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US v. Naranjo, 426 F.3d 231 (3rd Cir. 2005)(remand required to determine whether law enforcement officers deliberately asked defendant questions first without giving Maranda warnings, before deciding whether postwarning statements woulld be excluded, and Booker).

Kittelson v. Dretke, 426 F.3d 306 (5th Cir. 2005)(2254)(State trial court violated Confrontation Clause and due process by permitting state to imply that a second child had accused defendant, but excluding defense evidence of recantation, and exclusion of evidence was not harmless.

US v. Juluke, 426 F.3d 323 (5th Cir. 2005)(insufficient evidence of nexus between the offense and jewlery to support jewlery forfeiture).

Hodge v. Hurley, 426 F.3d 368 (6th Cir. 2005)(2254)(No. 03-3166 During his egregiously improper closing argument, the prosecutor commented on the credibility of witnesses, misrepresented the facts of the case, made derogatory remarks about the defendant, and generally tried to convince the jury to convict on the basis of bad character, all while defense trial counsel sat idly by.

US v. Fuller, 426 F.3d 556 (2nd Cir. 2005)(defendant's alternative non guidelines sentence violated statute setting forth factors to be considered in imposing sentence).

Gersten v. Senkowski, 426 F.3d 588 (2nd Cir. 2005)(2254)(Ineffective assistance of counsel, failure to cal witnesses).

Wilson v. Beard, 426 F.3d 653 (3rd Cir. 2005)(2254)(Batson winner).

US v. Waller, 426 F.3d 838 (6th Cir. 2005)(felon is possession reversed; defendant had expectation of privacy in zipped, closed suitcase which was stored in friends closet; resident did not have actual authority to grant consent to allow police officers to search suitcase; it was unclear whether defendant's suitcase was subject to mutual use by resident, and thus police officer's were not entitles to search suitcase without a warrant without further inquiry).