Pages
Posts by category
- Category: 18 USC Section 922(g)
- Category: Asset Forfeiture
- Category: Bank Fraud
- United States v. Kelly: Conduct that Appears “Willful” Under the Bank Secrecy Act (BSA) and Can Lead to High Penalties
- Defendant Receives New Trial After Judge Forces His Lawyer to Try the Case without Time to Prepare, USA v. Schwarz, 828 Fed. Appx. 628 (2020)
- US v. Ayelotan, Fifth Circuit Court of Appeals, Filed March 4, 2019: Online Romance Scam Ends in Lengthy Prison Sentences
- U.S. v. Munksgard, Eleventh Circuit Court of Appeals, Filed January 30, 2019: False Statements to Obtain Bank Loans
- U.S. v. Austin, Seventh Circuit Court of Appeals, Filed October 29, 2018: When Can You Withdraw a Guilty Plea in Federal Court?
- Category: Bankruptcy Fraud
- Category: Brady
- United States v. Robinson, Case 21-3039: Win on a Brady Claim
- Per Its “Policy,” Solicitors Allowed to Circumvent State Statute Mandating Discovery, Travis Hines v. State of South Carolina (Ct. App. 2021), filed December 8, 2021.
- Long v. Hooks, Fourth Circuit Court of Appeals, Filed January 8. 2020: How the Federal Courts Use the AEDPA to Deny Justice
- Scott v. U.S., Eleventh Circuit Court of Appeals, Filed May 23, 2018: Brady Claims are always “Second and Successive” Under the AEDPA… Or Are They?
- US v. Savage, No. 16-4704 (4th Cir., filed 3/12/18): Interplay of Jencks Act and Brady Material Showings and When District Court Must Hold In Camera Hearing
- Category: Career Offender Guideline
- Category: Computer Crimes
- Category: Conspiracy
- Category: Due Process
- Category: Eighth Amendment
- Category: Eleventh Circuit Court of Appeals
- United States v. Moore and Mansell — An Infuriating Case of Government Overreach
- US v. Jonathan Guerra Blanco: What Happens When the Government Uses Statements Made at a Proffer Against You at Sentencing?
- USA v. John Burnette, Eleventh Circuit Court of Appeals Rejects McDonnell Challenges to Bribery Convictions – Also, What Happens in Vegas Doesn’t Stay in Vegas
- US v. Dr. James Heaton, Case No. 20-12568, Losing a §841(a) Challenge in a Post-Ruan World, 11th Circuit Court of Appeals (filed 2/14/23).
- The Government Prosecutes Tricare Fraud and Court Not Pleased White-Collar Defendant Treated Leniently, Remanded for Resentencing (Yikes!); United States v. Howard, 28 F.4th 180 (11th Cir. 2022)
- United States v. Duldulao, Case No. 20-13973 (11th Circuit Court of Appeals, filed December 21, 2021) Court allows expert witness with reliability and “candor” issues to testify to ultimate issue in dispute; sufficiency of the evidence challenges denied.
- Who Knew a Fishing Case Could Be Interesting? Vacating a Conviction Due to Improper Venue (Here’s something you don’t see very often…), US v. Timothy J. Smith, Case No. 20-12667 (11th Circuit Court of Appeals, filed January 12, 2022).
- U.S. v. Dixon, Eleventh Circuit Court of Appeals; Filed August 24, 2018: What is a Conspiracy, Anyway?
- United States v. Crabtree, 11th Circuit, filed 1/3/18: Fraud and Double Jeopardy Clause, Dismissed Juror, Jury Charges
- US v. Castaneda-Pozo, 11th Cir., filed 12/19/17; Sentencing Issues for Fraud Convictions; Intended Loss and Substantial Financial Hardship
- United States v. Blue, 4th Cir., filed 12/12/17: Vacate and Remand on Sentencing Issue; Judge did not adequately consider Blue’s non-frivolous arguments in favor of downward departure
- Burgess v. United States, 11th Cir., filed 11/6/17, Court Vacates §2255 Denial When Judge Sua Sponte Raises Procedural Bar
- US v. Vergil George, 11th Cir., filed October 6, 2017: Defendant entitled to resentencing when district court failed to allow him to allocate before imposition of sentence.
