Criminal Law Library Blog

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U.S. 1st Circuit Court of Appeals, April 10, 2008
US v. Vilches-Navarrete, No. 06-1942
Conviction and sentence for cocaine possession in violation of Maritime Drug Law Enforcement Act ("MDLEA") and conspiracy to distribute cocaine is affirmed over defendant's claims that: 1) the MDLEA is unconstitutional; 2) the district court lacked jurisdiction; 3) the district court erroneously refused to suppress evidence; 4) there was insufficient evidence to sustain his conviction; and 5) his sentence was unreasonable under Booker; and 6) cumulative errors in the case prejudiced his right to a fair trial.

U.S. 1st Circuit Court of Appeals, April 10, 2008
Esso Standard Oil Co. v. Lopez-Freytes, No. 07-1218
An order which permanently enjoined defendants, several members and officials of the Puerto Rico Quality Board, from imposing a $76 million fine on plaintiff is affirmed over claims that: 1) the district court should have abstained from exercising jurisdiction pursuant to the Younger abstention doctrine; and 2) in any event, the court erred in concluding that there existed bias necessitating the imposition of the injunction.

U.S. 2nd Circuit Court of Appeals, April 07, 2008
Goldstein v. Pataki, No. 07-2537
In an action involving whether plaintiffs' complaint sufficiently alleged an eminent domain action underlying a city's building project in violation of the Fifth Amendment, grant of defendants' motion to dismiss is affirmed over claims that: 1) the district court overlooked substantial and specific allegations that a private developer was the sole beneficiary of the project; and 2) the public uses invoked by defendants were "pretexts" advanced by corrupt and coopted state officials. ..

U.S. 3rd Circuit Court of Appeals, April 08, 2008
Colacicco v. Apotex Inc., No. 06-3107
In state-law tort actions brought against drug manufacturers of antidepressants known as selective serotonin reuptake inhibitors ("SRRIs") based on a theory that the drugs' labeling failed to warn the risk of increased suicidal tendencies, the circuit court finds that the underlying failure-to-warn claims under state law conflicted with, and were thus preempted by FDA's regulatory actions pursuant to its authority under the Federal Food, Drug, and Cosmetic Act.

U.S. 3rd Circuit Court of Appeals, April 09, 2008
Wilkerson v. New Media Tech. Charter Sch. Inc., No. 07-1305
In an action involving a teacher who was allegedly terminated from her employment based on her refusal to participate in a religions "libations" ceremony, judgment dismissing plaintiff's complaint is: 1) affirmed in parts which dismissed all claims under Title VII and Pennsylvania Human Relations Act (PHRA) based upon employer's failure to accommodate theory; but 2) reversed and remanded in parts which denied the employee's religious discrimination and retaliation claims under Title VII and the PHRA based upon the adverse employment action/retaliation theory, as well as an individual claim against the school director for the termination of employment based on employee's religious belief.

U.S. 6th Circuit Court of Appeals, April 09, 2008
Morrison v. Bd. of Educ. of Boyd County, No. 06-5380, 06-5406, 06-5407
In an action brought against a board of education by Christian student at a county high school claiming that speech codes prevented students from speaking their convictions that homosexuality is sinful, summary judgment for the school board is affirmed where plaintiff's claim for nominal damages premised upon a "chill" on his speech did not present a justiciable controversy. (Amended opinion)

U.S. 6th Circuit Court of Appeals, April 11, 2008
US v. Rose, No. 06-1642
A conviction for selling a firearm to a known felon and possessing an unregistered silencer is affirmed over claims of error regarding: 1) the jury's review of certain CD recordings; 2) prosecutorial misconduct; 3) the constitutionality, under the Commerce Clause, of 18 U.S.C. section 922(d)(1); and 4) jury instructions regarding his possession of an unregistered silencer.

U.S. 7th Circuit Court of Appeals, April 10, 2008
Townsend v. Fuchs, No. 07-1384
In a prisoner suit alleging that the defendants' act of placing plaintiff in administrative segregation violated his Fourteenth and Eighth Amendment rights, summary judgment for one defendant and denial of plaintiff's motion to amend are affirmed where plaintiff had no liberty interest in avoiding placement in discretionary segregation, and the district court correctly concluded that the motion to amend to add a defendant would be futile. Summary judgment for a second defendant is reversed where there was a material dispute over whether a prison guard knew of unsanitary conditions in plaintiff's cell.

U.S. 7th Circuit Court of Appeals, April 10, 2008
Hardrick v. City of Bolingbrook, No. 06-4208
In a 42 U.S.C. section 1983 suit against police officers and a city alleging unlawful arrest and unreasonable force, summary judgment for defendants is reversed and remanded where: 1) plaintiff's answers to defendants' interrogatories were not inadmissible hearsay and should have been considered by the district court; and 2) plaintiff's excessive force claims were not barred by Heck since they did not present a collateral attack to his conviction for resisting arrest.

U.S. 7th Circuit Court of Appeals, April 11, 2008
Jewett v. Anders, No. 06-2982
In a suit against a police officer alleging wrongful arrest, excessive force and due process violations, denial of qualified immunity is reversed where the plaintiff's detention fell within the bounds of a constitutional investigatory stop, and the police officer did not act unreasonably in detaining plaintiff to determine his identity.

U.S. 9th Circuit Court of Appeals, April 10, 2008
Council of Ins. Agents & Brokers v. Molasky-Arman, No. 04-17271
Nevada's "countersignature" statute, Nev. Rev. Stat. section 680A.300, is unconstitutional as it violates the Privileges and Immunities Clause of Article IV because Nevada's discrimination against licensed nonresident insurance agents is not closely related to a substantial reason for that discrimination beyond the mere fact that they are citizens of other states.

U.S. D.C. Circuit Court of Appeals, April 11, 2008
US v. E-Gold, Ltd., No. 07-3074
Order upholding an asset seizure order and post-indictment restraining order applicable to the assets and records of transactions of a corporate entity is vacated and the case remanded where, when the government has obtained a seizure warrant depriving defendants of assets pending a trial upon the merits, the constitutional right to due process of law entitles defendants to an opportunity to be heard at least where access to the assets is necessary for an effective exercise of the Sixth Amendment right to counsel.

U.S. Fed. Circuit Court of Appeals, April 07, 2008
Nufarm America's, Inc. v. US, No. 2007-1220
19 C.F.R. section 181.53, a deferred duty regulation, does not violate the Export Clause, or Article I, Section 9, Clause 5 of the United States Constitution.

California Appellate Districts, April 08, 2008
People v. Garelick, No. H030976
Conviction for attempted lewd or lascivious act on a child under 14, attempted distribution or exhibition of harmful matter to a minor, and possession of child pornography is affirmed over claims that: 1) trial court committed a number of errors in its instructions to the jury; and 2) conviction for attempting to send harmful matter over the Internet must be reversed because it constituted a state regulation in violation of Commerce Clause and First Amendment right of free speech.

California Appellate Districts, April 09, 2008
Salma v. Capon, No. A115057
A plaintiff or cross-complainant may not avoid a pleadings challenge pursuant to the anti-SLAPP statute, Code of Civ. Pro. section 425.16, by amending the challenged complaint or cross-complaint before the motion to strike is heard.