 03/2001
http://www.ojp.usdoj.gov/bjs/abstract/vvr98.htm
(added: 7-Sep-2002)
-------------------------------------------------------------------
Weapons Offenses and Offenders--Firearms, Crime, and Criminal Justice: Selected Findings
Bureau of Justice Statistics. 11/1995
http://www.ojp.usdoj.gov/bjs/abstract/woofcccj.htm
(added: 7-Sep-2002)
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Old 09-11-2002, 10:28 AM
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Now for the cases that you have to ask me for the link. Please if your interested in any of these just post or drop me a line & I'll get it to you ASAP!------Ken

CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE
VALDEZ v. ROSENBAUM, No. 01-35300 (9th Cir. September 05, 2002) Restrictions on a federal detainee's telephone access during four-and-a-half month pretrial detention did not violate his constitutional rights.

CIVIL PROCEDURE, CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
FORD v. HUBBARD, No. 956455/56587/80477/80582/80603 (9th Cir. September 06, 2002) District court failed to inform petitioner of the consequences of his decision to have his timely federal habeas petitions dismissed without prejudice, and second habeas petitions relate back to and preserve the filing date of the initial petitions, under FRCP 15(c).

ADMINISTRATIVE LAW, INJURY AND TORT LAW
BLAIR v. INTERNAL REVENUE SERV., No. 00-16010 (9th Cir. September 09, 2002) A wage loss claim for injuries suffered during an arrest was sufficient to establish jurisdiction under the Federal Tort Claims Act, but a claim for medical expenses was not properly exhausted before the federal agency.


CRIMINAL LAW & PROCEDURE, SENTENCING, HABEAS CORPUS
WILLIAMS v. WOODFORD, No. 99-99018, 00-99001 (9th Cir. September 10, 2002) Denial of a habeas petition was proper where no constitutional basis exists to disturb a first-degree murder and armed robbery convictions and a resulting death sentence.

CRIMINAL LAW & PROCEDURE, SENTENCING
IN RE BLACK, No. A094946 (Cal. 1st App. Dist. September 05, 2002) While worktime credits are limited to 15 percent for a defendant who "is convicted" and sentenced for a violent felony under Penal Code section 667.5, this limitation does not apply to the term imposed for a nonviolent offense charged and proven in a separate case.

U.S. 1st Circuit Court of Appeals
-----------------------------------------------------------------------
DOLINGER v. HALL (09/04/02 - No. 01-2515 )
A habeas petitioner's criminal convictions for child rape under Massachusetts law were not obtained in violation of the Confrontation Clause.

U.S. 2nd Circuit Court of Appeals
-----------------------------------------------------------------------
US v. THOMAS (09/04/02 - No. 00-1593)
Appeal claiming that the government's use of peremptory challenges was tainted by racial considerations in violation of Batson v. Kentucky, 476 U.S. 79, is remanded for credibility findings as to the prosecutor's proffered explanations for exercising the challenges.

This case will be appealed again as I believe this has been decided in other cases in just the opposite of what this court decided------Ken
US v. BERROA-MEDRANO (09/06/02 - No. 01-2212)
District court was entitled to consider the entire weight of any mixture or substance that contained a trace amount of heroin, rather than merely the net weight of the heroin itself, for sentencing purposes.

U.S. 5th Circuit Court of Appeals
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US v. JESSUP (09/04/02 - No. 01-51205)
Defendant took a "substantial step" toward the manufacture of methamphetamine through the affirmative act of collecting a substantial part of the equipment and ingredients for such manufacture.


US v. TURNER (09/06/02 - No. 01-10617)
The question, whether a prior Texas conviction for burglary of a building constitutes a "crime of violence" for purposes of increasing the U.S.S.G. base offense level, turns on conduct expressly charged in the indictment for that conviction.


U.S. 6th Circuit Court of Appeals
-----------------------------------------------------------------------
US v. BAILEY (09/04/02 - No. 01-5438)
Police officers had probable cause to stop defendant for a traffic violation, and his behavior immediately following the stop, along with the surrounding circumstances, gave rise to sufficient reasonable suspicion to justify detention beyond the traffic stop.

US v. RODRIGUEZ (09/05/02 - No. 00-6703)
An offense level increase under U.S.S.G. section 2B3.1(b)(2)(E), for possession of a dangerous weapon during a robbery, was proper where a bank teller would have a reasonable basis to believe that a box in defendant's possession contained a bomb.

