Blog Posts in 2011

Latest in Sexual Abuse Cases

US vs. Fasthorse, No. 10-30093 (4-1-11)(M. Smith with Graeber and Fisher). The defendant appeals a conviction for sexual abuse under 18 USC 2242(2)(B). The defendant argues there is insufficient ...
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Immigration

US vs. Bonilla, No. 09-10307 (3-11-11)(Reinhardt with Berzon and Pollak, Sr. D.J., E.D. Pa). In Padilla, the Supremes made clear that the defendant must be advised of the immigration consequences to a ...
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Sex Offenses

US vs. Fernandes, No. 09-30135 (3-14-11)(Per curiam with Thomas, Graber, and Tallman). Must a court order a defendant convicted of abusive sexual contact under 18 USC 2244(b) to register as a sex ...
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Update in Death Penalty Cases

WASHINGTON (AFP) The US Supreme Court on Monday rejected a final appeal request from high-profile death row inmate Troy Davis, who was seeking a new trial after witnesses recanted their testimony ...
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Latest in Brady

US vs. Kohring, No. 08-30170 (3-11-11)(Thomas with Tashima, partial concurrence and partial dissent by B. Fletcher). The defendant here was a former state representative charged and convicted of ...
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Latest immigration news

US vs. Bonilla, No. 09-10307 (3-11-11)(Reinhardt with Berzon and Pollak, Sr. D.J., E.D. Pa). In Padilla, the Supremes made clear that the defendant must be advised of the immigration consequences to a ...
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Aggravated Identity Theft updates

In United States v. Harrell, 10-30176 an appeal from W.D. Wash. (Jones, J.) submitted: 3/10/11, panel: Fisher Gould Tallman (author) Holding: The panel affirmed a conviction for aggravated identity ...
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Prisoner Civil Rights

In Noble v. Adams, 09-17251, an Appeal from: E.D. Cal. (Ishii, J.)Argued & Submitted: 2/15/11Panel: Noonan O'Scannlain Trott (author), this Court took up the subject matter of Prisoner Civil ...
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Latest constitutional arguments

In United States v. Guo, 09-50394, an appeal from C.D. Cal. (Walter, J.) argued & submitted: 11/1/10 Panel: Pregerson Seventh Circuit Judge Ripple Graber HOLDING:Affirming a conviction for ...
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Update in judicial discretion

Recently in US vs. Fernandes, No. 09-30135 (3-14-11)(Per curiam with Thomas, Graber, and Tallman) the question arose whether a court must order a defendant convicted of abusive sexual contact under 18 ...
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UPDATES IN IDENTITY THEFT

Recently in the 9th Circuit Court of Appeals in US vs. Harrell, No. 10-30176 (3-17-11)(Tallman with Fisher and Gould) a good question arose: what are parentheticals good for in statutes? Not much, ...
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UPDATES IN CRIMINAL LAW

In the United States Court of Appeals for the 9th Circuit, the Court took on Cook v. Brewer, No. 11-5303 (3/16/11) (O'Callahan with O'Scannlain and Graber). Petitioner filed a 1983 action ...
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Mark Goudeau Trial Update

Trial is set to begin April 19, 201l with jury selection.
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Release conditions

United States v. Watson, 09-50666 Subject Matter: Criminal Law Holding: The 9th Circuit panel affirmed a judgment revoking supervised release in the case of a defendant who concedes that he became a ...
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illegation immigration

United States v. Salazar-Mojica, 09-50632 Subject Matter: Criminal Law Holding: The 9th Circuit panel affirmed a sentence imposed following the defendant's guilty plea to being a deported alien ...
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Drug Trafficking

Affirming a conviction for importation of cocaine and possession with intent to distribute, the 9th Circuit panel wrote that neither United States v.Vallejo, 237 F.3d 1008 (9th Cir. 2001), nor its ...
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Legal Services

If you are charged with any criminal offense, call Randall Craig, at (480) 767-0400. Our offices handle every kind of felony and misdemeanor offenses including aggravated assault, burglary, credit ...
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Orders of Protection

Under the Arizona Revised Statutes, a person may file a verified petition with a judge for an Order of Protection for the purpose of restraining a person from committing an act included in domestic ...
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Domestic Violence

According the the Arizona Revised Statutes almost any kind of conduct that rises to a disturbance can be classified as domestic violence if any of the following applies: A. The relationship between ...
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MARK GOUDEAU TRIAL

In today's status conference, Judge Granville granted the State's Motion To Continue the current trial setting to April 19, 2011. If you have any questions about trial dates, witness settings or ...
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DNA UPDATES

Hamilton v. Brown, No. 09-15236 (1-4-11)(Tashima with Cowen and Silverman). The 9th Circuit has upheld the taking of blood samples for DNA identification under California's DNA and Forensic ...
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Search and Seizure Updates in Court

Under the Fourth Amendment a law enforcement officer can now seize an object from a criminal suspect's pocket during a consensual search that the officer has probable cause to believe is drugs basd on ...
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Felony Warrants updates

A brief detention of the wrong person is permissible when the actual person sought by law enforcment is wanted in connection with a completed felony or felony arrest warrant, especially when the ...
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