Recent Posts in Criminal Offense Category

Wrong judge? Case comming back

US v. Harris, No. 11-10053 (Noonan with B. Fletcher and Paez). [Disclosure: This is an Az FPD case]. The defendant was sentenced by a judge other than the one who presided over the trial. The 9th held ...
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Latest in the 9th Circuit

In Nitschke, No. 10-36121 (5-24-12)(Paez with Fisher and Clifton) the 9th affirmed the denial of petitioner's claim for habeas relief under Apprendi. The petitioner failed to preserve the Apprendi ...
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Pro Per

US v. Carpenter, No. 10-30146 (5-22-12)(per curiam with Kozinski, Tallman, and Ikuta). Note to defendants wanting to represent themselves: if you are going to ask to represent yourself, try not to ...
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Latest in interpreter issues

US v. Romo-Chavez, No. 10-10424 (5-23-12)(O'Scannlain with Lasnik, D.J.; Berzon concurring). The 9th allows the government to introduce at trial a defendant's admissions to a Border Patrol ...
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Ineffective assistance of counsel

Thomas v. Chappell, No. 09-99024 (5-10-12)(Graber with Bea; dissent by O'Scannlain). "Bo did it!" At least that is what petitioner claimed when prosecuted for two murders that occurred ...
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Latest in probation cases from the 9th Circuit

US v. Vallee, No. 11-30131 (5-10-12)(Callahan with Hug and D. Nelson). Does a judge have to sign a summons for a SR violation? "No," said the 9th, because the court read and signed the ...
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Latest in the 9th Circuit

US v. Zhou, No. 10-50231 (5-10-12)(M. Smith with Kleinfeld and Sammartino, D.J.) An infinite number of law clerks, conducting an infinite number of Westlaw searches, eventually would connect the ...
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Latest court rulings regarding testimonial evidence

In United States v. Hieng, 09-10401 which was an appeal from: C.D. Cal. (Wanger, J.) and argued & submitted: 8/30/11 to the Court panel in San Francisco, it was upheld a jury conviction and ...
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Latest news in theft!

US v. Milovanovic, No. 08-30381 (4-24-12)(en banc)(Tallman writing; Clifton concurring). Sitting en banc, the 9th considers what exactly is required for theft of honest services under the mail fraud ...
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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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