- Category: Equal Protection
- Category: Extortion
- Category: False Claims Act
- Category: federal 2255 motions
- Category: Federal Habeas
- Category: Federal Sentencing
- Using Mitigation Specialists in Federal Criminal Cases
- Compassionate Release in SC: Federal Inmates
- Bankruptcy costs properly considered “actual losses” because “foreseeable” for purposes of federal sentencing guidelines in wire fraud case; Petitioner loses §2255 motion. United States v. Lagos, 25 F.4th 329 (5th Cir. 2022)
- On the Importance of Being Super Cautious When Attempting to Get a Downward Departure from the Fed’s, Mesa v. United States, 2021 WL 5501491 (11th Cir. filed 11/24/21)
- United States v. Precias K Freeman, No. 19-4104 (filed January 25, 2022): Fourth Circuit Court of Appeals En Banc Finds it Unnecessary to Send Counsel Ineffectiveness Claim to 2255; Relief Granted Based on Existing Record.
- Can I Get a Sentence Reduction Under the First Step Act?
- How is the Loss Amount Calculated in a Fraud Case in Federal Court?
- When is a Below-Guidelines Sentence Unreasonable? U.S. v. Pineda, Sixth Circuit Court of Appeals, Filed November 13, 2018
- Use of a Means of Identification to Produce Another Means of Identification: U.S. v. Kalu, Fifth Circuit Court of Appeals, Filed August 30, 2019
- Is Murder a Crime of Violence? U.S. v. Begay, Ninth Circuit Court of Appeals, Filed August 19, 2019
- What Happens if I Don’t Pay Restitution in Federal Court?
- When do You Have the Right to a Jury Trial? U.S. v. Haymond, United States Supreme Court, Decided June 26, 2019
- Forfeiture and Restitution Calculations in a Securities Fraud Case: U.S. v. Afriyie, Second Circuit Court of Appeals, Decided July 8, 2019
- What is a Crime of Violence Under 18 USC Section 924(c)? U.S. v. Davis, United States Supreme Court, Decided June 24, 2019
- Federal Sentencing Guidelines Appeals
- U.S. v. Shepard, Fourth Circuit Court of Appeals, Filed June 15, 2018: Re-Loading and the Vulnerable Victim Enhancement
- US v. Scott C. Redman, 7th Cir., filed 4/17/18: Court affirms sentence for fake-doctor who used sophisticated means, recklessly endangered patients in bold, bold fraudulent scheme.
- US v. Taison McCollum, No. 17-4296 (4th Cir., filed 3/20/18): Conspiracy to Commit Murder in Aid of Racketeering Not So Violent-y.
- United States v. Pleitez, 5th Cir., filed 11/22/17: Increase in Restitution Award Without the Assistance of Counsel Reversed; Restitution Increase “Critical Stage” of Criminal Proceeding.
- United States v. Walton, 7th Cir., filed 11/3/17: Honest Services Fraud, and Enhancements for Sensitive Position and Vulnerable Victims
- United States v. Palin, 4th Cir., filed 10/30/17: A Case Addressing Materiality in Light of United Health Services, Inc.
- SEC v. Kahlon, 5th Cir., filed 10/16/17: Court Upholds Lower Court’s Penalty of Permanent Injunction from Trading Penny Stocks.
- United States v. Skelos, 2nd Cir.,filed 9/26/17: Reversal for Erroneous “Official Acts” Jury Instruction.
- Category: Fifth Amendment
- Category: Fifth Circuit Court of Appeals
- Category: First Step Act
- Category: Fourth Amendment
- Category: Fourth Circuit Court of Appeals
- Can I Record My Attorney? U.S. v. Farrell, Fourth Circuit Court of Appeals, Decided April 5, 2019
- Defense Lawyer or Consigliere? U.S. v. Farrell, Fourth Circuit Court of Appeals, Decided April 5, 2019
- U.S. v. Bell, Fourth Circuit Court of Appeals, Filed August 28, 2018: Miranda, 404(b), CIs, and Mandatory Minimums
- U.S. v. Burfoot, Fourth Circuit Court of Appeals, Filed August 8, 2018: How Bribery Charges Become Conspiracy to Commit Wire Fraud
- State v. Justin Johnson, SC Court of Appeals, filed 1/31/18: Court of Appeals Addresses Sympathy Photographs and Cops using Skype.
- Gray v. Ballard, 4th Cir., filed 2/8/17: When Newly-Discovered DNA Evidence is “Timely” for Tolling under AEDPA. Not Good News for Habeas Petitioners
- Category: Health Care Fraud
- Category: Immigration Consequences
- Category: Insider Trading
- Category: Issue Preservation
- Category: Jencks Act
- Category: Loss Amount Calculations
- Category: Mail Fraud
- Category: Money Laundering
- Category: Ninth Circuit Court of Appeals
- Category: Obstruction of Justice
- Category: Other Legal Developments
- What Do I Need to Retain an Appellate Lawyer?
