Search for: "Kimbrough v. State"
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30 Dec 2008, 11:02 am
Many individuals mistakenly believe that the United States Supreme Court's 2007 decision in Kimbrough v United States, 128 S. [read post]
29 Dec 2008, 9:41 am
Kimbrough v. [read post]
27 Dec 2008, 10:32 am
The issues raised in the appeal will be discussed in future blogs as will the United States Supreme Court's recent decision in Kimbrough v United States, 128 S. [read post]
19 Dec 2008, 2:45 pm
Ice, which deals with Blakely's applicability to consecutive sentencing determinations, and United States v. [read post]
19 Dec 2008, 8:47 am
In Microsoft v. [read post]
10 Dec 2008, 5:04 am
In light of the Supreme Court's rulings in Gall and Kimbrough, which had come down in the interim, the majority held in United States v. [read post]
8 Dec 2008, 4:58 pm
United States v. [read post]
1 Dec 2008, 9:18 pm
Prelesnik, No. 072522 In conviction for second degree murder, grant of writ of habeas corpus for ineffective counsel is affirmed where: 1) potential alibi witnesses coupled with an otherwise weak case rendered the failure to investigate the testimony sufficient to "undermine confidence" in the outcome of the jury verdict; and 2) the state appellate court's application of Strickland v. [read post]
24 Nov 2008, 9:07 pm
United States and Danforth v. [read post]
21 Nov 2008, 4:57 pm
Edwards Sixth Amendment — Federal Sentencing Guidelines — Deviation Based on Policy Disagreements: Kimbrough v. [read post]
17 Nov 2008, 6:39 pm
Buie, No. 070258 Sentence of fifteen years for being a felon in possession of a firearm is affirmed where: 1) because the maximum penalty for the offense to which defendant pleaded guilty was ten years or more under state statute, defendant's state felony narcotics conviction qualified as a "serious drug offense" under the Armed Career Criminal Act (ACCA); and 2) defendant's allegation that he was deprived of counsel at his plea hearing did not state a… [read post]
20 Oct 2008, 6:46 pm
U.S., No. 07-10689 Sentence for possession of cocaine base with intent to distribute is reversed and the case remanded where the district court's statements during sentencing showed that it did not think it had the discretion, which was later upheld by the Supreme Court in Kimbrough v. [read post]
14 Oct 2008, 7:02 pm
United States v. [read post]
5 Oct 2008, 3:06 pm
"United States v. [read post]
1 Oct 2008, 10:44 pm
Citing the reasoning in the recent Supreme Court decision, Kimbrough v United States that permitted Federal District Courts to consider the "100-1" ratio when considering whether or not to sentence below the federal sentencing guidelines in crack (or cocaine base) cases, Tilem & Campbell asked the Courts to take the ruling one step further and declare the mandatory minimums unconstitutional. [read post]
29 Aug 2008, 2:55 pm
This case essentially denies a Kimbrough v. [read post]
28 Aug 2008, 2:15 pm
Mitchell, No. 02-3505 Denial of a petition for habeas relief in a death penalty case is reversed where: 1) a state court applied the Strickland standard in an objectively unreasonable manner for purposes of claims that petitioner's counsel were ineffective in preparing for the sentencing phase of his trial; 2) the state court unreasonably determined that the alleged errors of trial counsel did not prejudice petitioner's case; and 3) a state court erroneously… [read post]
19 Aug 2008, 4:28 pm
United States v. [read post]
19 Aug 2008, 3:52 pm
A split decision today from the Eleventh Circuit in US v. [read post]
