HELPFUL CASES AUGUST 2007

    1st Circuit Court of Appeals [None this update]
    2nd Circuit Court of Appeals [None this update]
    3rd Circuit Court of Appeals [None this update]
    4th Circuit Court of Appeals 
    5th Circuit Court of Appeals 
    6th Circuit Court of Appeals
    7th Circuit Court of Appeals [None this update]
    8th Circuit Court of Appeals 
    9th Circuit Court of Appeals
    10th Circuit Court of Appeals [None this update]
    11th Circuit Court of Appeals 
    D.C. Circuit Court of Appeals [None this update]
    Illinois Supreme Court
    Illinois Courts of Appeal    

Federal Courts (August 1, 2007-August 31, 2007)

4th Circuit Court of Appeals

U.S. v. Mooney (8/6/2007, 4th Cir. No. 06-7565) 2007 U.S. App. LEXIS 18619: 1) defendant's counsel provided ineffective assistance of counsel, and but for that assistance, defendant would not have pleaded guilty; and 2) if defendant were able to present the same facts at trial, the trial court would have been required to instruct on a justification defense.

Coble v. Quarterman (8/14/2007, 5th Cir. No. 01-50010) 2007 U.S. App. LEXIS 19327: Death penalty reversed because the Texas special issues precluded the jury from giving meaningful consideration and effect to petitioner's mitigating evidence.

Harrison v. Quarterman (8/14/2007, 5th Cir. No. 04-11188) 2007 U.S. App. LEXIS 19324: Trial counsel ineffective for failing to interview a key witness and call him as a witness at trial.

U.S. v. Amos (8/9/2007, 6th Cir. No. 06-5032) 2007 U.S. App. LEXIS 18833: A defendant's prior conviction for possession of a sawed-off shotgun does not serve as a predicate "violent felony" for purposes of a sentencing enhancement under the Armed Career Criminal Act (ACCA).

Richey v. Bradshaw (8/10/2007, 6th Cir. No. 01-3477) 2007 U.S. App. LEXIS 18983: Trial attorney did not function as counsel guaranteed by the Sixth and Fourteenth Amendments. the forfeiture constituted double billing.

U.S. v. Johnson (7/30/2007, 8th Cir. No. 06-1001) 2007 U.S. App. LEXIS 18059: Convictions and capital sentences for aiding and abetting murder during a drug conspiracy reversed under multiplicity principles.

U.S. v. Yida (8/16/2007, 9th Cir. No. 06-10460) 2007 U.S. App. LEXIS 19468: While the government acted in good faith, it did not use reasonable means to procure the witness's attendance at defendant's retrial; and thus, the government did not establish that the witness was unavailable under Federal Rule of Evidence FRE 804(a).

Jones v. Walker (8/22/2007, 11th Cir. No. 04-13562) 2007 U.S. App. LEXIS 19908: Trial court erroneously deprived petitioner of his Sixth Amendment right to counsel.

People v. Houston (8/2/2007, No. 102225) 2007 Ill. LEXIS 1147: Cause remanded with directions to hold a hearing to reconstruct the record of voir dire proceedings where no record was made of the voir dire process, and thus the court is unable to determine whether the defendant has been prejudiced by trial counsel's failure to raise a Batson claim.

People v. Allen (8//7/2007, No. 3-06-0783) 2007 Ill. App. LEXIS 856: Conviction for drug-related driving under the influence reversed where the State failed to prove defendant had at least some cannabis or THC "in his breath, urine, or blood."