HELPFUL CASES JULY 2009

    United States Supreme Court [None this update]
    1st Circuit Court of Appeals 
    2nd Circuit Court of Appeals 
    3rd Circuit Court of Appeals
    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 [None this update]
    10th Circuit Court of Appeals 
    11th Circuit Court of Appeals [None this update]
    D.C. Circuit Court of Appeals [None this update]
    Supreme Court of Delaware [None this update]
    Supreme Court of Florida [None this update]
    New York Court of Appeals [None this update]
    Illinois Supreme Court [None this update]
    Texas Criminal Court of Appeals [None this update]

Federal Courts (July 1-31, 2009)

Selected Decisions:

U.S. v. Ayala-Garcia (7/24/2009, 1st Cir. Nos. 07-2129, 07-2130) 2009 U.S. App. LEXIS 16343:

Possession Of Weapon With Obliterated Serial Number: (1) the evidence was sufficient for a rational jury to find beyond a reasonable doubt that one defendant was guilty of knowing possession of a firearm with an obliterated serial number; (2) Prosecutor Misconduct: Improper Statements: The prosecutor's challenged statements constituted misconduct, and the improper comments so poisoned the well that the trial's outcome was likely affected.

U.S. v. Daye (7/10/2009, 2nd Cir. No. 08-1012) 2009 U.S. App. LEXIS 15275: ACCA: Escape As A Violent Felony: The District Court must consider of remand whether defendant's escape conviction constitutes a conviction for a violent felony.

U.S. v. Bah (7/31/2009, 2nd Cir. No. 07-4370) 2009 U.S. App. LEXIS 16915: Unlicensed Money Transmitting Business (18 USC 1960): Court erred in refusing to give defendant's requested jury instruction on the scope of 18 USC 1960.

U.S. v. Cuevas-Reyes (7/10/2009, 3rd Cir. No. 08-3059) 2009 U.S. App. LEXIS 15276: Shielding Illegal Aliens (8 USC 1324): Defendant's conduct did not meet the requirements of the test established in United States v. Ozcelik (3d Cir. 2008) 527 F3d 88.

U.S. v. Ricks (7/20/2009, 4th Cir. No. 07-5127) 2009 U.S. App. LEXIS 15870: Self-Defense: Applicability To Firearm Possession: Court erred in denying defendant's proposed justification instruction; a reasonable trier of fact could have found that defendant's possession of firearm was justified as self-defense.

U.S. v. Molina-Solorio (7/27/2009, 5th Cir. No. 08-10167) 2009 U.S. App. LEXIS 16493: Speedy Trial: Presumed Prejudice: Lengthy delay, combined with the government's negligence and defendant's timely assertion of his rights, warranted a finding of presumed prejudice.

U.S. v. Moncier (7/8/2009, 6th Cir. No. 07-6053) 2009 U.S. App. LEXIS 14953: Contempt: Different Judge: Defendant's conviction for contempt of court vacated because the judge before whom defendant engaged in the allegedly contemptuous conduct should not have presided over the trial of the charges.

U.S. v. Rush-Richardson (7/9/2009, 8th Cir. No. 08-2414) 2009 U.S. App. LEXIS 15122: Possession Of Firearm In Furtherance Of Drug Trafficking (18 USC 924(c)): In Relation To Drug Crime As Lesser Included: Court erred in its jury instruction on possession of a firearm in furtherance of a drug crime as the instruction allowed the jury to convict on a lesser finding.

U.S. v. Hutchinson (7/27/2009, 10th Cir. No. 07-1204) 2009 U.S. App. LEXIS 16776: RICO Instructions: Court's RICO instructions were adequate because they required that the members of the alleged RICO enterprise shared a common purpose, that they interacted or associated in some way to advance this shared purpose, and that the members of the enterprise so functioned long enough to complete a pattern of racketeering activity.

U.S. v. Hutchinson (7/27/2009, 10th Cir. No. 07-1204) 2009 U.S. App. LEXIS 16776: Multiplicity/Double Jeopardy: Drug Conspiracy And CCE Prosecution: Prosecutions for both drug conspiracy and for participating in a continuing criminal enterprise amounted to double jeopardy.