Criminal Law

Daily criminal law and procedure case summaries, brought to you by
  1. (United States Second Circuit) - Vacated a portion of a prison sentence because of an incorrect criminal history finding and remanded, in a case involving a former investment broker who was convicted of securities fraud.
  2. (United States Seventh Circuit) - Held that correctional officials violated a Muslim inmate's rights when they addressed his religious dietary concerns by providing him a vegetarian diet. The inmate argued that his sect of Islam requires its members to follow a diet that regularly includes halal meat. Affirmed a ruling in the inmate's favor in this case involving the Religious Land Use and Institutionalized Persons Act.
  3. (United States Second Circuit) - Revived a prison inmate's lawsuit alleging that medical personnel failed to adequately treat a health condition. Vacated a dismissal in relevant part and remanded.
  4. (United States Second Circuit) - Held that a defendant's trial counsel misled him as to the serious immigration consequences of the crime to which he pleaded guilty, constituting ineffective assistance. Remanded with instructions to grant a writ of coram nobis and vacate his conviction for conspiracy.
  5. (United States Seventh Circuit) - Upheld the denial of an African-American defendant's pretrial motion to transfer the case to a different venue because the nearly all-white jury pool subjected him to a substantial risk of implicit racial bias. Affirmed his conviction for robbing cellphone stores.
  6. (United States Seventh Circuit) - Dismissed an appeal in which a criminal defendant argued that his shackles should have been removed at his arraignment. He had been brought to the courtroom in full restraints. However, the Seventh Circuit concluded that no jurisdiction existed here to support interlocutory review of this issue.
  7. (United States Seventh Circuit) - Vacated a drug-trafficking conviction on the ground that the search of the suspect's apartment was unlawful. Specifically, it was unreasonable for police officers to assume that a woman who answered the door in a bathrobe had authority to consent to a search of the suspect's residence.
  8. (United States Fifth Circuit) - In an amended opinion, held that an inmate did not have to turn over $3,000 in prison wages he had accumulated in his inmate trust account. Although he was under a restitution order, he was current in making the installment payments. Vacated the order below.
  9. (United States Fifth Circuit) - Affirmed a sentencing enhancement for recklessness, in a case involving a conviction for transporting undocumented immigrants. However, held that the defendant qualified for a sentencing reduction for acceptance of responsibility.
  10. (United States Fifth Circuit) - Dismissed a criminal appeal for want of jurisdiction, in a case where the defendant moved for relocation of his supervised release before his term of incarceration had expired.
  11. (United States Seventh Circuit) - Affirmed a defendant's convictions for federal narcotics and firearms offenses. He contended unsuccessfully that evidence obtained from a search of an apartment should have been suppressed.
  12. (United States Fifth Circuit) - Affirmed a conviction for receipt of child pornography, rejecting the defendant's contentions surrounding his attempt to withdraw his guilty plea.
  13. (United States Seventh Circuit) - Affirmed a used-car dealer's conviction for wire fraud and bank fraud in connection with his business dealings with secured lenders. Rejected his arguments regarding the sufficiency of the evidence.
  14. (United States Second Circuit) - Held that a New York inmate was entitled to federal habeas relief based on a Confrontation Clause violation. At the murder trial a detective testified about an alleged accomplice's statement, and there was no opportunity to cross-examine the accomplice. Reversed the denial of habeas relief.
  15. (California Court of Appeal) - Dismissed a criminal defendant's appeal concerning custody credits. Held that his claim was barred because it fell within the scope of his appellate waiver in his written plea agreement.