For the week of March 31, 2010.
[Note: Abbreviated Roundup this week due to scheduling; your regular,
full-blown Roundup will return next week, uncut and uncensored.]
Batson Challenges. The Equal Justice Initiative has published a comprehensive study of bias in jury selection here, discussed here.
The Week in Sausage Making. New Public laws include S. 1782 (Federal Judiciary Administrative Improvements Act).
Top of the Ninth - 9th Cir. decisions released during the week.
Jordan v. USDC-CAC (denying
mandamus for return of seized motorcycles, where district court did not
clearly err in determining government was not required to return
property for failure to provide notice, and petitioners had not
demonstrated lack of other adequate means to achieve return of seized
items).
Schad v. Ryan (habeas) (amending opinion; denying reh'g/reh'g en banc; clarifying mandate).
U.S. v. Castro
(California PC § 288(c)(1) is not generic sexual abuse of a minor, and
therefore not crime of violence within § 2L1.2(b)(1)(A)(ii)).
Cooke v. Solis
(habeas) (California judicial decision rejecting parole was
unreasonable application of California "some evidence" requirement).
SCOTUS Focus.
Carr v. U.S. (SORNA does not apply to sex offenders whose interstate travel predated SORNA's effective date).
Berghuis v. Thompkins (habeas) (suspect who received and understood Miranda
warning and does not invoke right waives right by making uncoerced
statement to police) (petitioner was unprejudiced by IAC in light of
overwhelming evidence of guilt).
Short Circuits - other persuasive authority.
U.S. v. Oluwanisola (2d
Cir.) (vacting district court's judgment that defense's arguing
specific elements of crime had not been proven would trigger rebuttal
clause of proffer agreement).
For the Bookworms - New books and scholarly articles of note.
"Police-Induced Confessions: Risk Factors and Recommendations," Saul M. Kassin et al., 34 L. Hum. Behav. 3 (2009) (pdf)
(discusses the characteristics of suspects, interrogation tactics and
the "phenomenology of innocence" [ed. more practical than it sounds]
that influence confessions, and the effect of those confessions on
judges and juries).
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Suggestions or corrections? Email Michael_Drake@fd.org.
