(X-posted from the C.D. Cal. Federal Public Defender Blog.)
- The Timing of Reciprocal Jencks (Carl Gunn)
- L.A. County sheriff's deputies charged with lying about drug bust (Los Angeles Times).
- Eric Holder: "Too many people go to too many prisons for far too long for no good law enforcement reasons." (H/T)
- Sequestration Hits Courts (The Third Branch News)
- U.S. v. LKAV, Juvenile Male (district court erred by committing juvenile for study of competency to stand trial under 18 U.S.C. §4241(d) instead of Federal Juvenile Delinquency Act).
- U.S. v. Augustine (guidelines promulgated under Fair Sentencing Act notwithstanding, that Act's mandatory minimums do not apply to defendants sentenced, or resentenced under §3582(c)(2), before its enactment) (Supreme Court's decision in Dorsey did not overrule Baptist and Sykes).
- U.S. v. Jennings (efforts to conceal income by using bank account with "deceptive" name (namely, defendant's own real name) was enough for "sophisticated means" enhancement under §2T1.1(b)(2)). UPDATE (4.8.13): Ninth Circuit Blog's analysis here.
- U.S. v. Reyes-Ceja (filed April Fool's Day) (enhancement for being under criminal sentence, §4A1.1(d), can be applied to deportee "found in" U.S. while imprisoned).
- Ceron v. Holder (immigration) (CPC §245(a)(1) assault with deadly weapon is crime involving moral turpitude) (dissenting, Ikuta would hold that Navarro-Lopez is still controlling on the point).
SCOTUS Focus. On AEDPA grounds, the Court GVR'd a habeas grant by the Ninth Circuit (on a Sixth Amendment claim based on court's failure to appoint counsel for motion for new trial after prior Faretta waivers) in Marshall v. Rodgers. At SCOTUSblog, Adam Chandler take a look at cert.-stage amicus all stars.
- U.S. v. Young (D.C. Ct. App.) (defendant has right to confront forensic scientist who tested DNA evidence, Williams being of "questionable precedential value"). (H/T)
- U.S. v. Benjamin (3d Cir.) (felon-in-possession is continuing offense, so possession must be relinquished to support separate convictions). (H/T)
- U.S. v. Fisher (4th Cir.) (cop's lies in search warrant affidavit rendered subsequent plea involuntary). (H/T)
- U.S. v. Higgins (8th Cir.) (prior controlled substance offense did not qualify as career offender predicate because it was grouped with other state drug offense that received longer sentence and therefore the criminal history point). (H/T)
- U.S. v. Johnson (8th Cir.) (unavailability of officer who's report was read into record for revocation proceedings violated right to confront witnesses). (H/T)
- U.S. v. Moya-Breton (10th Cir.) (unpub'd) (defendant gets Rule 60 relief when he digs up evidence through FOIA request about plea offer, the existence of which both government and defense had denied in initial §2255 hearing). (H/T (noting that "[s]omebody could be in big trouble")).
- "Knives and the Second Amendment," David B. Kopel et al., U. Mich. J. L. & Reform, forthcoming (SSRN).
- "The Dangers of Surveillance," Neil M. Richards, Harv. L. Rev. (2013) (SSRN).
- "Confronting Science: Expert Evidence and the Confrontation Clause," Jennifer Mnookin & David H. Kaye, S. Ct. Rev., forthcoming (SSRN).
- Note - "Florence, Atwater, and the Erosion of Fourth Amendment Protections for Arrestees," 65 Stan. L. Rev. 599 (2013) (pdf). (H/T)
- "Defying DNA: Rethinking the Role of the Jury in an Age of Scientific Proof of Innocence," Andrea L. Roth, B.U. L. Rev., forthcoming (SSRN).
- "The Emerging Role of Innocence Lawyer and the Need for Role-Differentiated Standards of Professional Conduct," D. Michael Risinger & Lesley C. Risinger, from Controversies in Innocence Cases in America, forthcoming (SSRN).
- "The Limits of Child Pornography," Carissa Byrne Hessic, Indian L.J. (2014) (SSRN).
- "Sentencing the Why of White Collar Crime," Todd Haugh, 82 Fordham L. Rev., forthcoming (SSRN).
- "Suspect Classification and Its Discontents," Susannah William Pollvogt, working paper (SSRN).
- The Anatomy of Violence: The Biological Roots of Crime, Adriane Raine, forthcoming (Amazon).
Suggestions or corrections? Email Michael Drake.