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Crack is wack, especially when it’s discovered during a warrantless search of an automobile; but that doesn’t mean that it inadmissible. The Sixth Circuit Court of Appeals ruled this week that evidence seized from an automobile exception warrantless search of defendant’s car, and the subsequent search of his girlfriend’s home, could be used to prosecute him. An anonymous informant contacted the Jackson Narcotics Enforcement Team (JNET) in Jackson, Mich. to report that one, Jamail Arnold, was selling crack cocaine out of his burgundy mid-1980s Monte Carlo....

Many judges welcome friend-of-the-court submissions as helpful tools to decide cases. However, according to Judge Scudder, who offered tips for submitting amicus briefs in a recent opinion, these briefs too often simply repeat the parties’ arguments using different language. In effect, they are provided to show broad support for a position. According to Judge Scudder, an amicus brief should not be submitted as a vote from a special interest group for a particular outcome....

Defendant’s counterfeiting and firearm possession conviction is remanded to the district court for an evidentiary hearing to determine whether, by stipulating to the facts that supported his convictions, defendant voluntarily entered into the stipulation knowing of the likely consequences his stipulation would have upon his appeal. Read US v. Livingston, No. 09-6077 Appellate Information Filed November 16, 2009 Judges Opinion by Judge Briscoe Counsel For Appellant: James T. Rowan, Oklahoma City, OK...

Sentencing of a defendant convicted of receiving child pornography under U.S.S.G. section 3C1.1 is affirmed where: 1) district court did not err in applying a two-level obstruction of justice enhancement in finding that defendant’s repeated contacts with a minor victim in violation of his pretrial release order was intended to hamper prosecution; 2) defendant was not entitled to receive an additional point reduction for acceptance of responsibility as the court could not consider the additional one point reduction in the absence of a motion from the government under section 3E1....

Could there be anything sweeter than being 18, out of high school, and ready to flee the nest? It’s time to live under a different roof than your parents, and not worry about their silly (to you) rules. But adulting doesn’t mean getting to do whatever you want. With that first place comes signing a lease. A lease agreement is a contract you sign to rent an apartment or home. When you are 18, you are an adult in the eyes of the law and held to any contracts you sign....

Capital Habeas Matter In Williams v. Ryan, No. 07-99013, a capital habeas matter, the court affirmed in part the denial of petitioner’s habeas petition, holding that the trial court was not required to appoint a mental health expert at sentencing because the defendant did not make any showing that his mental state at the time of the murder was at issue by virtue of drug use. However, the court reversed in part where 1) the Arizona courts had discretion as to the weight to be given petitioner’s drug addiction, but erred by refusing to consider it at all unless he proved it was a factor in the crime; and 2) the trial court needed to conduct an in-court evidentiary hearing on petitioner’s Brady claim challenging the conviction....

“I’ve got this thing and it’s f—— golden … And I’m just not giving it up for f—— nothing.” Blagojevich’s own words, as reported by seattlepi.com, sum up the reason for his conviction on 18 counts of corruption. Rod Blagojevich was tried and convicted by a jury of 18 counts: 14 wire fraud, 6 conspiracy, one attempted bribery, and one making false statements. As a result, he was ordered to pay $200,000 in fines and sentenced to 14 years imprisonment....

Service dogs have long worked to help facilitate the independence of the blind, but in recent years man’s best friend has been conscripted to assist people suffering from a much wider range of disabilities. As pooches proliferate, public accommodations are wrestling with questions about whether service can be denied to the owners of these canine caregivers. The Third Circuit case of Matheis v. CSL Plasma, Inc. examined whether a blood bank, in the name of safety, could bar a person who uses a psychiatric service dog from giving blood....

US v. Springer, No. 08-6381, concerned a challenge to a conviction of a former Army member for possessing an unregisterd firearm in violation of 26 U.S.C. sections 5861(d) and 5871, for taking a live rocket home from an Army base and keeping it in his garage. In affirming the conviction, the court held that section 5861(d) does not prohibit possession of an unregistered firearm that is in the possession or under the control of the U....

When you hear the term “banana republic," what comes to mind? Chances are, part of what comes to mind are images of a ragtag country run by a ruthless dictator who uses the military to maintain his hold on power. If you do some Googling, though, you’ll see lots of recent “banana republic" references to a seemingly unusual nation: the United States. In particular, these have popped up in the wake of President Trump’s threat, back in June, that he might call upon federal troops to quell protests and riots that erupted following the death of George Floyd at the hands of Minneapolis police....