- USA v. Karen Starr: An Excruciating Lesson On What Can Happen If You’re Arrested On A Red Notice In A Country Without An Extradition Agreement
- Aljabri v. bin Salman: Asserting Personal Jurisdiction Over Those Involved in an Alleged Plot to Murder a Political Dissent
- Can the Government Extradite Me to the United States?
- Compassionate Release Victory!
- Behind the Curtain: How Russia was able to Successfully Remove an American-Requested INTERPOL Red Notice
- Oussama El Omari v. The International Criminal Police Organization, 35 F.4th 83 (2nd Cir. 2022)– Interpol Immunity from Civil Suits in the United States
- Cheung v. Neumann: Defamation Suit by Epoch Group Against Media Group Dismissed
- Considering the Strategy of Invoking Your Rights Under the Speedy Trial Act
- Substantive vs. Procedural Law: Distinctions (And Why They Matter)
- Our Year in Review
- Dubin vs. United States Promises to Resolve the Circuit Split Over What Constitutes Aggravated Identity Theft
- United States v. Trey Campbell– Attempt Crimes Do Not Constitute Controlled Substance Offense for Purposes of Career Offender Enhancement, No. 20-4246 (4th Cir. 2022, filed January 7, 2022).
- Not Every Stupid Action is a Crime, 3rd Circuit Court of Appeals Informs Government, USA v. Johnson, 19 F.4th 248 (3rd Cir. 2021) (filed November 23, 2021).
- Our Year in Review
- Nice little error preservation rule change for criminal defendants! Making our appellate court system more efficient. State v. Kelvin Jones, Case No. 2020-000653 (filed December 8, 2021).
- The Fiscal Irresponsibility of the SC Attorney General’s Office—How Its Casual Obstructionism in PCR cases Wastes Taxpayer Money and Clogs Up the Criminal Justice System.
- No, no one asked my opinion . . . but I’m going to give it anyway. Why I think South Carolina Needs a Post-Trial Motion for Sentence Reduction.
- Singh v. Singh– No, there will be no avoiding judicial review as to matters involving children in this state. South Carolina Supreme Court, Op. No. 28057 (filed September 8, 2021)
- A very rare win in a habeas case– Trial counsel actually needs to know the law! Wright v. Clarke, 2021 WL 2530199 (filed June 21, 2021).
- A Unicorn from the South Carolina Court of Appeals! Reversal Based on Coerced Confession, State v. Randy Collins, Appellate Case No. 2018-02056 (September 8, 2021)
- Retreat on the JLWOP Front, State v. Jon Smart, Op. No. 5830 (Ct. App. filed 7/7/21)
- 924(c) Conviction Vacated!
- South Carolina Supreme Court grants common law writ and inmate entitled to PCR hearing.
- Sentencing Counsel Must Make Potentially Winning Arguments to Court to be Effective (also Don’t Agree to Represent a Federal Client Someone Unless You Know Federal Law) US v. Precias Freeman, Case No. 19-4104 (4th Cir. 2021)
- Reversal of Healthcare Fraud Conviction Due to Insufficiency of the Evidence—Government Has to Prove that Defendant Knew his Conduct was Illegal. United States v. Nora, 2021 WL 716628 (5th Cir., filed 2/24/21).
- What Can a Physician Do to Prevent Being Accused or Convicted of Over-Prescribing Opioids?
- Do not—I repeat—DO NOT—allow your “sleazy” friend to buy you a pharmacy when you don’t know anything about pharmacies. Also, if your “pharmacy” is empty but you’re receiving large checks, you’re probably involved in HEALTHCARE FRAUD. United States v. Pineda, 11th Circuit COA, Case No. 19-14556, published 1/20/21.
- The Joy of Being a “Manager or Supervisor” of a Fraudulent Timeshare Sales Scam, or How to Get Yourself a 3 level Enhancement for Being a Total Sleaze. United States v. Jonathan Warren and Antonio Martinez, No. 19-10805 (5th Cir. 2020).
- Federal Restitution On YouTube
- Securities and Exchange Commission v. Marin, Case No. 19:13990 (11th Cir. 2020), SEC Subpoenas Held Enforceable in this Day-Trading Investigation.