SCOTT v. ELO (09/06/02 - No. 01-1475)
Evidence established that defendant's decision to kill was premeditated and that the act of killing was deliberate, and defendant offered nothing more than gross speculation of error in a missing portion of a transcript.


US v. COOPER (09/06/02 - No. 01-3166)
A conviction for attempted aggravated burglary is a violent felony under Ohio law, for purposes of a sentence enhancement under 18 U.S.C. section 924(e).

US v. TOCCO (09/06/02 - No. 00-1727/57)
A murder conspiracy did not constitute an underlying racketeering offense for purposes of calculating a RICO conspiracy offense level, but the court erred in failing to apply an aggravating role enhancement to calculation of an offense level for a gambling operation.


U.S. 7th Circuit Court of Appeals
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US v. MARTINEZ (09/03/02 - No. 00-2569)
Apprendi does not apply to a sentence falling within the statutory range mandated by defendant's stipulation to drug quantity; conviction is proper under 21 U.S.C. section 841(a)(1) even if defendant does not know the type or quantity of the controlled substance.

US v. NAVE (09/04/02 - No. 01-1536)
The appeal waiver provision of a plea agreement will bar jurisdiction over defendant's appeals. Guilty pleas to three separate offenses will constitute a waiver of any double jeopardy challenge.

BROWN v. STERNES (09/04/02 - No. 01-2326)
A mentally ill criminal defendant was denied his Sixth Amendment right to effective assistance through counsel's failure to bring petitioner's mental problems to the court's attention.


CAGE v. MCCAUGHTRY (09/06/02 - No. 01-3245)
An ineffective assistance claim fails where defense counsel may have had a tactical reason for refusing to strike a prospective juror for cause, after potentially equivocal assurances of impartiality during voir dire.

U.S. 8th Circuit Court of Appeals
-----------------------------------------------------------------------
US v. ESCAMILLA (09/03/02 - No. 01-2086/2553)
A traffic violation provided a state trooper with probable cause to stop defendants' vehicle.

US v. LUPINO (09/03/02 - No. 01-3361)
Any error from admission of testimony that defendant offered to sell drugs to an arresting officer was harmless, in light of evidence of defendant's guilt on the offense of assault.

US v. GRIFFITH (09/04/02 - No. 02-1019)
Defendant failed to show that his right to a fair trial was prejudiced by prosecutor's comments during cross-examination and closing argument, and a prior conviction for conspiracy to commit theft qualified as a crime of violence for an armed career criminal enhancement.

MORALES v. US (09/06/02 - No. 01-2605)
Before the district court reclassified a pro se "Petition for Review" as a section 2255 habeas proceeding, it should have warned petitioner of the resulting restrictions on successive petitions and the one-year limitations period, and given him an opportunity to withdraw the pleading.

U.S. 9th Circuit Court of Appeals
-----------------------------------------------------------------------
CAMPBELL v. RICE (09/04/02 - No. 99-17311)
A habeas petitioner's due process rights were violated when he was excluded from an in-chambers hearing on defense counsel's potential conflict of interest, and such violation was a structural error which was prejudicial per se.

US v. LARSON (09/04/02 - No. 00-10609)
Defendant's having entered into a stipulation, admitting all elements of the crimes charged, moots a challenge to a suppression ruling only if the stipulation was entered into voluntarily, and with knowledge of the consequences to any appeal.

FORD v. HUBBARD (09/06/02 - No. 98-56455/56587/80477/80582/80603)
District court failed to inform petitioner of the consequences of his decision to have his timely federal habeas petitions dismissed without prejudice, and second habeas petitions relate back to and preserve the
filing date of the initial petitions, under FRCP 15(c).


U.S. 10th Circuit Court of Appeals
-----------------------------------------------------------------------
ELLIS v. HARGETT (09/03/02 - No. 00-6358)
A habeas petitioner's appellate counsel was not ineffective where an omitted due process claim was not "clearly stronger" than the issues his appellate counsel did argue.

GILBERT v. MULLIN (09/03/02 - No. 01-6085)
Trial court's Allen instructions to jury did not amount to improper coercion of the jury to have deprived a habeas petitioner of due process and a fair trial, under the totality of the circumstances.

US v. MAGALLANES (09/03/02 - No. 02-2054)
A certificate of appealability to allow an appeal from a district court order denying relief on a motion pursuant to 28 U.S.C. section 2255 is denied, where petitioner failed to make a substantial showing of the denial of a constitutional right.

