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Appeals Posts
Nevada Case Points to Perils of Assertion of 5th Amendment in Civil Cases
Mar 12, 2012
Nevada Case Points to Perils of Assertion of 5th Amendment in Civil Cases
One of the hardest decisions on which a lawyer may be called upon to advise a client in civil litigation is the decision whether to assert the Fifth Amendment privilege. On the one hand, the overlap between pending civil and criminal matters may make it dangerous for the client to make statements that could incriminate…
D.C. Appeals Court Rejects Challenge to Admission of Handwriting Evidence
Mar 8, 2012
D.C. Appeals Court Rejects Challenge to Admission of Handwriting Evidence
If there was ever an open question as to whether forensic handwriting identification is admissible under D.C.’s common law of evidence, the D.C. Court of Appeals has finally put that question to rest. On February 9, 2012, the Court of Appeals held that handwriting comparison and identification, as practiced by FBI examiners, passes the Frye…
D.C. Circuit Tackles Ex-Prosecutor’s Allegations of Privacy Violations
Feb 20, 2012
D.C. Circuit Tackles Ex-Prosecutor’s Allegations of Privacy Violations
After a nearly decade-long legal battle, the Department of Justice (DOJ) is seeking to dismiss once and for all the privacy suit of Richard Convertino, a former federal prosecutor in Detroit who alleges that the DOJ illegally gave the press details of an internal investigation into his alleged misconduct. In February 2004, Convertino filed a…
Death Penalty Overturned Because of Sleeping, Tweeting Jurors
Jan 25, 2012
Death Penalty Overturned Because of Sleeping, Tweeting Jurors
Contrary to our prediction, the Arkansas Supreme Court has vacated the conviction and sentencing of capital-murder defendant Erickson Dimas-Martinez and remanded the case for a new trial on grounds of juror misconduct. Although the decision is a definite victory for defendants, it may well invite a flood of appeals based on allegations of misconduct, regardless…
Convicted of Fraud but Changed Their Lives; Appeals Court Takes Note
Nov 29, 2011
Convicted of Fraud but Changed Their Lives; Appeals Court Takes Note
The U.S. Court of Appeals for the 7th Circuit recently issued a notable decision in the case of United States v. Robertson, vacating and remanding the sentences of two defendants convicted of a mortgage fraud scheme because the sentencing judge failed to consider unusually strong evidence of self-motivated rehabilitation. In the late 1990’s, Henry and…
In Appeal of Construction Fraud Case, DOJ Seeks Tougher Sentences
Nov 17, 2011
In Appeal of Construction Fraud Case, DOJ Seeks Tougher Sentences
In a very rare case in which the government argued that it viewed criminal sentences as too lenient, the U.S. Department of Justice contended in an appeal to the U.S. Court of Appeals for the 1st Circuit on Nov. 7, 2011, that the sentences handed out to two government contractors convicted of fraud did not…
Spurned Juror Loses in Court, But His Efforts Lead to New D.C. Court Rule
Oct 26, 2011
Spurned Juror Loses in Court, But His Efforts Lead to New D.C. Court Rule
A former juror in Washington, D.C., recently lost a District Court ruling stemming from his dismissal from a grand jury panel in 2001, but his case appears to have brought about needed change in the jury system there. Peter Atherton, a nuclear engineer, was scheduled to serve on the grand jury for 25 days, beginning…
Ninth Circuit Upholds Dramatic Upward Departure in Fraud Case
Oct 24, 2011
Ninth Circuit Upholds Dramatic Upward Departure in Fraud Case
Last month, the U.S. Court of Appeals for the Ninth Circuit upheld a very large upward departure by a U.S. District Judge in Nevada of more than 17 years above the recommended range under the Sentencing Guidelines, based on conduct that the defendant was never convicted of or even charged with. In this highly unusual…
Appeals Court Limits Scope of ‘Intended Loss’ in Sentencing Guidelines
Sep 27, 2011
Appeals Court Limits Scope of ‘Intended Loss’ in Sentencing Guidelines
The U.S. Court of Appeals for the 10th Circuit recently considered what type of proof is required for a sentence enhancement based on “intended loss” under the U.S. Sentencing Guidelines. The court held that a loss enhancement applies only to losses the defendant purposely sought to inflict, not losses the defendant merely knew would occur…
Illinois Court Ruling Upholds State’s New Video Gaming Act
Aug 2, 2011
Illinois Court Ruling Upholds State’s New Video Gaming Act
In a 7-0 decision, the Illinois Supreme Court recently upheld legislation that will allow video gaming in the state for the first time. Earlier this month, the court ruled in favor of the Illinois legislature’s 2009 omnibus bill for funding capital projects that included the Video Gaming Act. The legislation had been challenged by Chicago…
