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Blog Posts in Criminal Offense

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  • Wrong judge? Case comming back
    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
    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
    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
    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 agent ...

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  • Ineffective assistance of counsel
    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 in 1985 in a ...

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  • Latest in probation cases from the 9th Circuit
    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 petition, and ...

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