HELPFUL CASES FEBRUARY 2008

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

Federal Courts (February 1-29, 2008)

U.S. Supreme Court

Danforth v. Minnesota (2/20/2008, No. 06–8273) ____ US ____ [169 LEd2d 859; 128 SCt 1029] Teague v. Lane (1989) 489 US 288, limits the kinds of constitutional violations that will entitle an individual to federal habeas corpus relief, but does not in any way limit the authority of a state court, when reviewing its own state criminal convictions, to provide a remedy for a violation that is deemed "nonretroactive" under Teague.

U.S. v. Cunningham (3rd Cir. 2/21/2008, No. 06-3899) 2008 U.S. App. LEXIS 3644: Evidence insufficient for the jury to find that defendant possessed a gun or aided and abetted his companions' possession of the gun.

Reliable Consultants, Inc. v. Earle (5th Cir., 2/12/2008, No. 06-51067) 2008 U.S. App. LEXIS 3102: Texas statute making it a crime to promote or sell sexual devices impermissibly burdens individuals' substantive due process right to engage in private intimate conduct of his or her choosing.

U.S. v. Howard (5th Cir. 2/12/2008, No. 07-20212) 2008 U.S. App. LEXIS 3100: Erroneous "honest services" instruction required reversal of conviction for falsifying books and records under Yates v. U.S. (1957) 354 US 298 (1957).

Tassin v. Cain (5th Cir. 2/14/200, No. 07-70013) 2008 U.S. App. LEXIS 3208: Capital murder conviction vacated because jury was not informed of a beneficial sentencing agreement.

U.S. v. Bell (6th Cir. 2/14/2008, No. 06-6248) 2008 U.S. App. LEXIS 3152: Drug- and firearm-related offenses vacated because the district court erred by permitting the government to introduce evidence of defendant's prior drug convictions under FRE 404(b) and in violation of defendant’s due process right to a fair trial.

U.S. v. Odeneal (6th Cir. 2/22/2008, No. 06-5885, 06-5915) 2008 U.S. App. LEXIS 3708: Conviction reversed due to Batson [Batson v. Kentucky (1976) 476 US 79 [90 LEd2d 69; 106 SCt 1712]] error.

Bies v. Bagley (6th Cir. 2/27/2008, No. 06-3471) 2008 U.S. App. LEXIS 4160: Double Jeopardy Clause bars respondent-warden's claim that state should be permitted to relitigate the mental retardation finding in light of Atkins v. Virginia (2002) 536 US 304.

Price v. Thurmer (2/1/2008, No. 06-4116) 514 F3d 729: IAC re: insanity issues.

Larson v. Palmateer (9th Cir. 2/13/2008, No. 04-35465) 2008 U.S. App. LEXIS 3097: Visibly restraining a criminal defendant is not allowed unless the trial court finds the restraints are necessary under the particular circumstances of the case.

Anderson v. Terhune (9 Cir. 2/15/2008, No. 04-17237) 2008 U.S. App. LEXIS 3227: Where the defendant indicated that he wanted to end the interrogation by stating repeatedly that he was "through with this," that he wanted to "be taken into custody," and that "I plead the Fifth," he unequivocally invoked his right to remain silent, and state court’s conclusion that defendant’s invocation of right was ambiguous was an unreasonable determination of fact and contrary to Davis v. United States (1994) 512 US 452, 459 [a suspect need not speak with the discrimination of an Oxford don.] (See also Michigan v. Mosely (1975) 423 US 96, 103.) Additionally, the state court’s determination that defendant waived right where he responded to officers’ questions after the officers ignored his invocation of right was similar error.

U.S. v. Villanueva-Sotelo (D.C. Cir. 2/15/2008, No. 07-3055) 2008 U.S. App. LEXIS 3254: Under the federal aggravated identity theft statute, 18 USC 1028A(a)(1), the mens rea requirement extends to the phrase "of another person," meaning that the government must prove the defendant actually knew the identification in question belonged to someone else.

State Courts (February 1-29, 2008)

Selected Decisions:

Martinez v. State of Florida (2/21/2008, No. SC06-1597) 2008 Fla. LEXIS 224: Merger Doctrine. For the forcible-felony instruction to apply, there must be an independent forcible felony other than the one which the defendant claims he or she committed in self-defense.

State of Florida v. Larzelere (2/28/2008, No. SC05-611, SC06-148) 2008 Fla. LEXIS 273: Death sentence reversed because 1) the postconviction trial court erred when it denied a claim that jury instructions constituted a constructive amendment or fatal variance to the indictment; 2) trial counsel was conflicted and ineffective during the guilt phase; 3) the cumulative effect of procedural and substantive errors deprived defendant of a fundamentally fair trial; and 4) defendant was denied effective assistance of appellate counsel.

Ey v. State of Florida (2/28/2008, No. SC03-2161) 2008 Fla. LEXIS 270: When a defendant has committed two separate crimes and informs his attorney about both of them, the attorney's erroneous advice that his plea in one case could not be used to enhance his sentence in the other constitutes ineffective assistance of counsel.