(Cross-posted from the C.D. Cal. Federal Public Defender blog.)
What's Your Carrier IQ IQ? The Carrier IQ story has been percolating for a while. CIQ makes an app that tracks keystrokes and other data on your smartphone. There's been speculation about whether law enforcement was using the technology. This week, matters became slightly less speculative.
And in Other Surveillance News... The Drones are here.
What Is The Number of Leagues Under the Sea? Sorry, no - the question was "What is the number of innocent people in prison?"
Top of the Ninth - 9th Cir. decisions released during the week
· Sessoms v. Runnels (habeas) (ordering en banc review, doubtlessly precipitated by Ninth Circuit Blog's appraisal of original panel decision as "deeply disturbing").
· Merolillo v. Yates (habeas) (admission of hearsay opinion of nontestifying pathologist was error under Roberts, and prejudicial under Brecht, which governed without regard to state court's harmlessness determination, which was unreasonable in any case).
SCOTUS Focus. SCOTUSblog's update and first statpack for OT11 are here.
· Hardy v. Cross (habeas) (GVR'ing 7th Circuit decision, holding that state court reasonably applied confrontation precedents and reasonably determined that sufficient steps had been taken to secure presence of unavailable victim).
Judulang v. Holder (immigration) (reversing 9th Circuit decision, holding that BIA policy for applying former INA §212(c) in deportation cases is arbitrary and capricious).
Grants of Certiorari:
· Arizona v. U.S. (immigration) (whether federal immigration laws preempt Arizona's S.B. 1070).
· U.S. v. Ramos-Gonzalez (1st Cir.) (in cocaine distribution case, vacating conviction because expert testimony about contents of drug analysis report by nontestifying analyst "simply parroted" report's conclusions).
· U.S. v. Moreland (5th Cir.) (reversing child pornography conviction, where evidence was insufficient to show that images found on two computers were defendant's rather than wife's or live-in father's).
· U.S. v. Oaks (6th Cir.) (holding that escape from in courtroom was not ACCA "violent felony" after reviewing statistical data of escapes from "nonsecure custody").
· U.S. v. Armstead (N.D.Iowa) (government can't use evidence at trial when it had successfully argued pretrial that suppression motion was moot based on its promise not to use that evidence).
· U.S. v. Zamichieli (E.D. Pa.) (calling "Tommyrot!"on officer's claim that driver in vehicle with tinted windows turned on dome light, having already opened driver-side window to speak with officer - who did not ask for paperwork - all while leaving gun on passenger seat in plain view).
· People v. Coates (Colo.) (nervous, underage driver's possession of single, hand-wrapped prescription pill was not probable cause for vehicle search).
And the Nominees Are... Alaska Supreme Court Justice Morgan Christen has been confirmed as United States Circuit Judge for the Ninth Circuit.
The Week in Sausage Making. President Obama vowed to sign a detention bill that passed last week. (See item above.) Measures introduced include H.R. 3634 (to enhance remedial and vocational opportunities to inmates); H.R. 3636 (to extend stolen goods offense to cover veterans' memorials); H.R. 3676/S. 2003 (to clarify that war authorizations and the like do not authorize detention of citizens or lawful residents without charge or trial).
For the Bookworms - New books and scholarly articles of note
· "One Strike and You're Out: Padilla Advisement about Public Housing Eligibility," Deirdre P. Brown, student paper (SSRN) (argues that under Padilla, attorneys have ethical duty to advise clients about collateral consequences of other well-established federal laws like the one-strike policy).
· "Preliminary Report on Race and Washington's Criminal Justice System," Robert S. Chang et al., concurrently in multiple law reviews (forthcoming) (SSRN) (report from task force concludes that much disparity in state system is explained by facially neutral policies that have racially disparate effects, but is also driven by explicit and implicit biases that affect decision-making).
· "'Returning' the Confrontation Clause to 'Solid Ground': Can Williams v. Illinois Garner a Fifth Vote?, Michael H. Graham, Crim. L. Bull. (2011) (SSRN) (argues that testimonial approach effectuated by primary purpose test failes to reflect the core meaning of the confrontation clause, whatever it is).
·"'A Watchdog for the Good of the Order': the Ninth Circuit's En Banc Coordinator," Stephen L. Wasby, 12 J. App. Prac. and Process 91 (2011) (Westlaw) (outlines nature of position, including role in developing court's formal en banc policy, with focus on Judge Goodwin's tenure as EBC).
Suggestions or corrections? Email Michael_Drake@fd.org.