- United States v. Oghenevwakpo Igboba, 964 F.3d 501 (6th Cir. 2020), Fraud on the dark web
- A Gubernatorial Pardon May Discharge a Restitution Order, Government of Virgin Islands v. Cohen, 2020 WL 5409049 (3rd Cir., Sept. 9, 2020).
- USA v. Edward Kosinski, 2nd Circuit Court of Appeal, filed 9/22/20– Insider Trading
- COVID-19’s Impact on Criminal Defense Practice
- The Tragedy of a Wrongful Conviction
- State v. Michael Smith, Op. No. 27958 (filed March 18, 2020), South Carolina Supreme Court Reversed High Profile Case
- Problematic Jury Instructions, but No Harm No Foul, US v. Laurance H. Freed (7th Cir., 2019)
- U.S. v. Vinas, Second Circuit Court of Appeals, Filed December 6, 2018: When is a Discovery Violation Grounds for Reversal?
- U.S. v. Garcia, Eleventh Circuit Court of Appeals, Filed 11/19/18: Plain, Obvious Constitutional Error Does Not Require Reversal
- U.S. v. Williams, Eleventh Circuit Court of Appeals, Filed September 4, 2018: Divided Loyalties and Conflict of Interest
- Maslonka v. Hoffner, Sixth Circuit Court of Appeals, Filed August 14, 2018: Absent Counsel is Not Ineffective Counsel
- State v. Greene, SC Supreme Court, Filed May 23, 2018: Involuntary Manslaughter Conviction Reversed but Homicide by Child Abuse Conviction Affirmed
- Yancey Thompson v. State, S.C. Supreme Court, filed 3/21/18: South Carolina Supreme Court Continues to Monitor PCR Cases Closely
- US v. Damian Phillips & $200,000 (4th Cir., filed 2/21/18): Fourth Circuit Decides Appropriate Test for Third-Party Standing in Civil Forfeiture cases.
- Stephen Smalls v. State of South Carolina, filed 2/7/18: South Carolina Supreme Court Reverses Conviction Finding that COA Did Not Properly Assess State’s Evidence of Guilt. Also, Court Clarifies It Reviews PCR Legal Conclusion De Novo.
- US v. Diaz, 9th Cir., filed 12/6/17: The Limits (or Not!) of Expert Witness Testimony in White Collar Criminal Case
- Sawyer v. United States, 2017 WL 4700089 (7th Cir, unpublished, 10/20/17): Evidentiary Hearing Required Even If Petitioner’s Claims Are Self-Serving.
- United States v. Cedric Hayes, 7th Circuit, filed October 3, 2017: Enhancement Due to “Altered or Obliterated” Serial Numbers on Firearms
- US v. $31,000 in US Currency, et al. (6th Circuit, filed 9/20/17), In this Asset Forfeiture Case, the Court Finds Dismissal of Challenge to Forfeiture Improper when Claimants Have Article III and Statutory Standing to Challenge. Also, Wow! The Government Arrogance in Just Taking Shit That Doesn’t Belong to Them and Then Complaining About It.
- Browning v. Baker et al., 9th Circuit, filed 9/20/17: HABEAS WIN on Brady claim, and Trial Counsel Ineffectiveness re: Investigation.
- United States v. Antonio Walter and Kenneth Bell, 7th Circuit, filed 8/29/17: REVERSAL based on Brady Violation
- State v. Trenton Malik Barnes, filed 8/16/17, South Carolina Court of Appeals: Serious Issues Can Arise When Co-defendants Are Tried Together.
- United States v. Ayika, 5th Cir. filed 9/14/16: Asset Forfeiture When Monies, Legitimate and Illegitimate, are Commingled, When Can the Government Seize Substitute Assets?
- US v. Dupree, Lewis et al, 2nd Cir., filed August Term: Failure of Indictment to Allege Drug Quantity, Admissibility of Other Bad Act Evidence.
- US v. Griffith, Cir. D.C., filed August 18, 2017: Exceptionally Strong 4th Amendment Opinion; Great News for Privacy and Electronic Devices
- Tanner v. Yukins, 6th Cir., filed 8/15/17: Habeas WIN on a sufficiency of the evidence claim.
- State v. Stanley Lamar Wrapp, S.C. Ct. App., filed 8/17/17: REVERSAL Due to Lack of Notice that Trial Would Be Held in Absentia
- United States v. Chamberlain (4th Cir., 8/18/17) Fourth Circuit Abrogates Rule Allowing Forfeiture of Substitute Assets Pre-trial.
