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Proper joinder of co-defendants in non-conspiracy case does not require that all defendants be charged in each count

1 Apr 2009, 7:08 am by Russ

TRIAL/JOINDERUnited States v. [read post]

Direct Appeal - http://directappeal2.blogspot.com/

Man Overboard Off Juneau

6 Jul 2012, 1:14 pm

Boyce, 63, of Haines, AK, fell overboard early the morning of July 4, apparently while attempting to clear the propeller of his boat, 39-foot F/V ELEANOR S, of some fishing gear. [read post]

Maritime Injury Lawyer Blog - http://www.maritimeinjury.com/

Formal evidentiary hearing is not required to probe prosecutor's intent for actions leading to mistrial to determine whether retrial is barred

9 Mar 2009, 6:23 am

Mistrial/Double JeopardyUnited States v. [read post]

Direct Appeal - http://directappeal2.blogspot.com/

Duress defense requires showing of lack of reasonable opportunity to escape

8 Mar 2007, 2:30 pm

DURESS DEFENSEUnited States v. [read post]

Direct Appeal - http://directappeal2.blogspot.com/

Investigatory stop based on suspicion of completed misdemeanor may be proper under certain circumstances

26 Sep 2007, 4:58 am

SEARCH & SEIZUREUnited States v. [read post]

Direct Appeal - http://directappeal2.blogspot.com/

Defendant lacks standing to challenge search of rental van he was driving where he is not authorized renter or driver of vehicle

1 May 2008, 10:01 am

SEARCH & SEIZUREUnited States v. [read post]

Direct Appeal - http://directappeal2.blogspot.com/

Due process is not violated by denial of second competency hearing where defendant’s trial behavior is insufficient to show competence compromised

28 May 2009, 6:17 am by Russ

DUE PROCESS/COMPETENCEUnited States v. [read post]

Direct Appeal - http://directappeal2.blogspot.com/

Property Appellate Court Opinion - 8/6/2012

6 Aug 2012, 9:05 am

DeRosa, Carl F. [read post]

CT Judicial Law Libraries' NewsLog - http://ersa.jud.ct.gov/lawlibnews/Lists/Posts/AllPosts.aspx

Unobjected procedural sentencing error is reviewed only for plain error

22 May 2009, 5:16 am by Russ

SENTENCINGUnited States v. [read post]

Direct Appeal - http://directappeal2.blogspot.com/

Case law quote of the day

9 Mar 2012, 8:39 am by Bart Torvik

"Acuff-Rose Music, Inc. v. [read post]

Gillette-Torvik Blog - http://gillette-torvik.blogspot.com/

Crime of being deported alien found in United States is continuing offense from time of reentry until time defendant is found

13 Jan 2009, 6:37 am

SENTENCINGUnited States v. [read post]

Direct Appeal - http://directappeal2.blogspot.com/

Juvenile conviction for aggravated robbery is violent crime for purposes of sentencing under Armed Career Criminal Act

28 Jun 2007, 6:37 am

SENTENCING U.S. v. [read post]

Direct Appeal - http://directappeal2.blogspot.com/

District court reasonably denied competency hearing where defendant’s behavior was merely odd and disruptive

28 May 2009, 6:59 am by Russ

COMPETENCEUnited States v. [read post]

Direct Appeal - http://directappeal2.blogspot.com/

Pending application seeking lawful immigration status does not alter alien's current unlawful status and thereby permit alien to possess firearm

1 May 2008, 10:05 am

STATUTORY CONSTRUCTIONUnited States v. [read post]

Direct Appeal - http://directappeal2.blogspot.com/

Even though state court sentence provides for concurrent service of federal and state sentences, state court's decision cannot alter federal sentence

30 Apr 2008, 4:30 am

HABEAS/SENTENCINGUnited States v. [read post]

Direct Appeal - http://directappeal2.blogspot.com/

Limits To Relying On Internet Materials And Information In Court (Part III)

24 Sep 2008, 10:13 am

Seventh Circuit agrees that web posts were inadmissible unless authenticated, among other challenges to the Internet evidence, in United States v. [read post]

Federal Evidence Review Blog - http://federalevidence.com/blog

Uncounseled misdemeanor conviction may be used to award criminal history point in sentencing guidelines calculation

31 Jul 2007, 5:10 am

SENTENCINGUnited States v. [read post]

Direct Appeal - http://directappeal2.blogspot.com/

District court should inform defendant of right to appeal sentence only to extent defendant has not waived that right in plea agreement

19 Sep 2007, 4:15 am

APPEAL WAIVER/PLEAUnited States v. [read post]

Direct Appeal - http://directappeal2.blogspot.com/

District court abused discretion by disregarding guidelines and sentencing defendant with extensive criminal history as if he were not career offender

17 Feb 2009, 7:44 am

SENTENCINGUnited States v. [read post]