For the week of January 31, 2014
In this edition:
- Justice Dept. Starts Quest for Inmates to Be Freed (NYT) (DAG Cole’s speech is here; commentary here)
- U.S. to seek death penalty in Boston bombing case (Washington Post) (H/T)
- Is There Some More Real Change Going to Happen Out There? (Carl Gunn)
- Griffin v. Gomez (habeas) (orders that district court issued to enforce earlier order to release petitioner from SHU were abuse of discretion, and failed to take proper account of Supreme Court precedent limiting federal district court management of state prisons).
- U.S. v. Barrera (unpub’d) (district court’s failure to make findings or rulings on defendant’s criminal history objections to PSR was plain Rule 32 error).
- Brown v. Yates (§2254) (unpub’d) (remand for evidentiary hearing on IAC based on uncontroverted allegations in petition and accompanying memo signed under penalty of perjury).
- Burrage v. U.S. (enhancement under §841(b)(1)(C) requires proof that distributed drug was but-for cause of death or injury; “contributing” causation not enough).
- U.S. v. Thavaraja (2d Cir.) (nine-year sentence for principle procurement officer for foreign terrorist group was not unreasonably lenient). (H/T)
- U.S. v. Moreno-Montenegro (2d Cir.) (unpub’d) (separate convictions and sentences for two drug conspiracy counts violated double jeopardy). (H/T)
- U.S. v. Jordan (7th Cir.) (district court violated Rule 32.1(b)(2)(C) by admitting hearsay at revocation without first balancing defendant’s confrontation interest against government’s good cause for denying).
- U.S. v. Adkins (7th Cir.) (appeal waiver did not bar argument that special release condition barring defendant’s viewing pornography or sexually stimulating material is unconstitutionally vague, which it was).
- U.S. v. Tucker (8th Cir.) (Nebraska escape statute is indivisible as between escape from secure and non-secure custody).
The Senate Judiciary Committee voted, with significant Republican support, to cut mandatory minimums for low-level offenders and to make the Fair Sentencing Act reductions retroactive.
- “Symposium 2013: Where There Is No Darkness: Technology and the Future of Privacy,” 65 Rutgers L. Rev. 951–1094 (2013) (abstracts).
- “A Jury of Whose Peers?: Eliminating Racial Discrimination in Jury Selection Procedures,” Hilary Weddell, 33 B.C.J.L. & Soc. Just. 453 (2013) (pdf). (H/T)
- “Bias in the Shadows of Criminal Law: The Problem of Implicit White Favoritism,” Robert J. Smith et al., working paper (SSRN). (H/T)
- “Implicitly Unjust: How Defenders Can Affect Systemic Racist Assumptions,” Jonathan Rapping, working paper (SSRN). (H/T)
- “Wrongful Convictions, Policing, and the ‘Wars on Crime and Drugs’,” Hannah Sybil Laqueur et al., from Examining Wrongful Convictions: Stepping Back and Moving Forward, forthcoming (2014) (SSRN). (H/T)
- “Chevron at the Roberts Court: Still Failing after All These Years,” Jack Michael Beermann, working paper (SSRN). (H/T)
- “‘Friend to the Martyr, a Friend to the Woman of Shame’: Thinking About the Law, Shame and Humiliation,” Michael L. Perlin & Naomi Weinstein, working paper (SSRN). (H/T)
- “Review for Release: Juvenile Offenders, State Parole Practices, and the Eighth Amendment,” Sarah French Russell, 89-1 Indiana L.J. ___ (2014) (SSRN). (H/T)
- “Carpe Omnia: Civil Asset Forfeiture in the War on Drugs and the War on Piracy,” Annemarie Bridy, ___ Ariz. St. L.J. ___, forthcoming (SSRN). (H/T)
- “Across the Hudson: Taking the Stop and Frisk Debate Beyond New York City,” David A. Harris, ___ N.Y.U. J. Legislation and Pub. Pol’y ___, forthcoming (2014) (SSRN). (H/T)
- “Our Records Panopticon and the American Bar Association Standards for Criminal Justice,” Stephen E. Henderson, ___ Okla. L. Rev. ___, forthcoming (SSRN). (H/T)
- “Prison-By-Default: Challenging the Federal Sentencing Policy’s Presumption of Incarceration,” Melissa Hamilton, ___ Houston L. Rev. ___, forthcoming (SSRN). (H/T)
- “Miller Resentencing Project Report,” Eric Schab et al., working paper (SSRN). (H/T)
- Supreme Court Practice (10th ed.) (2013), Stephen M. Shapiro et al., (Amazon). (H/T)