Defective Indictment

US v. Sinks, No. 05-2170 (10th Cir. January 23, 2007)

Appellants challenging their indictments for failure to charge an offense do not waive their claims by failing to object before trial, but such appellants receive only plain error review when they raise the argument for the first time on appeal. [To view the full-text of cases you must sign in to FindLaw.com.] http://laws.lp.findlaw.com/10th/052170.html

Apprendi proginy

Cunningham v. California, No. 05-6551 (U.S.S.C. January 22, 2007)California's determinate sentencing law, by placing sentence-elevating factfinding within the judge's province, violates a defendant's right to trial by jury safe-guarded by the Sixth and Fourteenth Amendments. http://laws.lp.findlaw.com/us/000/056551.html

CIVIL PROCEDURE, CLASS ACTIONS, CONSUMER PRODUCTS, CONSUMER PROTECTION LAW, RETAIL

Galeno v. Blockbuster, Inc., No. 05-8019 (2d Cir. December 26, 2006)Denial of motion to remand a class action -- involving disgruntled customers of Blockbuster alleging that the "no late fee" program is a decptive forced sale scheme -- to state court is vacated as the district court made no findings and offered no explanation as to how it calculated the amount in controversy here to be more than $5 million, the jurisdictional amount. [To view the full-text of cases you must sign in to FindLaw.com.] http://caselaw.lp.findlaw.com/data2/circs/2nd/058019p.pdf

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS, IMMIGRATION LAW

Gonzales-Gonzales v. Weber, No. 04-1181 (10th Cir. December 27, 2006)In a proceeding arising from a grant of habeas relief to an alien under order of removal, the proceeding is converted to a petition for review of the underlying administrative order and the petition is granted, petitioner must be permitted to apply for cancellation of removal, and his state court conviction must not be treated as an aggravated felony, in line with recent Supreme Court precedent.

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS, IMMIGRATION LAW

Gonzales-Gonzales v. Weber, No. 04-1181 (10th Cir. December 27, 2006)In a proceeding arising from a grant of habeas relief to an alien under order of removal, the proceeding is converted to a petition for review of the underlying administrative order and the petition is granted, petitioner must be permitted to apply for cancellation of removal, and his state court conviction must not be treated as an aggravated felony, in line with recent Supreme Court precedent.

DRUGS & BIOTECH, HEALTH LAW, INTELLECTUAL PROPERTY, PATENT

Ventana Med. Sys., Inc. v. Biogenex Labs., Inc., No. 06-1074 (Fed Cir. December 29, 2006)In a patent case involving patents relating to automated methods and apparatuses for staining microscope slides, grant of a judgment of noninfringement in favor of defendant is vacated and remanded where the district court erred in its claim construction of “dispensing."http://caselaw.lp.findlaw.com/data2/circs/fed/061074p.pdf

Police Brutality

Arrington v. US, No. 05-5263
(D.C. Cir. December 29, 2006)Summary judgment for defendants, in case seeking relief under the Federal Tort Claims Act and 42 U.S.C. section 1983 for alleged police brutality, is reversed where the evidence viewed in the light most favorable to plaintiff created a genuine issue of material fact as to whether he was severely beaten by the officers after he had been captured, restrained, disarmed, and handcuffed. [To view the full-text of cases you must sign in to FindLaw.com.]

CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, EVIDENCE, PER CURIAM, SENTENCING

CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, EVIDENCE, PER CURIAM, SENTENCING
US v. Henry, No. 04-3076 (D.C. Cir. January 12, 2007)Convictions and sentences stemming from participation in conspiracy to import and distribute heroin are vacated and remanded as to sentences where it is unclear that the district court's Booker error was harmless beyond a reasonable doubt. [To view the full-text of cases you must sign in to FindLaw.com.] http://caselaw.lp.findlaw.com/data2/circs/dc/043076a.pdf