In US v. Ruiz-Gaxiola, No. 08-10378, an illegal reentry prosecution, the court reversed the district court’s order authorizing the government to administer antipsychotic medication forcibly, where 1) the district court erred in finding that the Sell factors were met without affording the question the “thorough consideration and justification” and “especially careful scrutiny” required; 2) the district court clearly erred in finding that the government proved by clear and convincing evidence that the proposed regime of involuntary medication is substantially likely to restore defendant to competency, as required under the second Sell factor; and 3) the district court clearly erred in finding that the government proved by clear and convincing evidence that the proposed treatment was medically appropriate, as required under the fourth Sell factor....

In September, Attorney General William P. Barr reportedly told federal prosecutors that they should consider charging rioters in Portland and elsewhere with sedition. It’s probably fair to say that when most of us think of sedition, words like “conspiracy” or “government overthrow” come to mind, so Barr’s suggestion sounded like a reach. Many legal experts thought so too, including Andrew Napolitano, a former judge and Fox News commentator, who called it “a bridge too far....

Most people expected the impeachment inquiry against President Trump underway in the House of Representatives to be a knock-down, drag-out affair. But even those expectations fell short, as last week the White House announced that it will not cooperate in any form with the “illegitimate” and “dangerous” impeachment inquiry. In an explosive memo addressed to House Speaker Nancy Pelosi, White House Counsel Pat Cipollone said that because “your inquiry lacks any legitimate constitutional foundation, any pretense of fairness, or even the most elementary due process protections, the Executive Branch cannot be expected to participate in it....

Justice is often less than precise. Some cases are easily tied in a neat little bow. Then there are cases involving 26 indictments and 40 defendants, and sentencing enhancements that get misapplied due to a deficient defense counsel filing frivolous motions. Recently, the Seventh Circuit Court of Appeals had the pleasure of handling one such, let’s just say, rare appeal. The defendant, LeeAnn Brock-Miller, pleaded guilty to a conspiracy to possess with intent to distribute heroin charge, and received a 10 year sentence....

Some rapscallions were vandalizing and stealing property from Gear Automotive in Kansas City. The police, after investigating, expressed their hunch that the culprits would return, and suggested that someone guard the lot. As many of my fellow-Missourians would do, Robert Gear decided to round up a posse - himself, his brother Darrel, and some armed guy named Joe. When unidentified individuals did show, the predictable happened, and Joe accidentally shot Robert....

The twin challenges to Nevada and Hawaii’s prohibitions on same-sex marriage took further steps towards diverting, and in Hawaii’s case, derailing. Though the cases were initially put on parallel tracks by the Ninth Circuit, extensions were requested in both cases, postponing the resolution of the issue in both states. In Hawaii’s case, a prior extension was granted due to the state legislature’s plan to address the issue. A second unopposed request was filed earlier this week, after Hawaii became the 15th state to allow same-sex marriage, Equality on Trial reports....

Sidney Powell and other lawyers connected to a Michigan lawsuit to overturn the 2020 election have been sanctioned by a federal judge, who called the suit a “historic and profound abuse of the judicial process.” Judge Linda Parker of Michigan’s Eastern District held that, regardless of whether there was fraud in the 2020 election in the state of Michigan, the attorneys who filed the lawsuit “abused the well-established rules” of litigation and proffered claims that were not backed by law....

Carpenter v. Repub. of Chile, No. 09-3743, involved an action claiming that plaintiff was subject to abuse by the courts of Chile in a criminal case that was initiated in Santiago, Chile over ten years ago. The court affirmed the dismissal of the action in part, on the grounds that 1) the district court did not err in dismissing plaintiff’s claims against the Republic of Chile based on its sovereign immunity; and 2) plaintiff could not assert a claim on behalf of British Airways against a third party....

In law school, they don’t really teach students how to deal with subpoenas. That learning is left for the school of hard knocks. That explains why so many attorneys enter practice ill-prepared for the work. If it weren’t for paralegals and GPS, some associates couldn’t find their way to the courthouse. On the other hand, you would expect big time lawyers to know better when it comes to such tasks. Take for instance, White House lawyers....

In most states, the only legal options for your body when you die are burial, cremation, or donation. But people in a small handful of states now have a new option: human composting. The “green burial" movement has gained traction in the last few years as consumers look for less costly and more environmentally friendly ways to end their lives. They want to avoid the often-exorbitant expense of traditional funerals. They also want to avoid the less-expensive option of cremation, with its significant environmental cost....