US v. Quintero, 09-2715, concerned a challenge to a conviction of defendant and his getaway driver and girlfriend for bank robbery, and their sentences. In affirming both the conviction and the sentence, the court held that the defendant knowingly and voluntarily waived his right to appeal. The court also held that the co-defendant’s participation in the escape phase of the bank robbery was sufficient to convict her of being an accomplice in accordance with jury instructions. Lastly, the co-defendant’s sentencing enhancement for the discharge of a firearm was appropriate as the district court was reasonable in concluding that defendant’s firing of the gun could be attributed to co-defendant as an aider and abettor.
Etherly v. Davis, 09-3535, concerned a challenge to the district court’s grant of a petition for habeas relief from defendant’s first degree murder conviction and a denial of state’s motion to stay the judgment pending appeal. In reversing, the court held that the Illinois Appellate Court identified the correct totality of the circumstances test, considered all relevant factors, and made a legally defensible determination that defendant’s inculpatory statement was voluntary. Also, the appellate court’s analysis and conclusion were not objectively unreasonable under the law.
Related Resources:
- Full text of Etherly v. Davis, 09-3535
- Full text of Univ. of Chicago Med. Ctr. v. Sebelius, 09-3429
- Full text of US v. Quintero, 09-2715
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