- Renwick Mose v. State of SC, SCSCt, filed 8/16/17: Equitable Tolling of Statute of Limitations for Inmates Who Rely on Prison Mail System
- US v. Hemza Lefsih, 4th Cir., filed 8/14/17: Improper Judicial Comments Results in Reversal of Immigration Fraud Conviction
- US v. Noe Juarez, 5th Cir., filed 8/7/17: Dirty Cop Gets Resentencing; 404(b) Evidence, Deliberate Ignorance Instruction, and Body-Armor Enhancement.
- United States v. Risha, 445 F.3d 298 (3rd Cir. 2006): An Oldie but Goodie, Plus This Case Makes Me Really Happy
- US v. Burke (11th Cir, filed 7/19/17): Circuit split– When federal sentence is vacated, what constitutes “prior sentence”?
- US v. Carmen Johnson, _Fed. Appx. _ (2017), 2017 WL 1226100: Asset Forfeiture and Its (Unconstitutional) Impact on Choice of Counsel
- US v. Christopher James Gill (11th Cir., 7/27/17): The Difference a Gun Can Make. Enhancement for Possession of Multiple Guns.
- State v. Kareem Harry, S. C. S. Ct., filed 7/19/17: An Important Case on the “Hand of One, Hand of All” accessory liability; Robust Dissent by Justice Hearn, joined by Chief Justice Beatty.
- United States v. All Funds…Erick Silva Santos, Claimant, 5th Cir. 7/19/17: Asset Forfeiture, International Law, and Crime. Also, Fugitive Disenfranchisement Doctrine.
- US v. Arthur Lange, 11th Cir, filed 7/17/17: Sentence Manipulation
- US v. Seventeen thousand-nine hundred dollars ($17,900) in United States Currency (D.C.C. Case No. 15-cv-00368 (CRC): OUTRAGEOUS Asset Forfeiture
- US v. Terry Pierre Louis, (11th Cir., filed 7/10/17) REVERSAL on sufficiency of the evidence claim; Rejection of Entrustment Theory.
- US v. Miguel Delacruz, 2nd Cir., 7/5/17: Another Important Sentencing Opinion out of the 2nd Circuit; Reversal of Denial of Credit for Acceptance of Responsibility
- US v. Mondragon (4th Cir., 6/21/17) Second Federal Gun Enhancement Case this Month; 4th Circuit Clarifying Law Surrounding Gun Enhancements.
- US v. Francisco Colorado Cessa (5th Cir., 6/9/17): Excellent Brady Decision re: Gov’t’s Failure to Disclose 302’s.
- US v. Gregory Scarpa, Jr., (2nd Cir, 6/22/17), Federal Sentencing Issue, REVERSAL on Substantial Assistance Granted by Sentencing Judge
- US v. Chikvashvili (4th Cir., 6/9/17) Healthcare Fraud and “But For” Causation
- US v. Mark Concha (4th Cir. 6/16/17): Factors the Sentencing Judge May NOT Consider under USSG §5K1.1 and 18 U.S.C. §3553(e).
- When to Retain an Appellate Lawyer?
- Raising Winning Issues on Appeal
- US v. Lashaun Bolton (4th Cir, 6/7/17): Important federal sentencing case re: Firearm Enhancement and Acceptance of Responsibility
- United States v. Master Giddins (4th Cir., 6/6/17) Reversal on Miranda violation issue; Economic Coercion. Robust dissent by Judge Agee.
- Another hit for civil forfeiture: Honeycutt v. United States, 581 U.S.__ (2017) SCOTUS holds no joint/ several liability under 21 U.S.C. §853.
- US v. Edward Dennis Jones (4th Cir. 6/1/17) Court Reverses on Double Jeopardy Issue; Also, Benchslap. Ouch.
- Maurice S. Hope v. Cartledge, Warden (4th Cir, 5/22/17): Denial of habeas relief when trial counsel fails to request alibi instruction; important dissent by Judge Thacker who offers lesson in due process first principles.
- Universal Health Services, Inc. v. Ex Rel. Escobar– SCOTUS opinion, 136 S. Ct. 1484 (2016); Implied False Certification and “Materiality” under the False Claims Act
- United States v. Steve Hale (4th Cir, 5/17/17): Fences, Addicts, and Stolen Goods, Oh My! The Fourth Circuit Upholds Denial of Willful Blindness Jury Instruction.
- US v. Karen Kimble (4th Cir, filed 5/2/17): Search and Seizure Issue– Agents Empowered to Take Cash If Reasonable Agent Would Have Thought It Covered by the Warrant (and even when the Agents thought it related to crime beyond the scope of the warrant).
