The police get a call. Someone is banging on the windows and trying to break into a house. They respond. A guy is outside, holding a beer, and knocking on the door. He says that he is “here for [his] people.” The police ask him to stop, frisk him, and find a .38 caliber revolver. Except he was there for his people, as in to help his people. And he was a felon in possession of a firearm....
In Dahl v. Rice County, No. 09-1210, an action alleging constitutional violations resulting from plaintiff’s termination as a deputy sheriff, the court affirmed summary judgment for defendants where 1) there was no evidence that this single incident of the sheriff losing his temper represents a policy of the sheriff or of Rice County; 2) plaintiff was not “informing the public” that the department was engaged in “misfeasance, malfeasance or nonfeasance,” but rather he focused on the sheriff’s unpleasant demeanor; and 3) there was no evidence that the sheriff was authorized to assault employees, as would be necessary for him to prevail on a claim of procedural due process....
Just a few weeks into the new year and there are already several big headlines coming out of the United States Supreme Court. From upcoming hearings to some strongly-worded dissents, these are some of the cases we’re keeping an eye on: Tribes Say Treasury Failed to Distribute COVID Relief Congress allocated $8 billion to help Native populations during the pandemic. Then months went by without any of it being distributed. In late May, the Treasury sent out about $4....
Does the use of social media undermine the credibility of the U.S. Supreme Court? Chief Justice of the Supreme Court John Roberts spoke about the use of Facebook and Twitter among the Nine at the Fourth Circuit Court of Appeals Judicial Conference last Saturday. At the conference, which was covered by CSPAN, Justice Roberts talked about the inner workings of the U.S. Supreme Court. The Fourth Circuit judicial conference took place in White Sulphur Springs in West Virginia last weekend....
Collateral attack on defendant’s state’s conviction for drug related offense prohibited US v. Aguilar-Diaz, 10-3808, concerned a challenge to the district court’s imposition of a 11-month sentence after increasing defendant’s offense level based on a prior felony conviction for forgery and tampering with records, in a prosecution of defendant for illegal reentry after deportation. In affirming the sentence, the court held that it is not necessary to determine whether defendant’s forgery conviction is void in Ohio or, if it is, whether it would still be valid for federal sentencing purposes because defendant’s claim that his Ohio felony conviction was improperly used in calculating his applicable guidelines range is a prohibited collateral attack on a state conviction....
Conviction for drug crimes is vacated and remanded for a new trial where the district court abused its discretion in failing to grant a mistrial as the government’s failure to disclose inculpatory documents to defense counsel interfered with defendant’s substantial rights. The district court did not err in denying defendant’s motion to suppress physical evidence obtained from defendant’s car and hotel room, and did not abuse its discretion in admitting evidence of defendant’s prior convictions....
Felon In Possession Sentence Affirmed In US v. Nash, No. 09-3796, the court affirmed defendant’s sentence for being a felon in possession of a firearm, holding that 1) defendant’s 1995 adjudication for First Degree Criminal Sexual Conduct under Minnesota’s Extended Juvenile Jurisdiction (EJJ) was not a predicate offense under 18 U.S.C. section 924(e); 2) because the firearm defendant possessed in Minnesota was manufactured in Massachusetts, there was a sufficient interstate nexus to provide federal jurisdiction; and 3) given defendant’s violent and extensive criminal history, as well as the district court’s consideration of the sentencing factors, the imposed sentence was substantively reasonable....
Conviction and sentence of defendant for bankruptcy fraud, obstruction of justice, and possession of child pornography is affirmed in part, reversed in part and remanded where: 1) either the bankruptcy fraud conviction or the obstruction of justice conviction must be vacated as the crimes committed in a bankruptcy proceeding are the same offense for purposes of double jeopardy; 2) conviction for possession of child pornography is affirmed; 3) intended loss must be recalculated as defendant presented credible evidence for discounting a stream of future payments to future value; and 4) the guidelines sentencing range must be redetermined....
Defendant’s conviction for possession of a firearm in furtherance of a felony is affirmed where: 1) the evidence was sufficient to show the requisite nexus between the firearm and the drug operation; and 2) the district court erred in instructing the jury to find that defendant possessed the firearm “during and in relation to the crime” instead of “in furtherance of” the crime, but the error was harmless because the evidence demonstrating that defendant used the pistol to facilitate the criminal activity was overwhelming....