DUCKETT v. MULLIN (09/04/02 - No. 00-6292)
Though a district attorney's "inappropriate" commentary at trial was intentional and calculated, a habeas petitioner could not show that prosecutorial misconduct so infected the trial as to make the proceeding fundamentally unfair.

CHAPMAN v. LEMASTER (09/04/02 - No. 01-2240)
Trial court's failure to instruct the jury on the inherently or
foreseeably dangerous element of felony murder, under New Mexico law, did not violate due process.

ROSKA v. PETERSON (09/05/02 - No. 01-4057)
Social workers and police officers violated plaintiffs' clearly
established rights when, in the absence of exigent circumstances, they entered a home without knocking and without a warrant, seized a child without a warrant, and removed the child from his parents' custody and care without notice and a hearing.

U.S. 11th Circuit Court of Appeals

HUNTER v. MOORE (09/04/02 - No. 00-14576)
Counsel does not waive closing argument in a bench trial when the judge immediately announces his guilty decision at the close of evidence, providing no opportunity for any objection prior to the guilty verdict, thus defendant was denied counsel at a critical stage.

California Appellate Districts
-----------------------------------------------------------------------
PEOPLE v. MEHAISIN (09/04/02 - No. C037300)
Defendant, charged with withholding his children from their lawful custodian, was not entitled to the necessity defense under Penal Code section 278.7.

PEOPLE v. TROTTER (09/04/02 - No. B149459)
The improper discharge of one juror for allegedly failing to deliberate did not discharge the jury as a whole prior to verdict, and thus does not implicate double jeopardy principles where the substituted juror is a duly sworn alternate selected with the other jurors before trial.
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Old 09-11-2002, 11:40 AM
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Latonya,

Here is some info on censecutive, & concurrent cases. If you have any more questions, just post them, or e-mail me---Ken


http://sol.lp.findlaw.com/1999/johnson_r.html
... of Johnson’s underlying convictions (which supported his original 60 month consecutive sentences) were vacated, and his sentence was accordingly modified once ...
http://sol.lp.findlaw.com/1999/johnson_r.html


FindLaw Constitutional Law Center: US Constitution: Article III ... Hill, 293 US 131 (1934), and held that a prisoner may attack on habeas the second of two consecutive sentences while still serving the first. See also Walker v ...
http://supreme.lp.findlaw.com/consti...icle03/06.html


FindLaw Constitutional Law Center: US Constitution: Fifth .. by the legislature was a remedy for invalid multiple punishments under consecutive sentences: a shorter felony conviction was vacated, and time served was ...
http://supreme.lp.findlaw.com/consti...ment05/05.html

... inclusive, to ensure longer prison sentences and greater punishment for those ... term limitation for purposes of consecutive sentencing for any subsequent felony ...
http://supreme.lp.findlaw.com/suprem...-6978.pet.html

No... & n.9 (Ct.App. 1995). Fourth, defendants with prior strikes who are convicted of multiple felonies must serve consecutive sentences. Cal. Penal Code §§667(c ...

http://supreme.lp.findlaw.com/suprem...7.mer.resp.rtf

No... & n.9 (Ct.App. 1995). Fourth, defendants with prior strikes who are convicted of multiple felonies must serve consecutive sentences. Cal. Penal Code §§667(c ...

http://supreme.lp.findlaw.com/suprem...7.mer.resp.doc

U.. at other times the Court of Appeals correctly called the sentence “two consecutive indeterminate sentences of 25 years to life in prison.” Id., at 758. ...

http://supreme.lp.findlaw.com/suprem...r.ami.cdaa.doc

U... at other times the Court of Appeals correctly called the sentence ?two consecutive indeterminate sentences of 25 years to life in prison.? Id., at 758. ...

http://supreme.lp.findlaw.com/suprem...r.ami.cdaa.rtf

State of Florida v. Dubravko Rajcevic (Convicted stalker of ... four years' probation. As a condition of that probation, the Court imposed two consecutive sentences of 364 days in the Dade County Jail, with credit for time ...

http://news.corporate.findlaw.com/hd...evic100401.pdf

No. 01-1127 ____________ IN THE SUPREME COURT OF THE UNITED ... & n.9 (Ct.App. 1995). Fourth, defendants with prior strikes who are convicted of multiple felonies must serve consecutive sentences. Cal. Penal Code §§667(c ...
http://supreme.lp.findlaw.com/suprem...7.mer.resp.pdf


