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Appeals Posts
D.C. Circuit Clarifies Key Issue in Wake of High Court’s ‘Honest Services’ Decision
Jul 29, 2013
D.C. Circuit Clarifies Key Issue in Wake of High Court’s ‘Honest Services’ Decision
A recent D.C. Circuit Court of Appeals decision narrows the ability of the government to revisit uncharged crimes against a person whose plea has been vacated due to a change in the law. In 2007, Russell Caso had pleaded guilty to conspiracy to commit honest-services wire fraud, in violation of 18 U.S.C. §§ 371, 1343…
High Court Clarifies Rule on Plea Discussions in Federal Criminal Cases
Jul 10, 2013
High Court Clarifies Rule on Plea Discussions in Federal Criminal Cases
In a unanimous decision, the Supreme Court held last month in United States v. Davila that a guilty plea does not need to be automatically vacated, regardless of whether there has been prejudice to the defendant, when a magistrate judge improperly advises a defendant to plead guilty. In 2009, Anthony Davila was charged with conspiracy…
BP Employee Gains Dismissal on Obstruction of Justice Charge
Jul 9, 2013
BP Employee Gains Dismissal on Obstruction of Justice Charge
When is a committee not a committee? When it is a subcommittee. More than just a punchline, this is one of the key facts that led a U.S. district judge recently to dismiss charges against an employee of British Petroleum arising from his statements made in response to inquiries from a Congressional subcommittee regarding the…
Andrew Auernheimer Appeals Hacking Conviction in This Internet Law Case
Jul 5, 2013
Andrew Auernheimer Appeals Hacking Conviction in This Internet Law Case
Earlier this week, attorneys for convicted computer hacker Andrew “Weev” Auernheimer filed their opening brief in their appeal to the U.S. Court of Appeals for the Third Circuit to have his conviction overturned. In 2010, Auernheimer’s co-defendant Daniel Spitler, who agreed to plead guilty in 2011, discovered a flaw in AT&T’s iPad user database, that…
Prosecutor Fired for Lying on Facebook to Witnesses in Murder Case
Jun 27, 2013
Prosecutor Fired for Lying on Facebook to Witnesses in Murder Case
For all its benefits, social media has posed some significant challenges for our criminal justice system. One of the more common problems – Internet-related juror misconduct – has been the subject of numerous criminal appeals lately. It has also burdened federal and state governments with added costs for misconduct hearings and retrials. It is no…
What Happens When Big Data and Scientific Approach Meet Criminal Justice?
May 21, 2013
What Happens When Big Data and Scientific Approach Meet Criminal Justice?
A Houston couple is giving an estimated $4 billion in the next few years to try to solve some of the nation’s social problems by the application of careful thought and statistical analysis – and the criminal justice system is one of their targets. John and Laura Arnold have that much to give away because…
Appeals Court Set to Consider Key Sentencing Issue on Profits Derived From Fraud
May 7, 2013
Appeals Court Set to Consider Key Sentencing Issue on Profits Derived From Fraud
The U.S. Court of Appeals for the 3rd Circuit is currently considering a sentencing issue of great significance in cases in which a number of individuals work together to bring about a financial fraud. The question posed is the extent to which a defendant can and/or should be punished based on the profits made through…
Let the Games Begin: Legal Online Poker Starts Up in Nevada
May 1, 2013
Let the Games Begin: Legal Online Poker Starts Up in Nevada
April 30 was an historic day for online poker players in the United States. Just a bit more than two years after the indictment and civil cases that were termed “Black Friday” shut down the industry, Ultimate Poker became the first live real-money online poker site in the United States after Black Friday. Nevada became…
Court to Rule on Exceptions to Warrant Requirement for GPS Tracking
Apr 19, 2013
Court to Rule on Exceptions to Warrant Requirement for GPS Tracking
The U.S. Court of Appeals for the 3rd Circuit is set to become the first federal appellate court to answer the question left open by the Supreme Court in United States v. Jones. Last year, the Court held in Jones that a Fourth Amendment “search” occurs, and a warrant is required, when a GPS tracking…
What’s at the Bottom of the ‘Robosigning’ Scandal?
Apr 9, 2013
What’s at the Bottom of the ‘Robosigning’ Scandal?
The problematic practice of robosigning – whereby banks and other lenders improperly foreclosed on properties through formulaically processing foreclosure documents – has been much in the news over the past couple of years. The feds have been investigating banks and individuals; state attorneys general have joined forces in pursuit of robosigners; and, unsurprisingly, there have…
