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9 Jul 2016, 3:23 pm
You really shouldn’t. [read post]
6 Oct 2019, 12:23 pm
It is a rare, bright-line rule: written instructions alone won’t cut it. [read post]
20 Aug 2017, 6:28 pm
Image of “evil hand” t-shirt from https://rlv.zcache.com/warning_i_have_an_evil_hand_that_has_a_mind_t_shirt-recd06010b5eb4765937db6a9aadf3b81_k2gr0_324.jpgSteven Kalar, Federal Public Defender N.D. [read post]
20 Apr 2020, 9:08 am
The majority doesn’t say. [read post]
15 Oct 2017, 10:05 am
That now ain’t true – creating a real ethical quandary for mental health professionals. [read post]
21 Dec 2014, 8:05 am
While the decision’s Speedy Trial holding isn’t terribly surprising, the general problem of delayed revocation proceedings remains real. [read post]
17 Aug 2014, 9:26 pm
Issue(s): “[T]he government raises, as separate error, the prosecutors’ repeated misstatements during closing argument that [the godson] had testified to [the godson’s] deportation for dealing drugs. [read post]
27 Apr 2014, 4:28 pm
Nice win for Caitlin Howard, Ass’t Def., Federal Defenders of San Diego, Inc. [read post]
27 Dec 2020, 4:33 pm
Issue(s): “[T]he government presents two primary arguments . . . . [read post]
31 May 2015, 5:11 pm
The government can’t muck about with the underlying conviction facts, because the state statute at issue “has a single, indivisible set of elements and is missing elements of the generic definition of sexual abuse of a minor. [read post]
14 Jan 2018, 4:42 pm
Avila, the Ninth just reversed a revocation when a defendant wasn’t afforded confrontation in a contested hearing. [read post]
13 Jun 2016, 6:35 am
AFD Ben Coleman, Coleman & Balogh LLP.Facts: Murphy didn't pay his federal taxes. [read post]
26 Jun 2016, 7:22 am
[T]hey do not have ‘as an element the use, attempted use, or threatened use of physical force. [read post]
22 Sep 2013, 7:58 am
In Schesso, Judge McKeown finds the failure to comply with the CDT III protocols aren’t fatal to the search that revealed child porn. [read post]
2 Apr 2017, 8:26 am
Honorable Judge Carlos Bea Practice pointer: When an opinion starts by observing that a defendant stands out as a “cara dura,” things probably won’t end well.United States v. [read post]
16 Aug 2020, 2:00 pm
Judge Bybee explains that the Ninth Circuit hasn’t yet decided the S.O.R., and “[b]ecause we think the result in this case is the same under either standard, we need not resolve this split in authority. [read post]
4 Nov 2012, 8:42 pm
It bears emphasis that Johnson didn’t overrule T.M.: beware of rather narrow Johnson holding when battling these sex conditions on supervision.How to Use: Why does Probation have sex on its mind? [read post]
11 Feb 2018, 1:48 pm
For Further Reading: Remarkably, AUSAs often balk at bench trials (the federal government really doesn’t trust a federal judge to deliver a verdict?) [read post]
4 May 2019, 5:37 pm
” Id. at *5.Held: “[T]he text of the MVRA does not limit restitution to the reach of the indictment, but instead authorizes district courts to order restitution for all losses directly resulting from conduct throughout the course of the fraudulent scheme. [read post]
6 Dec 2014, 3:20 pm
Don’t you wish the Sentencing Commission would take a hard look at mandatory minimum sentences, and recommended statutory changes to Congress to deal with the mess of “crimes of violence” definitions and predicate convictions in general? [read post]