No. 01-1127 ITSCOTUS BILL LOCKYER, ATTORNEY GENERAL OF THE ... judgment of the California Court of Appeal, holding Andrade's consecutive twenty-five
years to life sentences for convictions on two counts of petty theft with ...
http://supreme.lp.findlaw.com/suprem...r.ami.cdaa.pdf

Supreme Court of the United States
... 1170.12(b)(1). Under the three strikes statute, Andrade received two consecutive 25-years-to-life sentences for his two felony theft convictions. See Andrade ...
http://supreme.lp.findlaw.com/suprem...r.ami.cjlf.pdf

... 20 L. Ed. 2d 426 (1968) ("a petitioner who was serving two consecutive sentences imposed by the Commonwealth of Virginia could challenge the second sentence ...
http://supreme.lp.findlaw.com/suprem...4mo1/text.html

FindLaw - US Supreme Court - November 2002 Cases
... judgment of the California Court of Appeal, holding Andrade's consecutive twenty-five years to life sentences for convictions on two counts of petty theft with ...
http://supreme.lp.findlaw.com/suprem.../november.html

Criminal Law and Procedure Decisions: Lackawanna County ... and criminal mischief, and was sentenced to two consecutive prison terms of six months to one year ... cover § 2254 petitions directed at enhanced state sentences. ...
http://sol.lp.findlaw.com/2000/lackawanna.html
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Old 09-13-2002, 11:32 PM
KConnor56 KConnor56 is offline
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SERENA WILLIAMS STALKER TO BE DEPORTED TO GERMANY Reuters
A German man jailed on charges of stalking tennis star Serena Williams pleaded guilty on Thursday and will be sent home after being given a conditional discharge and ordered to seek psychiatric care. Queens Criminal Court judge Suzanne Melendez said Albrecht Stromeyer, 34,
would be transferred to an Immigration and Naturalization Service detention center, which will arrange his deportation to Frankfurt within the next few days.
http://news.findlaw.com/sports/s/200...stalkerdc.html
See The Charges Against The Stalker (People v. Stromeyer) [PDF]
http://news.findlaw.com/hdocs/docs/s...meyer90102.pdf

BRAWL OVER BALL HEADS TO COURT
San Jose Mercury News
The snow cone catch. The sucker ball. The Keppel Tape. And now the courtroom. Nearly a year after Barry Bonds launched home run No. 73 into the packed, standing-room-only arcade of Pacific Bell Park, the two fans fighting for possession of the historic ball are about to meet in court. Both men say it's not about the money -- even though the ball is expected to bring at least $1 million at auction. It's about principle -- about making the ballpark safe for men, women and families with small children.
http://www.bayarea.com/mld/bayarea/news/4006751.htm
Legal Filings In The Popov v. Hayashi Suit Over Bonds' Baseball [PDF]
http://news.findlaw.com/legalnews/do...e_s.html#bonds

SWIMMING 'CHILD ABUSE RISK' Ananova
Young swimmers [in the United Kingdom] are at risk from coaches and teachers who use their position of power to abuse children, according to a report. The NSPCC study has found a "significant minority" of youngsters suffer abuse, ranging from verbal and physical to emotional
and sexual. The report, entitled In at the Deep End, was compiled using case files from the Amateur Swimming Association (ASA). They are based on details of the 78 coaches accused by children of abuse between
January 1997 and February 2001.
http://www.ananova.com/news/story/sm_663501.html
Get Information On England's National Society For The Prevention Of Cruelty To Children's "Kick It Into Touch" Campaign To Help Make People Aware Of, And Protect Against, Child Abuse In Sports
http://www.kickitintotouch.com/kicki...ouch/index.htm


MAN CHARGED IN FOOTBALL DEATH Associated Press
A man was charged with murder Thursday in the shooting death of a University of Minnesota football player last weekend. Brandon Hall, 19, died early Sunday morning after he was shot once through the heart. Just hours before, he had played his first game for the Golden Gophers,
who defeated Southwest Texas State 42-0.
http://news.findlaw.com/ap/s/2060/9-...113012_26.html
Read The Criminal Complaint Against The Suspects
(State of Minnesotat v. Stansberry and Hardiomon.) [PDF]
http://news.findlaw.com/hdocs/docs/s...ry90402cmp.pdf

