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Bad traffic stop

US v. Guerrero-Espinoza, No. 05-8031.(10th Cir. September 15, 2006).

Defendant's convictions for drug-related offenses are vacated where the district court erred in denying a motion to suppress illegal drugs discovered in his minivan since, under the circumstances, a completed traffic stop did not evolve into a consensual encounter as far as defendant was concerned. http://laws.lp.findlaw.com/getcase/10th/case/058031&exact=1P

criminal contempt of court is reversed as defendant's misbehavior did not occur in court

US v. Rangolan, No. 04-5126 (2d Cir. September 21, 2006)Judgment holding defendant in criminal contempt of court is reversed as defendant's misbehavior did not occur in, or sufficiently near, the court for 18 U.S.C. section 401(1) to apply. http://caselaw.lp.findlaw.com/data2/circs/2nd/045126p.pdf

Armed Career Criminal Prior not valid

U.S. v. Gilbert, No. 05-3111 (7th Cir. September 19, 2006).

Sentence as an armed career criminal for possession of a firearm by a felon is vacated and remanded where the district court erred in treating defendant's prior conviction for criminal confinement as a conviction for a crime of violence since the record did not disclose that defendant was convicted of a form of criminal confinement that required a finding of force or threat of force. http://caselaw.lp.findlaw.com/data2/circs/7th/053111p.pdf

equitable tolling, exceptional circumstances

Prieto v. Quarterman, 456 F.3d 511 (5th Cir. 2006)(equitable tolling, exceptional circumstances, district court erred in raising procedural default sua sponte).

Getsy v. Mitchell, 456 F.3d 575 (6th Cir. 2006)(Death sentence imposed in arbitrary and capricious manner in violation of Eight Amendment).

US v. Thigpen, 456 F.3d 766 (7th Cir. 2006)(district courts ruling that entire amount due within 60 days after sentincing constituted plain error).

completed traffic stop did not evolve into a consensual encounter

US v. Guerrero-Espinoza, No. 05-8031 (10th Cir. September 15, 2006)Defendant's convictions for drug-related offenses are vacated where the district court erred in denying a motion to suppress illegal drugs discovered in his minivan since, under the circumstances, a completed traffic stop did not evolve into a consensual encounter as far as defendant was concerned. http://laws.lp.findlaw.com/getcase/10th/case/058031&exact=1

Ineffective Assistance of Counsel

Frierson v. Woodford, No. 04-99002 (9th Cir. September 14, 2006)Denial of a habeas corpus petition in a death penalty case is reversed with respect to the penalty phase of trail where trial counsel provided ineffective assistance in failing to investigate and present important mitigation evidence at the penalty phase of a trial, and in failing to review juvenile court records and to challenge a key mitigation witness's assertion of his privilege against self-incrimination at the penalty trial, and the errors were prejudicial. http://caselaw.lp.findlaw.com/data2/circs/9th/0499002p.pdf

Denial of his habeas petition is reversed

Comer v. Schriro, No. 98-99003 (9th Cir. September 13, 2006).

The Constitution does not permit a state to execute a capital defendant who wants to die but whose properly filed federal habeas appeal has not yet been substantively reviewed. The state's and a death row prisoner's motions to dismiss his own appeal are denied where, although petitioner competently and voluntarily waived his habeas appeal right, upholding the waiver would amount to a violation of the Eighth Amendment. Denial of his habeas petition is reversed as to the penalty phase where petitioner's sentence was invalid and habeas relief was merited based on the violation of his due process rights that occurred when he was sentenced to death while nearly naked, bleeding, shackled, and exhausted. http://caselaw.lp.findlaw.com/data2/circs/9th/9899003p.pdf

Confrontation Clause Violated

US v. Jimenez, No. 04-51225 (5th Cir. September 12, 2006).

Convictions for conspiracy to possess with intent to distribute cocaine and aiding and abetting possession with intent to distribute are vacated where the district court violated her Confrontation Clause right by not allowing her to ask a government witness, a narcotics officer, where specifically he was located when he allegedly observed her selling drugs while on the front porch of her home, and the error was not harmless. http://caselaw.lp.findlaw.com/data2/circs/5th/0451225cr0p.pdf

CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, HABEAS CORPUS, SENTENCING

Taveras v. Smith, No. 05-5579 (2d Cir. September 11, 2006).

Grant of habeas petition, finding that petitioner, an indigent former fugitive returned to state custody during the pendency of his first-tier state appeal, was denied his constitutional right to counsel, is affirmed as clearly established Supreme Court law prohibited the New York Appellate Division from dismissing petitioner's first-tier appeal on fugitive disentitlement grounds without appointing counsel and without providing a copy of any transcripts available and necessary for pursuing that appeal. http://caselaw.lp.findlaw.com/data2/circs/2nd/055579p.pdf