Defendant’s firearm possession conviction is reversed and the district court is instructed to dismiss the indictment with prejudice where the length of time between defendant’s indictment and prosecution violated the Speedy Trial Act, and a reprosecution would be contrary to the administration of justice because defendant had already served the entirety of his sentence, as well as his sentence for violating his supervised release. Read US v. Tinklenberg, No. 06-2646...
Advocates have been attempting to ratify the Equal Rights Amendment (ERA) for nearly 100 years. Finally, this week, both houses of the Virginia General Assembly passed the proposed Constitutional amendment. As the 38th state to ratify the amendment, it should now be added to the U.S. Constitution, right? Not so fast. Despite doing everything the Constitution requires to ratify an amendment, some critics are arguing that the process took too long, and the whole exercise is now moot....
One week ago, Arkansas became the 22nd state in the United States to give the green light to same sex marriage, says Bloomberg. On Monday, same sex couples waited in line outside county court houses to obtain marriage licenses. But, some counties didn’t issue licenses citing confusion. As parties on both sides of the issue scramble for clarity, one question now remains: will the court’s decision be stayed? Arkansas Ban on Same Sex Marriage Arkansas had both a state law, and amendment to its constitution banning same sex marriage....
Two South Carolina chicken farmers filed a federal class-action lawsuit April 18, claiming they were ripped off by a standard poultry industry contracting practice that may be victimizing others like them. Michael and Jean-Nichole Diaz, a married couple, contend that after they signed a contract with Amick Farms LLC in 2019 to provide chickens for the poultry processing company, they unwittingly became little more than unprotected and poorly paid employees....
Zachary Wilson, a prisoner in Pennsylvania whose murder convictions have twice been overturned, will not yet be able to challenge a third prosecution. Before the court may hear his federal Rule 60(b) motion, Wilson must first exhausting his state court claims, the Third Circuit ruled on Monday. Wilson had been convicted of two murders in Philadelphia in the early 1980s, only to have those convictions overturned decades later. He remained in prison for years, under arrest for the same murders whose convictions had just been vacated, but was not arraigned until 10 years later....
The separation of powers is good for everyone – unless you’re a state governor with a political agenda you want to implement quickly. Then you might find the judiciary, for instance, to be a bit of a nuisance. Gov. Sam Brownback wouldn’t be the first governor to confront this issue, but he may be one of the first to tackle the issue by attempting to replace Kansas judges. At least, that’s how Brownback’s critics interpret his latest proposals concerning constitutional amendments....
Jockeys at Puerto Rico’s lone horse-racing track have been paid the same amount since 1989; a $20 “mount fee” for each race and a share of the prize money if they finish at least fifth. Unsurprisingly, they became fed up with the low pay and other work conditions at the track. In 2016, when attempts at negotiation failed, they made the most decisive play most workers can make: They didn’t show up....
In a strange turn of events for the lawyer-turned-celebrity-TV-lawyer, Michael Avenatti, life is truly getting more and more like a Hollywood script. The larger-than-life lawyer is now facing federal criminal charges of funding that large-life based on fraud, and extortion. The charges were announced the day after Avenatti Tweeted out his own announcement that he would hold a press conference to drop a bombshell relating to a scandal involving Nike and college football....
New Jersey’s attempt to regulate sports betting is in the news again, but this time it’s because the Supreme Court denied certiorari. But, in true New Jersey fashion, a new bill was passed within days based on arguments the Department of Justice (“DoJ”) made in its brief to provide a work around. Will the new law (if it goes into effect) be challenged? You can bet on it. Challenges Below and Above The Professional and Amateur Sports Protection Act of 1992 (PASPA) prohibits “betting, gambling, or wagering scheme based, directly or indirectly…, on one or more competitive games in which amateur or professional athletes participate, or are intended to participate, or on one or more performances of such athletes in such games....
Otto von Bismarck said something like, “there are two things you don’t want to see made: law and sausage.” That’s also – more or less – what the U.S. Ninth Circuit Court of Appeals said about chocolate in Hodson v. Mars, Inc. The appeals court said the candy-maker defendant had no duty to disclose whether child-slave labor was used to make its products. “Reprehensible” as the process may be, the appeals court said, that has little to do with chocolate products....
After several years of appeals, the United States Supreme Court has weighed in, again, on the debate over whether car dealership service advisors are entitled to overtime under the Fair Labor Standards Act, in Encino Motorcars v. Navarro. The case ping-ponged from the district to appellate court, to SCOTUS, then back down and back up to SCOTUS again. The case, filed back in 2012, sought back pay for car dealership service advisors....
