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21 May 2014, 9:19 am
Early last week, U.S. [read post]
10 Oct 2023, 7:42 am
The U.S. [read post]
14 Sep 2017, 1:33 pm
,ON BEHALF OF THEMSELVES AND FOR ALL OTHER SIMILARLY SITUATED v. [read post]
18 Apr 2011, 3:39 pm
This case languished before the U.S. [read post]
17 Mar 2012, 8:29 am
United States v. [read post]
9 Jul 2007, 4:07 am
Ohio, 392 U.S. 1 (1968); United States v. [read post]
30 May 2017, 8:30 am
This post is the third part of a four-part series on the Fourth Circuit’s recent en banc decision in IRAP v. [read post]
2 Mar 2007, 1:35 pm
Which (of course) promptly happens in early January 2007.Then Seaton writes a pro se petition saying (essentially) "Please let me keep staying out of prison because my wife is sick. [read post]
22 Jan 2008, 11:10 am
"Sure, this argument has its origin at least as far back as an early opinion by Chief Justice Marshall. [read post]
8 Dec 2011, 2:20 pm
I discussed the earlier one here. [read post]
27 Aug 2012, 2:47 pm
Judge Fletcher says that to allow such evidence the prosecution has introduce evidence that the defendant was, in fact, guilty on the earlier occasion. [read post]
8 Apr 2010, 11:53 am
"Still, my mind couldn't help but draw the analogy between this opinion and those earlier cases about who's "really" black. [read post]
27 Mar 2007, 10:04 am
Then, a year later, in September 2006, the panel withdrew its original opinion and filed a new opinion that upheld the uniform shackling policy, albeit somewhat meekly.Then, earlier today, the panel withdrew its amended opinion and filed a new -- and presumably final -- opinion that again upheld the uniform shackling policy, this time a little more strongly.Third time's a charm? [read post]
11 Aug 2009, 11:05 am
Judge Tallman finds -- in a quite well-written opinion -- that there's a qualitative difference between (1) forthrightly admitting to the police that you have cocaine in a closed container, which suffices to waive your Fourth Amendment privacy expectations, and (2) using secret code words in a jailhouse telephone call that you know is monitored in the hope that your confederate can dispose of some evidence, which does not.But Judge Tallman then concludes the opinion by hinting to the district… [read post]
16 Feb 2010, 11:48 am
And equally important (again, to me) is that those prior offenses were darn similar to the criminal offenses for which he was earlier convicted in Arizona before moving to Montana; essentially, we have a guy here who really, really likes to lie to banks (and, thereafter, to the bankruptcy court). [read post]
22 May 2012, 12:02 pm
Moreover, the fact that, later in the proceedings, Carpenter may perhaps have cooled down doesn't mean that the trial judge was right to ignore the earlier request for self-representation: statements don't become "equivocal" retroactively.)There's no reason to put in this unnecessary alternative holding given that Carpenter's request was untimely. [read post]
26 Nov 2008, 7:04 pm
It was an unusual situation; nonetheless, you'd have thought the government could have gotten it together at least a little earlier. [read post]
27 Aug 2012, 6:22 am
Earlier this month, the federal district judge handling the Kilpatrick case denied the defendants' motion finding that the information requested would not help the defendants make a "prima facie showing of a fair-cross section violation. [read post]
24 Apr 2012, 12:28 pm
Who signed onto the earlier opinion and -- unlike Judges Kleinfeld and Fernandez -- were drawn for the en banc panel. [read post]
24 Apr 2009, 10:17 am
At trial, the jury learns about previous domestic violence, including the fact that during a different argument between the parties earlier that year, the defendant hit the victim on the head with a liquor bottle. [read post]
