HELPFUL CASES SEPTEMBER 2009
SELECTED STATE AND FEDERAL CASES FAVORABLE TO THE DEFENSE
United
States Supreme Court [None this update]
1st Circuit Court of Appeals
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 [None this update]
6th Circuit Court of
Appeals
7th Circuit Court of
Appeals
8th Circuit Court of Appeals
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 [None this update]
Supreme Court of Delaware [None this update]
Supreme Court of Florida
New York Court of
Appeals [None this update]
Illinois Supreme Court [None this update]
Texas Criminal
Court of Appeals [None this update]
Federal Courts (September1-30, 2009)
Selected Decisions:
U.S. v. Cabrera-Rivera (9/25/2009, 1st Cir. No. 08-1702) 2009 U.S. App. LEXIS 21185: Confrontation – Hearsay: Defendant's Confrontation Clause rights were violated by the admission of hearsay evidence.
Simmons v. Beard (9/11/2009, 3rd Cir. No. 05-9001) 2009 U.S. App. LEXIS 20289: Brady: Cumulative effect of the multiple Brady violations undermined confidence in the verdict.
U.S. v. Tinklenberg (9/3/2009, 6th Cir. No. 06-2646) 2009 U.S. App. LEXIS 19800: Post-Indictment Delay: Delay between defendant's indictment and prosecution violated the Speedy Trial Act, and a reprosecution would be contrary to the administration of justice because defendant had already served the entirety of his sentence.
Montgomery v. Bagley (9/29/2009, 6th Cir. No. 07-3882) 2009 U.S. App. LEXIS 21314: Brady: Conviction vacated because prosecution withheld exculpatory pretrial report.
U.S. v. Katz (9/22/2009, 7thCir. No. 08-2341) 2009 U.S. App. LEXIS 20927: Possession Of Firearm By A Felon (18 USC 922(g)): Insufficient Evidence.
U.S. v. Dooley (9/1/2009, 8th Cir. No. 08-3523) 2009 U.S. App. LEXIS 19627: Felon In Possession Of A Firearm (18 USC 922(g)(1)): Instruction On Constructive Possession: Ambiguity in a jury instruction that defendant was in constructive possession of the firearm was reversible error.
U.S. v. Espinosa (9/18/2009, 8th Cir. No. 08-3354) 2009 U.S. App. LEXIS 20763: Aggravated Sexual Abuse: Insufficient Evidence Of Victim’s Age.
Hamilton v. Ayers (9/18/2009, 9th Cir. No. 06-990080 2009 U.S. App. LEXIS 21107: IAC: Death Penalty – Failure To Investigate Mitigation: Trial counsel was constitutionally ineffective for failing to investigate and present to the jury the wealth of classic mitigating evidence that was available to him.
Hurst v. State of Florida (9/17/2009, No. SC07-1798) 2009 Fla. LEXIS 1558: IAC: Death Penalty – Failure To Investigate Mitigation.