Citing a series of U.S. Supreme Court rulings, including Blakely v. Washington, 542 U.S. 296 (2004), the Court of Appeals for the Second Circuit ruled on March 1 that a New York state statute that permits stiffer sentences for persistent felony offenders violates defendant’s constitutional rights. In the ruling Judge…
To view the full-text of cases you must sign in to FindLaw.com. All summaries arU.S. 1st Circuit Court of Appeals, February 03, 2010 Janosky v. St. Amand, No. 09-1012 District court’s denial of defendant’s petition for habeas relief in a case arising out of an armed robbery gone awry is…
To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw U.S. Supreme Court, January 25, 2010 Hemi Group, LLC v. City of N.Y., No. 08–969 In an action by New York City against an online cigarette seller under the civil enforcement provision…
A Service from the ABA Criminal Justice Section, http://www.abanet.org/crimjust The U.S. Supreme Court has ruled against a defendant convicted of the rape of a 9-year-old girl after a night of heavy drinking. The Supreme Court said in a per curiam opinion that overstated estimates of a DNA match at trial…
To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw CRIMINAL LAW & PROCEDURE, EVIDENCE, HABEAS CORPUS, PER CURIAM McDaniel v. Brown, No. 08-559 In habeas proceedings arising from a rape conviction, a circuit court of appeals’ order affirming the grant of…
January 18, 2010 – January 1, 2010 To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw Supreme Court, January 19, 2010 Wellons v. Hall, No. 09–5731 In a capital habeas matter, the petition for certiorari is granted and the court of…
January 18, 2010 – January 1, 2010 To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw U.S. Supreme Court, January 21, 2010 Citizens United v. FEC, No. 08–205 The Court rules that the government may regulate corporate political speech through disclaimer…
January 11, 2010 No. 08-809. The defendant, Troy Brown, had alleged on appeal that the state mischaracterized the probability that his DNA matched that of someone in the general population. He also claimed that a prosecution expert had misstated the chances of a DNA match between himself and his two…
December-28, 2009 – January 1, 2010 To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw. U.S. 1st Circuit Court of Appeals, December 28, 2009 US v. Dyer, No. 08-1343 Sentence on a defendant convicted of possessing child pornography is affirmed where:…
December-28, 2009 – January 1, 2010 To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw. U.S. 2nd Circuit Court of Appeals, December 30, 2009 Wilner v. Nat’l. Sec. Agency, No. 08-4726 In a Freedom of Information Act (FOIA) action filed by…