SUPREME COURT REBUKES NINTH CIRCUIT PAROLE DECISION

The Supreme Court, Friday, for the third time in the last ten days reversed a grant of habeas corpus by the Ninth Circuit Court of Appeals. It ruled that the Ninth Circuit cannot use habeas corpus to enforce a state given right, not recognized under Federal law. The Federal habeas statute prohibits Federal Courts from granting writs of habeas corpus for violations of state law that do not guarantee Federal liberty interests supported by Supreme Court decisions. It states that […] Read more »

SENTENCE FOR GIVING MATERIAL SUPPORT TO HEZBOLLAH REDUCED

Mohamad Hammoud was convicted of aiding the enemy. Specifically he was convicted of providing material support to groups designated as terrorist organizations by the United States. Hammoud and his brother smuggled cigarettes from his home state of North Carolina to Michigan. Out of the profits Hmmoud donated $3500 to Hezbollah. He was the first person convicted of violating the 1996 law banning donations to terrorist groups. Hammoud, who was tried shortly after the September 11, 2001 attacks on the World […] Read more »

TWO YEARS OF TAKING THE FIFTH

Today is two years since I began this blog. Thank you to all my readers, both those who sometimes agree with me and those who don’t for reading and occasionally commenting. Its not always easy but I enjoy it and your feed back makes it worth doing. We continue to evolve. Follow us on Twitter: http://twitter.com/#!/search/TakingTheFifth Thank you Zadik Shapiro Read more »

NINTH CIRCUIT SUSPENDS SPEEDY TRIAL DEADLINES IN ARIZONA

The District Court for the State of Arizona declared a judicial emergency and suspended statutory deadlines for starting criminal trials due to the heavy caseload and the lack of a full roster of judges. The court which had some of the most crowded dockets in the nation just suffered the death of its Chief Judge John Roll who was killed in the massacre in which Congressmember Gabrielle Giffords was shot in Tucson. The Court now has three vacancies. The recent […] Read more »

AHMED KHALFAN GHAILANI SENTENCED TO LIFE FOR BOMBING OF U.S. EMBASSIES

Ahmed Khalfan Ghailani the first Guantanamo detainee to be tried civilly was sentenced to life in prison yesterday after a trial on charges stemming from the bombing of the 1998 U.S. embassies in Tanzania and Kenya that killed 224 people by U. S. District Judge Lewis Kaplan. A New York jury convicted him of one count of conspiracy to damage or destroy U.S. property and found him not guilty on 284 counts of murder and conspiracy. Ghailani was accused of […] Read more »

FOURTH CIRCUIT REVERSES CONVICTION FOR ATTORNEY SIGNING STIPULATION OVER CLIENT’S OBJECTION

The Fourth Circuit Court of Appeals reversed a conviction where the attorney, over the objection of her client agreed to an evidentiary stipulation. Randolph Williams was charged with conspiracy to possess for distribution heroin. Heroin was sent from Panama addressed to the girl friend of Victor Johnson, a friend of Williams. Prior to the delivery a UPS employee became suspicious and turned the package over to law enforcement officers. A police officer dressed as a UPS employee delivered the package […] Read more »

THIRD CIRCUIT SUPPRESSES EVIDENCE AFTER STATE TROOPER LIES

Allen Brown was indicted on bank robbery charges. The robbers used Scream masks. A Scream mask was found in an abandoned van stolen by the robbers. The police had the mask tested for DNA. They had reason to suspect Brown but they did not have probable cause to either arrest him or obtain a warrant to obtain DNA from him. FBI Special Agent Robert Smith wrote an affidavit, sworn under oath, based upon information he received from Pennsylvania State Trooper […] Read more »

SUPREME COURT REVERSES ANOTHER GRANT OF HABEAS CORPUS

Yesterday we looked at a Supreme Court case reversing a grant of habeas corpus by the Ninth Circuit. Today we look at a sister case, Harrington v. Richter,, reversing another Ninth Circuit grant of habeas corpus for a violation of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Joshua Richter and Christian Branscombe were convicted of murdering Patrick Klein and shooting Joshua Johnson in Johnson’s house during a robbery. Johnson was shot in his bed and Klein was […] Read more »

SUPREME COURT DENIES WRIT OF HABEAS CORPUS FOR INCOMPETENCE OF COUNSEL

December 7, 1941 may have been a day that lived infamy when Japan bombed Pearl Harbor but for Randy Joseph Moore December 7,1995 is the day. For on that day Moore, together with two friends, attacked Kenneth Rogers. After they bloodied him they tied him with duct tape and threw him into the trunk of a car. Then they drove him into the countryside and Moore shot and killed him. That was just the first of his mistakes. He then […] Read more »