WOMAN ACCUSES BETTIS Pittsburgh Post-Gazette
Greensburg police last night interviewed Pittsburgh Steelers running back Jerome Bettis regarding a report filed by a 22-year-old Westmoreland County woman who has accused him of sexually assaulting her last month. Bettis, 30, yesterday denied assaulting the woman. "I
want to be clear that I deny that I engaged in any sexual misconduct or criminal acts," Bettis said yesterday.
http://www.post gazette.com/localnews/20020906jerome4.asp

BASKETBALL STAR WEBBER INDICTED FOR OBSTRUCTION Reuters
Sacramento Kings basketball star Chris Webber was indicted on Monday on charges of obstruction of justice and lying to a grand jury about cash and gifts he allegedly received from a University of Michigan fan. The
four-count indictment carries a maximum penalty of five years in prison on each count with a maximum fine of $250,000.
http://news.findlaw.com/sports/s/200...ewebberdc.html
Read The Indictment (US v. Webber, et al.) [PDF]
http://news.findlaw.com/hdocs/docs/s...er90902ind.pdf

CHARGES DROPPED AGAINST NBA STAR IVERSON
Reuters
City prosecutors dropped criminal charges against NBA star Allen Iverson on Thursday, after two men who claimed he had threatened them in a Philadelphia apartment decided not to testify at an upcoming trial. District Attorney Lynne Abraham told reporters that the Philadelphia 76ers guard would not go on trial next Wednesday on two misdemeanor
counts charging him with making terroristic threats against the men.
http://news.findlaw.com/entertainmen...iversondc.html
The Original Criminal Complaint (Commonwealth v. Allen Iverson) [PDF]
http://news.findlaw.com/hdocs/docs/s...on71102cmp.pdf

NO CHARGES TO BE BROUGHT AGAINST ANAHEIM PITCHER Reuters
Citing a lack of evidence, prosecutors said on Wednesday they will not bring charges against Anaheim Angels star left-hander Jared Washburn on allegations that he sexually assaulted a 16-year-old girl. The girl made the allegations about Washburn, 28, on Sept. 1 when police interviewed her at a hospital emergency room. No further details about
the alleged assault were released.
http://news.findlaw.com/sports/s/200...ashburndc.html

EX-NBA PLAYER GETS 5 YEARS IN JAIL
Associated Press
Former NBA player Sylvester "Sly" Williams was sentenced Friday to five years in prison for attacking a woman twice and holding her captive for nearly a day. Williams, 44, pleaded guilty to the kidnapping charge last month in connection with an attack last September.
http://news.findlaw.com/ap/s/2030/9-...124503_21.html

EMPLOYMENT AND POST-RETIREMENT CONSULTING AGREEMENT BETWEEN GENERAL ELECTRIC AND JOHN F. WELCH, JR.
The controversial benefits provided to G.E.'s former CEO that are the subject of heated debate by GE. shareholders and Welch's wife Jane in their divorce proceeding, including "for the remainder of his life, continued access to Company facilities and services comparable to those provided to him prior to his retirement, including access to Company aircraft, cars, office, apartments, and financial planning services. The Company shall also reimburse Mr. Welch, upon the receipt of appropriate documentation, for reasonable travel and living expenses."
http://contracts.corporate.findlaw.c...996.12.20.html

SECURITIES AND EXCHANGE COMMISSION v. L. DENNIS KOZLOWSKI, MARK SWARTZ, AND MARK BELNICK (Sept. 12, 2002)
Civil Complaint Alleging Fraud And Looting By Tyco International,Inc.'s Former CEO, CFO, And Chief Corporate Counsel, Charging That They Failed To Disclose Self-Dealing, Secret Low Interest And Interest-Free Loans From The Company That They Used For Personal Expenses, Including $4M For A New York City Apartment, $10M For A Park City, Utah Ski Chalet, $242M For Various Personal Luxuries [PDF]
http://news.findlaw.com/hdocs/docs/s...ki91202cmp.pdf

US v. DAVID BERMINGHAM, GILES DARBY, and GARY MULGREW (Sept. 12, 2002) Indictment Of 3 British Bankers Who Worked For Greenwich NatWest On
Charges Related To Their Dealings With Enron's Michael Kopper And His Involvement With Enron's LJM Cayman Island Partnership [PDF]
http://news.findlaw.com/hdocs/docs/e...hm91202ind.pdf
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