HELPFUL CASES DECEMBER 2007

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

Federal Courts (December 1-December 31, 2007)

Watson v. U.S. (12/10/2007, No. 06–571) ____ US ____ [169 LEd2d 472; 128 SCt 579]: In the context of criminal sentencing, a person who trades his drugs for a gun does not "use" a firearm "during and in relation to . . . [a] drug trafficking crime" within the meaning of 18 USC 924(c)(1)(A).

Kimbrough v. U.S. (12/10/2007, 06-6330) ____ US ____ [169 LEd2d 481; 128 SCt 558]: The federal court may depart from the guidelines based on the lack of support for the difference between crack and powder cocaine.

U.S. v. Griffin (2nd Circuit, No. 05-4016, 12/21/2007) 2007 U.S. App. LEXIS 29540: Guilty plea to possession of child pornography after unlawfully downloading such images to a computer using a peer-to-peer file-sharing program is vacated where the government breached the plea agreement.

U.S. v. Jordan (4th Cir., No. 06-4258, 06-4264, 12/4/2007) 2007 U.S. App. LEXIS 27985: Convictions for murder while engaged in a drug trafficking offense, as well as drug and firearms-related offenses, are reversed as violation of plea agreement.

U.S. v. Mastrapa (4th Circuit, No. 06-4512, 12/12/2007) 2007 U.S. App. LEXIS 28684: Guilty plea to conspiracy to distribute methamphetamine is vacated where defendant not admit the necessary mens rea before entering his plea.

U.S. v. Colonna (4th Circuit, No. 06-5237, 12/20/2007) 2007 U.S. App. LEXIS 29403: Trial court erred in denying defendant's motion to suppress statements made without Miranda warnings, since coercive pressures existed from defendant's interrogation taking place in a police dominated environment where the agents did everything to make defendant, or any reasonable man believe that he was not free to leave.

5th Circuit Court of Appeals

U.S. v. Lopez-Valenzuela (5th Circuit, No. 05-61130, 12/19/2007) 2007 U.S. App. LEXIS 29387: For Speedy Trial Act purposes, the clock begins to run on the date of the indictment regardless of the plea date.

U.S. v. Taylor (7th Circuit , No. 05-2007 & 05-2008, 12/7/2007) 2007 U.S. App. LEXIS 28288: Remand for supplemental factfinding because the district court did not put factual findings on the record regarding the credibility of the government's reason for striking a certain juror.

U.S. v. Mannie (7th Circuit, No. 06-1353, 12/12/2007) 2007 U.S. App. LEXIS 28683: Co-defendant's outbursts at trial presented an unacceptable risk of prejudicing the jury.

Smith v. Patrick (9th Circuit, No. 04-55831, 12/4/2007) 508 F3d 1256: On remand from the United States Supreme Court for reconsideration in light of Carey v. Musladin (2006) ____ US ____ [166 LEd2d 482; 127 SCt 649], the circuit court reaffirms its prior holding that no rational trier of fact could have found beyond a reasonable doubt that petitioner caused the child's death, and that a state court's affirmance of petitioner's conviction for assault on a child resulting in death was an unreasonable application of Jackson v. Virginia (1979) 443 US 307.

U.S. v. Zalapa (9th Circuit, No. 06-50487, 12/5/2007) 2007 U.S. App. LEXIS 28007: A defendant who fails to object in the district court to multiplicitous convictions and sentences does not waive his or her right to raise a double jeopardy challenge on appeal.

Byrd v. Lewis (9th Circuit, No. 06-15977, 12/11/2007) 2007 U.S. App. LEXIS 28628: State court's application of harmless error review to the trial court's jury instruction lowering the prosecution's burden of proof was contrary to or an unreasonable application of clearly established Supreme Court precedent.

Bradley v. Henry (9th Circuit, No. 04-15919, 12/19/2007) 2007 U.S. App. LEXIS 29297: (1) Holding in-camera hearing regarding attorney-client breakdown without petitioner present denied her right to the assistance of counsel. 2) The court constitutionally erred in refusing to replace appointed counsel when the attorney-client relationship between him and petitioner had broken down.

U.S. v. Cohen (9th Circuit, No. 06-10145, 06-10199, 06-10201, 12/26/2007) 2007 U.S. App. LEXIS 30028: District court wrongfully excluded the expert testimony of his psychiatrist who would have offered evidence of mental state of recidivist tax protester.

10th Circuit Court of Appeals

U.S. v. Fell (10th Circuit, No. 06-1438, 12/18/2007) 2007 U.S. App. LEXIS 29304: Defendant's prior Colorado state conviction for conspiracy to commit second degree burglary was not a violent felony conviction for purposes of sentencing him as an armed career criminal per James v. U.S. (2007) ____ US ____ [167 LEd2d 532; 127 SCt 1586].

U.S. v. Williams (10th Circuit, No. 06-5036, 12/20/2007) 2007 U.S. App. LEXIS 29534: Indictment required dismissal due to a failure to comply with the requirements of the Speedy Trial Act.

U.S. v. Revels (10th Circuit, No. 06-5223, 12/20/2007) 2007 U.S. App. LEXIS 29524: Order suppressing incriminating statements made by defendant per Miranda is affirmed where a reasonable person in defendant's position would have considered her freedom of movement to be restricted to a degree consistent with formal arrest.

U.S. v. Adefehinti (D.C. Circuit, No. 04-3080, 12/18/2007) 2007 U.S. App. LEXIS 29215: Money laundering conviction reversed where the evidence was insufficient to show defendant intended to conceal funds.

People v. Ortiz (No. 1-06-1314, 12/17/2007) 2007 Ill. App. LEXIS 1290: First degree murder conviction reversed based on newly discovered evidence.

People v. Danielson (No. 170, 171, 12/13/2007) 9 N.Y.3d 342: Appellate affirmance overturned where reviewing court limited its weight of the evidence review to credibility issues and failed to weigh the conflicting testimony and conflicting inferences in light of the elements as charged at trial.

Hicks v. State of Texas (No. PD-0154-06, 12/12/2007) 2007 Tex. Crim. App. LEXIS 1749: Error to substitute the word "possession" for the definition of "care, custody, or control" in Texas statute punishing injury to a disabled person by omission. (Texas Penal Code § 22.04(d).)