Appeals

Nevada man's trial in March 2021 began with one of the jurors participating via Zoom for the first two days because of a possible Covid-19 infection. Man is convicted and appeals,  asserting that the remote participation was akin to depriving him of his constitutional rights to a fair and impartial jury trial. Ninth Circuit: If you don't want jurors in your criminal trial to participate by Zoom, don't consent to their doing so.

In a White House press release issued today, President Biden announced that he is commuting the sentence of 37 of 40 individuals on federal death row.  These clients will have their sentences reclassified from execution to life without the possibility of parole. President Biden's "actions today will prevent the next Administration from carrying out the execution sentences that would not be handed down under current policy and practice."

Arkansas man on parole absconds and law enforcement get a tip he's staying at a friend's place and dealing drugs. They arrest him leaving the house and then search the house without a warrant. Plenty of contraband found. Yikes! Man: this violates my rights because no probable cause to believe I live there. Suppress the evidence Gov't: there's reasonable suspicion, if not probable cause. District court: No probable cause, evidence suppressed.

Pennsylvania man convicted of making false statements to obtain food stamps challenged a federal law that prevented him from buying a hunting rifle, saying it violated his Second Amendment rights. Third Circuit panel: Based on history and tradition, we conclude that "the people" constitutionally entitled to bear arms are the "law-abiding, responsible citizens," so it excludes those who have demonstrated disregard for the rule of law through the commission of violent or non-violent felony and felony-equivalent offenses.

Joseph "Tiger King" Maldonado-Passage was sentenced to 22 years in prison for hiring two hitmen to take out his foe, an animal-rights activist. (Neither was successful; one went to the beach instead, and one was an undercover FBI agent.) Tenth Circuit (2021): Convictions stand but resentence the man. District court: Fine, 21 years. Tenth Circuit (2022): Fine, 21 years it is.

This en banc Tenth Circuit case has a little something for everyone. Bickering over en banc procedure as the court sua sponte ordered it to be heard en banc after the appeal was briefed and argued at panel but before the decision issued. Also, a prosecutor, Assistant U.S.

Allegation: Harrisburg, Penn. detective misrepresents and omits key facts in order to get man charged with a bevy of serious and not-so-serious crimes after 2017 shooting. Some charges are dropped, and he's acquitted of all the rest after spending 18 months in jail. Can he sue Detective Jacob Pierce for malicious prosecution? District court: Oh yes, he can.

Lansing, Mich. cop sees man passed out at the wheel of a running car early in the morning after a blizzard. Without knocking opens the driver's door to check. Man wakes up. Cop asks for ID. Things escalate quickly and cop finds a whole lot of bags of drugs and a gun. Man: Unreasonable search and the community caretaker exception does not apply. District court. Not unreasonable. Motion to dismiss denied. Here's a 204-month sentence.

Seventeen-year-old student is required to participate in police ride-along for a class, and Hammond, Ind. officer Jamie Garcia she shadows spends the day groping her, making lewd remarks, and even taking her to a remote location where he offers her to another officer for sex. Officer: This mere "boorish flirtation" was just "making for an exciting ride along." District court: Qualified immunity.

Allegation: After Montgomery County, Ky. officials are ordered to obtain exculpatory evidence from a witness and turn it over to the defense, a prosecutor instead tells the witness to destroy the evidence. (She does.) Man, age 56, spent two years in jail facing a potential death sentence for a crime he didn’t commit — all while fighting cancer. Sixth Circuit: That is "seemingly unbecoming" but nevertheless within the prosecutor's traditional role as an advocate. Absolute immunity.