Appeals

In en banc news, the Third Circuit on Monday declined to reconsider its decision blocking Alina Habba from serving as acting U.S. attorney for New Jersey, denying the Justice Department's petition for rehearing and leaving intact a decision that sharply curtailed the government's use of creative maneuvers to install interim federal prosecutors.

In the days following 9/11, co-founder of Falls Church, Va. Islamic Center tells followers they should repent, leave the U.S., join the mujahideen, go to Pakistan for combat training, and otherwise help Muslims defend Afghanistan. He's convicted of a slew of offenses in 2005, including soliciting others to levy war against the U.S.

Defendant: Yes, the gov't proved there was a conspiracy to smuggle cocaine into the United States. And, yes, the gov't proved that I, an aircraft mechanic, entered the avionics compartment of an airplane to retrieve something  that I likely knew was illegal. But they didn't prove I knew it was narcotics. Second Circuit: You're right.

A judge disqualified John Sarcone, the “acting U.S. attorney for the Northern District of New York,” from overseeing investigations into New York Attorney General Letitia James, ruling Thursday that he is not lawfully serving in his position. See PBS news article. 

A California federal court dismissed a criminal case without prejudice after finding that the defendant's constitutional right to counsel was violated by a funding shortfall that left private attorneys who serve as court-appointed defense lawyers unpaid since July.

New York man is convicted in 2022 on charges of securities fraud, making false filings with the SEC, and improperly influencing the conduct of audits. This comes as a real surprise because in 2021 he was acquitted on charges that he conspired to do all those things. A double-jeopardy violation?

A few fellas were drinkin' moonshine in a Tishomingo County, Miss. trailer when things get out of hand and one is arrested for shooting some bullets—which he denies. Due to a prior conviction he's held awaiting trial. That lasts 1,233 days, during which he's given four attorneys—some of whom he's not told of—and three judges and files four pro se speedy trial motions. He's convicted. District court: Speedy trial violation, but only on one of the two counts in the indictment. Fifth Circuit: Nope.

More American Indian legal drama out of Oklahoma! In a vehicular-manslaughter prosecution, gov't had to prove defendant was an Indian to have federal jurisdiction. Defendant testified he was a tribal citizen, and he had also asserted that in state court to get out of related civil lawsuit. Tenth Circuit: Be that as it may, the gov't had to prove he was an Indian at the time of the crime, and the only evidence specifically bearing on timing was inadmissible hearsay. Conviction vacated.

A group of law enforcement officers executed a search warrant in Charlotte, NC at a suspected meth trafficker's home. Chaos ensues. One cop shoots another at least ten times, severely injuring him. Shot cop sues shooting cop for excessive force and several tort claims. As they litigate, the district court seals bodycam footage, refuses local TV station access. Fourth Circuit: Unseal it.