Criminal Appeals
Federal Court Tosses Drug and Gun Convictions Based on Defective Search Warrant
The U.S. Court of Appeals for the Sixth Circuit tossed a federal drug and gun case based on a defective search warrant. The Court held that the affidavit filed by law enforcement to show probable cause to obtain a search warrant was lacking in detail and therefore the warrant should not have been issued. Lexington,…
Fifth Circuit Tosses Child Porn Conviction, Holds Image Wasn’t ‘Patently Offensive’
Whether a nude image of a minor is considered illegal depends on whether it’s “obscene.” But what does that mean? For decades, what has amounted to obscenity has never been clearly established by the courts. The Supreme Court did set some guidelines for obscenity cases – 50 years ago – but it still left the…
Is SCOTUS losing the respect of the public?
What’s going on with the Supreme Court of the United States (SCOTUS) that makes experts wonder whether the public even trusts this once esteemed institution? Here’s a great article that gives a unique perspective on the problem from a solution-based approach.
Finally, a Pubic Defender on the Supreme Court!
Today, June 30, was Justice Stephen Breyer`s last day on the Supreme Court. It`s now the first day that we have a former public defender on the high court, with Ketanji Brown Jackson replacing Breyer. It`s so rare to see public defenders rise through the judicial ranks, and unheard of for them to be considered…
SCOTUS Holds Attempted Hobbs Act Robbery Not a Categorical Match for 924(c)
The Supreme Court of the United States (SCOTUS) held on June 21, 2022, that an attempted Hobbs Act robbery was not categorically a crime of violence to support a separate conviction for use of a firearm under federal law, despite the fact that someone was shot and killed during the offense. It was yet another…
Supreme Court Unties Hands of Federal Sentencing Judges
The Supreme Court untied the hands of federal sentencing judges today by holding that, unless the statutory provision allowing for a sentence reduction expressly prevents the judge from considering certain facts in crafting the new sentence, the judge may use his broad discretion to impose whatever sentence he sees fit in that case. See Concepcion…
The Supreme Court`s Taylor Decision Eliminates Attempted Crimes of Violence Under 924(c)
Contrary to popular belief (if you believe the news media), the Supreme Court`s decision in Taylor v. United States, No. 20-1459 (June 21, 2022), had absolutely nothing to do with weakening federal gun laws. In fact, it couldn`t have done so because the case was all about whether an attempted robbery, under federal law, was…
Attacking the Guilty Plea: Court Threatens More Time in Child Porn Case if Post-Conviction Motion Successful
I`m always asked whether the court can impose a harsher sentence if someone is successful in vacating their conviction or sentence under 28 U.S.C. sec 2255. My answer is always the same: It depends, but it can happen. Usually, a sec 2255 motion attacking a guilty plea opens the door for any charges that were…
Separating the Judge from the Opinion: Is it Possible?
When someone rejects my proposed theory on something, I tend to take it as if they`re rejecting me personally. While I know this isn`t the case (I hope), it has been a powerful lesson in how I judge people who have opinions that differ from mine. And I think it can be a powerful lesson…