Skip to main content

Appeals

Eighth Circuit Excuses Speedy Trial Violation Based On Government Negligence

After his indictment on drug conspiracy charges, man's arrest warrant mysteriously vanishes from the FBI's database. Human error? A technical glitch? Divine intervention? Eighth Circuit: Shrugs. We'll never know. But what we do know is his Sixth Amendment right to a speedy trial was not violated by the eight-month delay that resulted because man did not show any particularized prejudice. Conviction affirmed.

Justice Gorsuch Slams Atty's Conviction By Court-Appointed Prosecutor

The U.S. Supreme Court declined on Monday to examine the constitutionality of a criminal contempt conviction for disbarred human rights lawyer Steven Donziger that was obtained by court-appointed prosecutors, prompting a dissent from Justice Neil Gorsuch, who decried the broken "constitutional promise" of having separation between judges and prosecutors (view full order).  

Sixth Circuit: Michigan Police Must Face Civil Rights False Arrest Lawsuit

Man calls 911 to report that a store clerk pulled a gun on him, threatened him, and taunted him with racial slurs. When Saginaw, Mich. police arrive, they arrest the man(!) him for filing a false police report. He spends 18 days in jail before being released and all charges against him are dropped. Man sues for false arrest. Police: We get qualified immunity. Sixth Circuit: No, you don't.

Fourth Circuit Again Invalidates Death Sentence After SCOTUS Reopened Case

Fourth Circuit (2021): This petitioner's South Carolina state court death sentence was defective because his trial counsel failed to present mitigating evidence during sentencing. We relied on evidence introduced in his federal habeas proceedings. Supreme Court (2022): Dear circuit court, reconsider your judgment in light of Shinn v. Martinez Ramirez, where we said you can't do that. Fourth Circuit (2023): Fine.

Third Circuit Revives Muslim Religious Bias Suit Against Prison Guards

Former federal inmate, a devout Muslim, sues under the Religious Freedom Restoration Act, alleging that when he would try to perform his required daily prayers during shift breaks at the prison commissary where he worked, prison guards—who also said "There is no good Muslim but a dead Muslim" and put a sticker on his back reading "I love pork bacon"—would follow him and deliberately interfere by making noises, talking loudly, and kicking boxes. Guards: We're entitled to qualified immunity. I mean,  what gov't official could possibly know that violated the law?

Seventh Circuit: Reasons For Compassionate Release Should Be Considered Cumulatively

Under 18 U.S.C. § 3582(c)(1)(A), a court is authorized to grant a reduction in sentence, commonly referred to as “compassionate release,” if three requirements are met. First, the offender must exhaust administrative remedies in BOP. Second, the offender must demonstrate “extraordinary and compelling reasons” for a sentence reduction. Third, the court must find that relief is warranted under the section 3553(a) sentencing factors (the statute also provides that a reduction must be consistent with “applicable policy statements issued by the Sentencing Commission”).

Tenth Circuit Suppresses Evidence; Rejects Inevitable Discovery Claim

Police: Our search of the defendant's backpack was valid because our only alternative to impounding it would have been to abandon it in public. It's not like we could just give it to the mysterious stranger who came up mere seconds after the defendant asked for his "girl" and who kept asking us to give it to her. She could have been anyone! Tenth Circuit: Um, or she could have been his girl. Nice try. Evidence suppressed!

Eighth Circuit Rejects Failure To Protect Inmate Claim Against Prison

Allegation: Inmate at Rush City, Minn. correctional facility is attacked with a shank when he declines to pay off his cellmate's drug debt. He (and his family) repeatedly asked the prison for a transfer to another facility, but officials decline (in part because the assailant attests "the issue was dead.") The assailant attacks again the first chance he gets by throwing a heated liquid in his face and striking him in the head and face, causing serious injuries. District court: Things happen. Summary judgment for prison officials.