- United States v. Shalhoub (11th Cir., 4/28/17); Fugitive Disenfranchisement Doctrine, and a Bunch of Remedies that the Eleventh Circuit Declines to Apply to Appellant’s Case
- United States v. Fathia-Anna Davis (4th Cir. 1/5/17): Manufactured Jurisdiction Argument. Also, Don’t Try to Murder Your Husband.
- US v. Roderrete McClure (5th Cir., 4/25/17): When Does a Plea Agreement in Federal Court Prevent Additional Indictments?
- US v. Kimberly Hastie (11th Cir., filed 4/25/17) Email addresses are “personal information” under the Driver’s Privacy Protection Act. Judge Jordan disagrees; argues it is a jury issue.
- United States v. Philip Swaby, 4th Circuit Court of Appeals (filed 4/24/17): Court’s “general” immigration warnings did not cure lawyer’s erroneous advice regarding consequences of guilty plea.
- April 2017 Federal Newsletter
- US v. Kenneth and Kimberly Horner (11th Circuit, filed 4/13/17), Tax Fraud Convictions Affirmed– What NOT to do this Tax Season.
- Leonard v. Texas, 580 US__ (2017), Statement of J. Thomas respecting cert denial; Isn’t it Awesome when Liberals and Conservatives Can Come Together for Some Collective Outrage?
- US v. Diaz (2013 WL 322243) and US v. Hayes, 948 F.Supp.2d 1009 (2013): Two federal district judges disagree with the Federal Sentencing Guidelines policies regarding drug trafficking sentences.
- US v. Donald T. Hill (App. No. 15-4639) (4th Cir., filed 3/30/17): Prolonged Detention of Car Stop; Important Dissent by Judge Davis.
- US v. Keith Arthur Vinson, No. 15-4384 (4th Cir., filed 3/24/17) Misdeeds in the Blue Ridge Mountains
- United States v. Juan Elias Lara (4th Cir, 3/14/17): Psychotherapist-Patient Priv and 5th Amendment Protections in Interviews with Supervision Agents
- US v. Saundra Lucille White (4th Cir. Filed 3/9/17): Franks Hearings and Sentencing Enhancements for Misrep’s to the Government and Sophistication
- People v. Scott Evans Dekraai, 5 Cal. App. 5th 1110 (2016), When Prosecutors Have a Conflict of Interest Due to Their Loyalty to Law Enforcement
- USA v. Erik Lindsey Hughes (11th Cir. 2017) What is the SCOTUS holding when the Court splits?
- Salman v. United States, 580 U.S.__ (2016) Insider Trading, What Does the Tipper Have to Get for it to be Criminal?
- USA v. Votrobek (and Castellanos) (11th Cir. 2017), Double Jeopardy Claim When Conduct is Exactly the Same, and Entrapment by Estoppel
- State v. Alphonso Thompson (App. No. 27706), SC Supreme Court win on Search Warrant Issue!
- Stephen Kolbe v. Lawrence Hogan, Jr.: 4th Circuit (en banc) Rules Some Guns Not Covered by Second Amendment, Maryland’s Statute is Constitutional (No. 14-1945, filed 2/21/17).
- USA v. Mitchell Stein (11th Cir. 2017, filed 1/18/17), Lawyer Behaving Badly, But Not THAT Badly.
- In the Matter of the Care and Treatment of Jeffrey Chapman, South Carolina Requires Competent Counsel for Sexually Violent Predator Hearings (Op. No. 27705, filed 2/15/17).
- The Story of Terrance Edwards, an Innocent Young Man in Prison for Life: What Happens When You’re at the End of the Legal Road?
- Ashish Sijapati v. Boente (4th Cir, filed 2/1/17), Visa Holders Should Take Care in Travelling Abroad
- Ihar Sotnikau v. Lynch (4th Cir., filed 1/24/17), Involuntary Manslaughter NOT a Crime of Moral Turpitude re: Removal Proceedings. Also, Appreciate How the Rule of Law Protects Immigrants in Practice.
- US v. Kofi Agyekum, No. 15-4479 (4th Cir, filed 1/24/17), Disagreement on Enhancement Based on Abuse of Position of Trust
- US v. Robinson (4th Cir. 2017) (en banc) (filed 1/23/17) — Liberal gun carry laws do not impact police authority to conduct stop and frisks.
- State v. Zuber (A-54-15, A-63-15) (filed 1/11/17) New Jersey Supreme Court finds “functional equivalent” of Life sentence violates Graham and Miller.
