HELPFUL CASES FEBRUARY 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 [None this update]
    5th Circuit Court of Appeals
    6th Circuit Court of Appeals
    7th Circuit Court of Appeals [None this update]
    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 [None this update] 
    Texas Criminal Court of Appeals

Federal Courts (February 1, 2007-February 28, 2007)

5th Circuit Court of Appeals

U.S. v. Gunera (5th Cir. 2/13/2007, No. 05-20544) 479 F3d 373: Indictment for illegal presence in U.S. barred by the statute of limitations.

U.S. v. Barnwell (6th Cir. 2/27/2007, No. 04-2143) 477 F3d 844: Ex parte communications between the trial judge, prosecution, and government agents violated defendant's constitutionally prescribed rights to due process, effective assistance of counsel, and trial by an impartial judge and jury.

U.S. v. Milwitt (9th Cir. 2/5/2007, No. 05-10344) 475 F3d 1150: The crime of bankruptcy fraud under 18 USC 157 requires a specific intent to defraud an identifiable victim or class of victims of the identified fraudulent scheme.

U.S. v. Hernandez (9th Cir. 2/14/2007, No. 05-50920) 476 F3d 791: Reversible error to not provide a lesser included jury instruction on simple possession in prosecution for possession of methamphetamine with intent to distribute.

U.S. v. Castillo-Basa (9th Cir. 2/26/2007, No. 05-50768) 478 F3d 1025: The Double Jeopardy Clause barred the government from trying a second time to attempt to show that defendant was afforded a deportation hearing and that his testimony to the contrary was untruthful.

Anderson v. Sirmons (10th Cir. 2/21/2007, No. 04-6397) 476 F3d 1131: Defendant received constitutionally ineffective assistance of counsel during the penalty phase of his capital trial.

Ex parte Roemer (Tex. Crim. App. 2/28/2007, No. AP-75,104) 215 SW3d 887: A prior conviction for involuntary manslaughter was improperly used to enhance defendant’s sentence to a felony.