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Appeals

Second Circuit Vacates Conviction for Twitter Disinformation Scheme

Shortly before the 2016 election, self-described Twitter "shitlord" tweets and retweets memes urging supporters of Hillary Clinton to vote by text message. More than four years later, he is criminally indicted for conspiring to injure citizens in the exercise of their right to vote. After four days of deliberation and two Allen charges, he's convicted and sentenced to seven months in prison.

Fifth Circuit: How Long Before a Judge’s Silence Becomes a ‘No’?

A Schrödinger’s motion that has vexed habeas practitioners: How long must a motion for an injunction gather dust on a district judge's desk before it is "constructively denied," allowing the movant to appeal (here, Amazon seeking relief from some NLRB rulings)? Fifth Circuit: See, the thing is, it depends. Dissent: See, the thing is, it depends.

The case is Amazon.com v. National Labor Relations Board, No. 24-50761 (5th Cir. 2025).

Sixth Circuit Denies Habeas Despite Detective's Lying History

Ohio man is convicted of murdering his wife. Yikes! The lead investigator, Jeff Braley, is a serial fabulist, having lied about, among other things, having a master's degree, had attended a college in Florida, having been a U.S. Postal Inspector, and a Special Forces parajumper. Sixth Circuit (unpublished): His testimony wasn't all that important. Habeas denied.

Eighth Circuit Vacates Pro Se's Conviction Based on Insufficient Counsel Waiver

Missouri man is going to trial for dealing meth when he tries to fire his (second) lawyer and defend himself pro se. District court: That's "not a very good decision." Even if you were a lawyer, "pro se is a bad decision." Defendant: Whatever. Court: OK, fine. Defendant is then convicted, receiving 25 years in the slammer. Defendant: Insufficient warning to constitute valid waiver. Gov't: Word.

Utah Supreme Court Affirms New Trial Finding 'Intentional Misconduct' in Death Penalty Case

The Utah Supreme Court unanimously ruled Thursday that "serious" constitutional violations during the jury trial and resentencing for death row inmate Douglas Stewart Carter merit a new trial. See The Salt Lake Tribune article.

Carter, 69, was convicted in 1985 and has spent almost 40 years on death row. Now, he will get another trial.

SCOTUS Grants Cert on Grounds Supporting Compassionate Release

Yesterday, the Supreme Court granted certiorari in Fernandez v. United States, No. 24-556 (May 27, 2025) (cert. granted), to decide “whether a combination of ‘extraordinary and compelling reasons’ that may warrant a discretionary sentence reduction under 18 U.S.C. § 3582(c)(1)(a) can include reasons that may also be alleged as grounds for vacatur of a sentence under 28 U.S.C. § 2255.”