- United States v. Brandon Tate (4th Cir. 2017, filed 1/11/17): District court’s job to determine “applicable Guideline range” not the Gov’t’s.
- State v. Cain, Appellate Case No. 2015-001983– Excellent SCSCt Win in “Theoretical Weight” Drug Trafficking Case (filed January 5, 2017)
- Ramirez v. State, Appellate Case No. 2015-002063 (filed 1/5/17), SC Supreme Court Clarifies Law for Incompetent Guilty Plea
- Happy New Year from the Ohio Supreme Court! Mandatory Waiver Provisions for Kids to Adult Court Violates the Constitution (State v. Aalim, Slip Op. No. 2016-Ohio-8278). Time to fix this injustice in SC, too!
- Cruz v. Marshall, App. No. 15-6130 (filed 12/19/16), Unpublished 4th Circuit HABEAS REMAND
- State v. Moore, Slip OP. No. 2016-Ohio-8288—Ohio Supreme Court reverses 112-year sentence for juvenile because “functional equivalent” of life without parole sentence.
- State v. Walter Bash, HUGE WIN in the SCSCt on a Fourth Amendment Claim, and Reaffirming the Sanctity of the Curtilage.
- Parole, a Meaningful Chance at Freedom
- Post-Conviction Relief Hearings, How to Raise and Preserve Your Winning Issues Under the Current System
- Nicandor Rodriguez v. Bush, Appellate No. 14-7297, 15-6716 (4th Cir, filed Nov. 23, 2016), Federal Habeas Loss b/c No Fed Right to Plea
- State v. Devin Johnson (App. Case No. 2014-766, filed Nov. 16, 2016) South Carolina Court of Appeals win on Jury Charge and Argument Claim!
- State v. Nathaniel Witherspoon, App. Case No. 2016-306, filed November 2, 2016), REVERSAL based on Improper Victim No-Corroboration Rule
- Dennis LeBlanc v. Randall Methena (4th Cir. November 7, 2016)“Meaningful” Chance at Parole for Juvenile LWOP’ers
- State v. Alexander L. Hunsberger, A S.C. S. Ct. WIN on a Speedy Trial Issue! (filed October 12, 2016).
- Joseph Reddy v. Kelly, 2016 WL 5403918 (6th Cir., filed September 28, 2016). Non-capital Habeas Win on IAC Claim!
- Sullivan v. Sec’y, Florida Department of Corrections (11th Cir. 9/20/16). Martinez Win in Non-Capital Habeas!
- State v. Joshua William Porch, App. Case No. 2013-2531 (S. C. Ct. App., filed 8/3/16)
- State v. Whitlee Jones, App. Case No. 2014-002123, An Important Win in the SC Supreme Court for the Castle Doctrine! (filed May 18, 2016)
- State v. Theodore Manning, App. No. 2015-204, S.C. S. Ct, filed 9/7/16, or, Presumptively Innocent Defendants Get Same Due Process as Convicted Sex Offenders
- United States v. Cortez Fisher, 711 F.3d 460 (4th Cir. 2013) a/k/a Oh, Wow, Do Cops Actually DO THIS?
- Nelson H. Castro v. State, Appellate Case No. 2015-000021 (filed July 20, 2016) – SC Supreme Court PCR Win!
- Martina Putnam v. State of South Carolina, App. Case No. 2012-212396 a/k/a YOU WILL LOSE YOUR PCR CASE IF YOUR LAWYER DOESN’T BRING WITNESSES TO TESTIFY
- Didier Van Sellner v. State of South Carolina, PCR Win in the SC Supreme Court! Opinion No. 27644 (filed 6/29/16)
- In re: John Earl McFadden, A Blow for Inmates Seeking Successive Habeas Petitions, No. 15-206 (4th Cir. 2016).
- State v. Melvin Presley Stukes, App. Case No. 2015-000908 (filed May 4, 2016) MAJOR SC SUPREME COURT WIN!!!!
- McCormick v. Parker, A Brady Win in the 10th Circuit! 2016 WL1743388 (filed May 3, 2016)
- SCOTUS BATSON WIN!!!!!
- Susan Tappeiner v. State of South Carolina, Appellate No. 2013-001885, A PCR Win Based on Improper Solicitor Closing Argument (Beaufort County, no surprise there!)
- State v. Whitlee Jones, App. Case No. 2014-002123, An Important Win in the SC Supreme Court for the Castle Doctrine! (filed May 18, 2016)
- Richard A. Nicolas v. AG of Maryland, Richard Graham, Warden (4th Circuit Habeas loss on a Brady claim) or, Letting the Cheating Prosecutors Continue to Get Away with It (Op. No. 15-6616, filed April 27, 2016).
