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The government’s use of a former cellmate’s testimony to introduce a defendant’s statements about his planned trial strategy didn’t violate the Sixth Amendment right to the effective assistance of counsel where the witness wasn’t a government informant when the defendant confided in him. Also, a federal probation officer’s warrantless search of the home and car of a person “serving a term of supervised release” didn’t violate the Fourth Amendment because the probation officer needed only a “reasonable suspicion” to search, not a warrant or probable cause. United States v. Chandler, No. 18-1841, 56 F.4th 27 (2d Cir. [Dec. 27,] 2022) (C.J.J.’s Lynch, Carney, and Sullivan).
17 Jan 2023, 7:34 am by Darrell Fields
Chandler, No. 18-1841, 56 F.4th 27 (2d Cir. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
FL1: Where defendant's wife left him because of abuse, she still had common authority to consent to search their home
25 Dec 2011, 9:03 pm
Backus, 349 F.3d 1298, 1304 (11th Cir. 2003) (affirming the lower court's denial of the defendant's motion to suppress because the defendant's wife, who fled as a result of the defendant's abuse, still had enough common authority over, or a sufficient relationship to, the marital home to consent to a search of it). [read post]
FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1
Court Denies Dueling Sanctions Motions from Both Plaintiffs and Defendants: eDiscovery Case Law
27 Aug 2019, 10:01 pm by Doug Austin
Aug. 6, 2019), Oklahoma District Judge Jodi F. [read post]
eDiscovery Daily Blog - http://www.ediscoverydaily.com/
Pleading Section 271(f) Infringement Claim Requires Identification of Exported Components
27 Oct 2017, 7:05 am by Docket Navigator
§§ 271(f)(1)&(2) for failure to state a claim. [read post]
Docket Report Patent Infringement Blog - http://docketreport.blogspot.com/
VENZER RC'D
10 Apr 2013, 11:30 pm by Rumpole
F*ck you! [read post]
Justice Building Blog - http://justicebuilding.blogspot.com/
"No, You Just Thought You Were a Defendant," the Sixth Circuit Tells MERS
2 Oct 2012, 4:30 am
., 680 F.3d 849 (6th Cir. 2012). [read post]
Class Action Fairness Act Blog - http://www.cafalawblog.com/
DEFENDING EMPLOYERS AGAINST WORKPLACE DISCRIMINATION CLAIMS BASED ON SEXUAL ORIENTATION
17 Apr 2018, 12:09 pm by Mavrick Law Firm
  Peter Mavrick, of the Mavrick Law Firm, is a Fort Lauderdale employment lawyer who regularly defends businesses against employment discrimination accusations, claims, and lawsuits. [read post]
Florida Business Litigation Lawyer Blog - https://www.mavricklaw.com/blog/
NACDL's 6th Annual Defending the White Collar Case Seminar – “Passport, Please: Defending in an International Enforcement Climate,” Friday, October 1, 2010
1 Oct 2010, 12:09 pm by White Collar Crime Prof Blogger
Duross, Linda Friedman Ramirez, Mark F. [read post]
White Collar Crime Prof Blog - http://lawprofessors.typepad.com/whitecollarcrime_blog/
In re Seagate's "Objective Recklessness" Test Does Not Render Defendant's Knowledge of Patent Irrelevant to Willfulness
20 Nov 2009, 5:31 am by The Docket Navigator
"[Defendant] maintains that this factor is irrelevant under [In re Seagate 497 F.3d 1360 (Fed. [read post]
Docket Report Patent Infringement Blog - http://docketreport.blogspot.com/
Discovery for Organizational Defendants / Invited Error / Inconsistent Verdicts
16 Oct 2012, 11:34 am by Christy Unger
Maury, --- F.3d ----, 2012 WL 4074565 (3d Cir. [read post]
Third Circuit Blog - http://circuit3.blogspot.com/
Title: Fifth Circuit Notes Split re Defendant's Burden Under Exclusionary Provision of Sentencing Guidelines
5 Feb 2007, 3:55 am
Barnes, 244 F.3d 172, 177 & n.6 (1st Cir.2001) (defendant bears a burden of persuasion); United States v. [read post]
Split Circuits - http://splitcircuits.blogspot.com/
Second Circuit Recognizes Importance of Defendants' Right To Examine Prosecution Witness's Racism
7 Dec 2008, 7:28 pm
Figueroa --- F.3d ----, 2008 WL 4911158 [2nd Cir 11/18/08], the Court held that an Hispanic defendant's constitutional right to confrontation was violated when the federal district court judge precluded cross-examination of a prosecution witness about the witness's swastika tattoos. [read post]
New York Criminal Defense - http://newyorkcriminaldefense.blogspot.com/
Trial With Many F-Bombs, Including On Juror’s Shirt
18 Oct 2013, 10:11 pm by John Mesirow
“WHO THE F[UCK] IS KANYE WEST? [read post]
Legal Juice - http://www.legaljuice.com/
Another reason for Carter G. Phillips to drop the f-bomb?
22 Dec 2006, 1:05 pm
Phillips to drop the f-bomb? [read post]
How Appealing - http://howappealing.law.com/
Sufficient Showing That Defendant Made Uncharged Internet Chats Under FRE 404(b)
29 Sep 2009, 1:49 am
Zahursky, __ F.3d __ (7th Cir. [read post]
Federal Evidence Review Blog - http://federalevidence.com/blog
In an action to recover damages for medical malpractice, the defendant appeals f
12 Feb 2013, 3:04 pm
The issue in this case is whether defendant doctor should be held liable for medical malpractice together with defendant Health & Hospitals Corporation. [read post]
New York Medical Malpractice Blog - http://www.nymedicalmalpracticelawyerblog.com/
Fictitious defendants in Federal U.S. District Court for the Central District of California
18 Apr 2012, 1:55 pm by Michael Reiter, Attorney at Law
Webb, 655 F.2d 977, 979 (9th Cir. 1981). [read post]
Michael Reiter, Attorney at Law Blog - http://michaelreiterlaw.wordpress.com/
For Infringement Under 35 U.S.C. § 271(f)(2), Components Must Be Especially Designed For The Patented Invention, Not Just The Accused Product
26 Jan 2009, 11:44 pm
The court denied plaintiff's motion to compel defendant's worldwide sales data and rejected plaintiff's argument that such information was relevant under 35 U.S.C. [read post]
Docket Report Patent Infringement Blog - http://docketreport.blogspot.com/
Cal.2: Police can removed defendant and ask for consent from co-tenant; rejecting 9th Cir. authority
4 Aug 2012, 7:09 am
” (Henderson, supra, 536 F.3d at p. 783.) [read post]
FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1
Defendants Convicted of Crack Offenses Who Received Cooperation Departures Below the Mando are not Barred From Seeking a Sentence Reduction Under Section 3582(c)(2)
30 Apr 2013, 1:53 pm by Christofer Bates
Doe, 564 F.3d 305 (3d Cir. 2009), and allows defendants who were sentenced below their mandatory minimum sentences for substantial assistance to move for a sentence reduction under 18 U.S.C. [read post]
Third Circuit Blog - http://circuit3.blogspot.com/