US v. Smith-Baltiher, 424 F.3d 913 (9th Cir. 2005)
(defendant was entitled to present defense that he mistakenly believed he was a United States citizen at the time of his attempted entry; 2. exclusion of evidence proffered by defense to challenge his alienage was structural error).
Monday, January 22, 2007
Wednesday, January 17, 2007
Illegal Traffic Stop
US v. Spinner, No. 05-3160 (D.C. Cir. January 16, 2007)
Denial of motion to suppress, made prior to guilty plea to one count of being a felon in possession of a firearm, is reversed as the police did not have the reasonable suspicion defendant was armed and dangerous necessary to justify their search of his vehicle. http://caselaw.lp.findlaw.com/data2/circs/dc/053160a.pdf
Denial of motion to suppress, made prior to guilty plea to one count of being a felon in possession of a firearm, is reversed as the police did not have the reasonable suspicion defendant was armed and dangerous necessary to justify their search of his vehicle. http://caselaw.lp.findlaw.com/data2/circs/dc/053160a.pdf
Tuesday, January 16, 2007
Double Jeopardy
Walck v. Edmondson, No. 05-6273 (10th Cir. January 04, 2007)Grant of a petition for habeas corpus, which ordered dismissal of pending first-degree manslaughter charges against petitioner arising from a traffic accident and enjoined the state from retrying or further prosecuting her for the same incident, is affirmed where: 1) Younger abstention is unwarranted where a criminal accused presents a colorable claim that a forthcoming second state trial will constitute a violation of her double jeopardy rights; 2) 28 U.S.C. section 2241 is the proper avenue by which to challenge pretrial detention, including when such challenges are based on double jeopardy grounds; and 3) under the circumstances, a witness's absence did not give rise to manifest necessity for the mistrial, over petitioner's objection, for double jeopardy purposes. http://laws.lp.findlaw.com/10th/056273.html
Habeass winner ineffective assistance of counsel
US v. Segarra-Rivera, No. 05-1582 (1st Cir. January 11, 2007)
Denial of motions to withdraw a guilty plea and for new counsel is reversed and remanded for an evidentiary hearing where the defendant made a sufficient showing of an actual conflict of interest on the part of his attorney to render his claim colorable and justify further inquiry by the district court. http://laws.lp.findlaw.com/1st/051582.html
Denial of motions to withdraw a guilty plea and for new counsel is reversed and remanded for an evidentiary hearing where the defendant made a sufficient showing of an actual conflict of interest on the part of his attorney to render his claim colorable and justify further inquiry by the district court. http://laws.lp.findlaw.com/1st/051582.html
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