- State v. Donald Marquice Anderson (Op. 27609), Win in the South Carolina Supreme Court!
- U.S. v. Kenneth Bailey, Jr., No. 15-4109 (4th Cir. WIN!) a/k/a Why You Should Use Uber Instead
- Clifton L. Collins v. Clarke (4th Cir. 14-7082, 3/22/16), or “If You’re Going to Kidnap Someone In Another State, You Should Probably Read the Relevant Statutes First.”
- U.S. v. James William Smith (5th Cir, 14-60926), Reversal for Improper Bolstering
- Wearry v. Cain, 577 U.S.__ (2016), SCOTUS Reversal for Brady Violations
- Armed, but not “Dangerous,” Reasonable Suspicion in a State Where Anyone Can Carry a Gun, United States v. Robinson, No. 14-4902 (filed February 23, 2016).
- The Absolute NECESSITY of Filing State Court Pleadings on Time or, How One Federal Habeas Petitioner Got Screwed Before He Even Filed. Daniel L. Crowe v. Warden of Perry Correctional, 2016 WL446638 (filed 2/5/16).
- Federal Habeas Corpus Grant of Relief! Grueninger v. Director, VOD, No. 14-7072 (4th Circuit), filed 2/9/16.
- Appealing a sentence when there is a plea agreement in place, United States v. David Williams III, No. 14-4680 (filed January 28, 2016)
- Medical Malpractice in Prisons, Two Circuit Court Decisions
- SCOTUS Case, Jail Suicide; Taylor v. Barkes, 575 U.S.__ (2015).
- Bowers v. McFadden (Great Post-Martinez Order!), 2015WL9294981
- Incredible Win! US v. Blue, No. 13-4069, No. 15-4153 (4th Cir. 2015)
- Buffey v. Ballard, No. 14-0642, West Virginia Supreme Court of Appeals
- New SCOTUS case on Qualified Immunity. Summary: Not good.
- United States v. Slocumb, No. 14-4733 (Published Fourth Circuit, October 22, 1015)
- Racial Justice in Jury Selection, SCOTUS takes it on . . . again.
- Fourth Circuit Turns its Attention to Solitary Confinement . . . Good.
- For Those Who Don’t Think Cops Lie . . .
- What NOT to post on Facebook a/k/a Raub v. Campbell, No. 14-1277 (4th Cir. 2015).
- THE FOURTH AMENDMENT LIVES IN THE FOURTH CIRCUIT!
- Goodwin v. Metts, 885 F.2d 157 (4th Cir. 1989), cert denied 494 U.S. 1081.
- Victory for Truth and Justice!
- District Attorney Behaving Badly
- United States v. Garcia
- Oh, South Carolina
- Private Prison Health Facilities
- Tolan v. Cotton
- And in the beginning…
- Category: Press Release
- Category: Prosecutorial Misconduct
- Category: Qui Tam
- Category: Red Notice
- Category: Restitution
- Category: Second Amendment
- Category: Second Circuit Court of Appeals
- Category: Securities Fraud
- Category: Seventh Circuit Court of Appeals
- Category: South Carolina Court of Appeals
- Category: South Carolina Supreme Court
- Dual Experts in Child Sex Abuse Cases: The SC Supreme Court Declines Opp to Create New Rule, State v. Makins, South Carolina Supreme Court, Op. No. 28039 (filed 6/23/21).
- Important Case on Jury Instructions for Constructive Possession of Illicit Drugs, State v. Terrance Edward Stewart, S.C. Supreme Court, filed May 19, 2021.
- State v. Daniel Hamrick, Op. No. 27886 (South Carolina Supreme Court, filed May 15, 2019) Just Because A Law Enforcement Officer Says He’s a Qualified Expert Doesn’t Make It So.
- State v. Brown, South Carolina Supreme Court, Filed June 13, 2018: No Search Warrant Necessary for an Abandoned Cell Phone
- Garren v. South Carolina, SC Supreme Court, filed 4/25/18: PCR Reversal of Grant of Relief When Lower Court Record Didn’t Support Judge Findings.
- Category: Tax Fraud
- Category: Uncategorized
- Category: United States Supreme Court Opinions
- Category: Whistleblower Lawsuits
- Category: White Collar Crime
- Category: Wire Fraud
- Category: Witness Tampering
- Category: Wrongful Convictions