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Recent Post
- Implied Bias Of Prospective Jurors And Challenging A Juror For Cause
- Statute of Limitations For Habeas Corpus and The Certificate of Appealability
- Waiver Of The Right To Appeal
- Grand Jury Practice: When Is A Withdrawal A Dismissal And When Must The DA Seek Court’s Permission To Re-present To The Grand Jury
- Eyewitness Identification Expert: When Is Expert Testimony Admissible
Monthly Archives: January 2011
Federal Sentencing: Reduction of Sentence – Amendment 706 and District Court Discretion under § 3582 – Controlled Substances
UNITED STATES OF AMERICA, Appellee, – V.- LAWRENCE JOHNSON, ALBERTO FLAHARTY, also known as Enrique, also known as Rique, GARTH BRUCE, also known as G-Man, Defendants-Appellants. Decided January 28, 2011 Second Circuit Court of Appeals.
Fourth Amendment – Search and Seizure – The Protective Sweep Doctrine
USA v. Hassock Decided January 28, 2011 Second Circuit Court of Appeals Issue : Whether the search of the defendant’s bedroom and seizure of a gun found under the bed was lawfully conducted pursuant to the Protective Sweep Doctrine, when … Continue reading
Federal Sentencing: Plain Error – Abuse of Discretion and Remanding To A Different Judge.
UNITED STATES OF AMERICA v. GARY COSSEY Decided January 28, 2011 Second Circuit Court of Appeals. Appeal from a decision of the United States District Court for the Northern District of New York (Sharpe, J.) sentencing defendant Gary Cossey (“Cossey”) … Continue reading
Habeas Corpus: Claims previously adjudicated in State Court and Summary Denial
HARRINGTON v. RICHTER Decided by the United States Supreme Court January 19, 2011 Issue : Does the writ of Habeas Corpus under 28 USC § 2254, which, as amended by the Antiterrorism and Effective Death Penalyt Act of 1996 (AEDPA) … Continue reading
Posted in Habeas Corpus
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Immigration Petition to Alter Status and ICE Removal Order
Galluzzo v. Holder Immigration Case Decided Second Circuit Court of Appeals January 26, 2011 Issue : Whether the due process rights of Galluzzo were violated when U.S. Immigration and Customs Enforcement (ICE) issued a removal order without affording him a … Continue reading
Posted in Blog, Immigration
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