Search for: "Smith v. Quarterman"
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21 Apr 2009, 12:01 pm
Smith , No. 08-1477 Sentence for distribution of child pornography is affirmed where: 1) the district court did not abuse its discretion in refusing to grant defendant a continuance for another chance to present expert testimony; 2) the district court correctly applied 18 U.S.C. sec. 3553 (a) when sentencing defendant, and did not fail to adequately address the factors set forth in the statute; and 3) there is no evidence that the district court's tangential statements about early… [read post]
4 Aug 2008, 7:06 pm
Quarterman, No. 06-10872 Denial of a habeas corpus petition alleging that a trial judge was required to recuse himself is affirmed where the state appellate court's decision denying a new trial was not contrary to, and did not involve an unreasonable application of, clearly established federal law, and therefore did not meet the structural error test requiring automatic reversal.. [read post]
14 Apr 2008, 11:34 am
Smith, No. 06-3112 In a case addressing the constitutionality of a vehicle impoundment under the Fourth Amendment in circumstances in which there was no standardized policy regarding the impoundment and towing of vehicles, the circuit court rules that the constitutionality of a community caretaking impoundment is judged by directly applying the Fourth Amendment, which protects people against "unreasonable" searches and seizures. [read post]
17 Dec 2008, 7:16 pm
Quarterman, No. 05-20350 Denial of federal habeas petition is reversed and remanded for a de novo hearing of appellant's ineffective assistance of counsel claims, as the state habeas trial court's findings do not survive review where the appellate court did not specify which facts it accepted and which it rejected in denying the petition. [read post]
30 Jan 2008, 7:35 am
" U.S. 5th Circuit Court of Appeals, January 23, 2008 Smith v. [read post]
18 Apr 2010, 8:59 am
Supreme Court retirements inevitably produce much more coverage of process than substance. [read post]
