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OT 13

Paroline v. United States, USSC No. 12-8561, 4/23/14, vacating and remanding In re Amy Unknown, 701 F.3d 749; Scotusblog page (includes links to the briefs and case commentary) Resolving a split among federal circuit courts about how to determine restitution in child pornography cases under 18 U.S.C. § 2259, the Supreme Court holds that where a defendant possessed… Read More

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Navarette v. California, USSC No. 12-9490, 4/22/14, affirming People v. Navarette, No. A132343, 2012 WL 4842651 (Cal. Ct. App. Oct. 12, 2013) (unpublished); Scotusblog page (includes links to the briefs and commentary) Validating the rationale employed by the Wisconsin Supreme Court in State v. Rutzinski, 2001 WI 22, 241 Wis. 2d 729, 623 N.W.2d 516, the… Read More

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Randy White v. Robert Keith Woodall, USSC No. 12-794, 4/23/14, reversing and remanding Woodall v. Simpson, 685 F.3d 574 (6th Cir. 2012); case activity It’s getting harder and harder to win a habeas case.  Woodall requested an instruction forbidding jurors from drawing adverse inferences from his decision to not testify during the penalty phase of… Read More

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United States v. James Alvin Castleman, USSC No. 12-1371, 3/26/14, reversing and remanding United States v. Castleman, 695 F.3d 582 (6th Cir. 2012); case activity As noted in our analysis of SCOTUS’s decision to grant certiorari, the issue in this case is: Whether [Castleman’s] Tennessee conviction for misdemeanor domestic assault by intentionally or knowingly causing bodily injury to… Read More

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Rosemond v. United States, USSC 12-895, 3/5/14, vacating and remanding United States v. Rosemond, 695 F.3d 1151 (10th Cir. 2012); Scotusblog page (includes links to the Court’s docket, the briefs, and commentary on the case) Resolving an issue that had split the federal circuit courts, the Supreme Court holds that in a prosecution for aiding and… Read More

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United States v. Apel, USSC 12-1038, 2/26/14 United States Supreme Court decision, vacating and remanding United States v. Apel, 676 F.3d 1202 (9th Cir. 2012). Federal law makes it a crime to reenter a “military . . . installation” after having been ordered not to do so “by any officer or person in command.” 18 U.S.C. §… Read More

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Fernandez v. California, USSC 12-7822, 2/25/14, affirming People v. Fernandez, 145 Cal Rptr.3rd 51 (Cal Ct. App. 2012). Docket here; SCOTUSblog analysis of decision here; Orin Kerr’s “Five Thoughts on Fernandez” here; On Point analysis of cert grant here Police officers may, without a warrant, search a jointly occupied premises if one of the occupants… Read More

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Kaley v. United States, USSC 12-464, 2/25/14 United States Supreme Court decision, affirming United States v. Kaley, 677 F.3d 1316 (11th Cir. 2012) In a 6-to-3 decision, the Supreme Court holds that when a post-indictment, ex parte restraining order under 18 U.S.C. § 853(e) freezes assets that are potentially subject to forfeiture but which the defendant needs to retain counsel, the defendant is… Read More

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