IN THE SUPREME COURT OF THE UNITED STATES OF AMERICA BONGANI CHARLES CALHOUN PETITIONER UNITED STATES OF AMERICA RESPONDENT

Size: px
Start display at page:

Download "IN THE SUPREME COURT OF THE UNITED STATES OF AMERICA BONGANI CHARLES CALHOUN PETITIONER UNITED STATES OF AMERICA RESPONDENT"

Transcription

1 NO. IN THE SUPREME COURT OF THE UNITED STATES OF AMERICA BONGANI CHARLES CALHOUN PETITIONER VS. UNITED STATES OF AMERICA RESPONDENT PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT APPEAL CAUSE NO IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT CAUSE NO. 5:08-CR IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS ROBERT J. FICKMAN SCHNEIDER & McKINNEY, P.C. TEXAS BAR NO TOM MORAN * 440 LOUISIANA, SUITE LOUISIANA, SUITE 800 HOUSTON, TEXAS HOUSTON, TEXAS (713) (713) TELECOPIER: (713) TELECOPIER: (713) tom6294@aol.com *ATTORNEY IN CHARGE ATTORNEYS FOR PETITIONER

2 QUESTIONS PRESENTED During his cross examination of Petitioner, the attorney for the Government asked the following question: 1 You ve got African-Americans, you ve got Hispanics, you ve got a bag full of money. Does that tell you a light bulb doesn t go off in your head and say, This is a drug deal? The questions presented are: 1. Whether it is fundamental or structural error not amenable to meaningful review for the Government to resort to racial prejudice or stereotypes as an indicia of guilt? 2. If it is not structural error, is it always plain error for the Government to interject racial stereotypes into a trial in order to show the defendant s guilt? 1 Petitioner is African-American. i

3 LIST OF PARTIES Bogani Charles Calhoun Defendant-Petitioner The United States of America Plaintiff-Respondent ii

4 TABLE OF CONTENTS QUESTIONS PRESENTED i LIST OF PARTIES ii INDEX OF AUTHORITIES Cases Statutes and Rules iv iv iv I. THE COURT OF APPEALS OPINION II. STATEMENT OF JURISDICTION III. CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED IV. STATEMENT OF THE CASE A. The Race-Based Question B. The Court of Appeals Analysis VI. REASONS FOR REVIEW A. Issue 1: Structural or Fundamental Error? B. Issue 2: Plain Error VII. CONCLUSION CERTIFICATE OF SERVICE iii

5 INDEX OF AUTHORITIES Cases Arizona v. Fulminante, 499 U.S. 279 (1991) Bains v. Cambra, 204 F.3d 964 (9th Cir. 2000) Chapman v. California, 386 U.S. 18 (1967) , 6 McFarland v. Smith, 611 F.2d 414 (2d Cir. 1979) , 6 th Miller v. North Carolina, 583 F.2d 701 (4 Cir. 1978) Smith v. Farley, 59 F.3d 659, (7th Cir. 1995) , 6 United States v. Doe, 903 F.2d 16, 28 (D.C. Cir. 1990) , 6 United States v. Marcus, U.S., 130 S. Ct (2010) , 8 United States v. Sanchez, 482 F.2d 5 (5th Cir. 1973) , 6 United States v. Vue, 13 F.3d 1206 (8th Cir. 1994) , 6 Withers v. United States, 602 F.2d 124, 127 (6th Cir. 1979) , 6 Statutes and Rules 18 U.S.C U.S.C. 1254(1) U.S.C FED. R. CRIM. P. 52(b) iv

6 SUP. CT. R. 10(a) SUP. CT. R U.S. CONST. amend. V , 4 v

7 TO THE JUSTICES OF THE SUPREME COURT OF THE UNITED STATES: COMES NOW BOGANI CHARLES CALHOUN, Petitioner herein, by and through his attorneys, TOM MORAN and ROBERT J. FICKMAN, and pursuant to SUP. CT. R. 13, files this petition for writ of certiorari and in support thereof, would show the Court as follows: I. THE COURT OF APPEALS OPINION Petitioner s conviction was affirmed by the United States Court of Appeals in an unpublished opinion filed June 7, The style of the case was United States th v. Bogani Charles Calhoun, No (5 Cir. June 7, 2012). II. STATEMENT OF JURISDICTION Petitioner s conviction was affirmed on June 7, 2012, in an unpublished 2 opinion from the United States Court of Appeals for the Fifth Circuit. No motion for rehearing was filed. This is a direct appeal from a conviction in the United States District Court for the Western District of Texas. This Court has jurisdiction pursuant to 28 U.S.C. 1254(1). III. CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED No person should be held to answer for a capital, or otherwise 2 A copy of the opinion is attached hereto as Exhibit A. 1

8 infamous crime, unless on presentment or indictment of a Grand Jury, except in cases arising in the land and naval forces, or in the Militia when in actual service in time of War or public danger, nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. U.S. CONST. amend. V. FED. R. CRIM. P. 52(b). (b) Plain error. A plain error that affects substantial rights may be considered even though it was not brought to the court s attention. IV. STATEMENT OF THE CASE This is a direct appeal from a conviction in a federal criminal case. The District Court had jurisdiction pursuant to 18 U.S.C The Court of Appeals had jurisdiction to review a final judgment pursuant to 28 U.S.C Petitioner was convicted after a jury trial of conspiracy to possess with intent to distribute five or more kilograms of cocaine, attempt to possess with intent to distribute five or more kilograms of cocaine and possession of a firearm during a drug trafficking offense. The District Court assessed his punishment at 10 years incarceration on the conspiracy count and attempted possession count, to run concurrently. It also assessed five years incarceration on the firearm count, to run 2

9 consecutively to the first two counts. A. The Race-Based Question The Court of Appeals described the applicable questioning as follows: Calhoun first argues that he is entitled to a new trial because the prosecutor asked a highly prejudicial and racially inflammatory question while cross-examining him and raised the sentiment again during the Government s closing argument. The question in dispute was, You ve got African-Americans, you ve got Hispanics, you ve got a bag full of money. Does that tell you a light bulb doesn t go off in your head and say, This is a drug deal? Calhoun responded, No, sir. Slip op. at 1-2. There was no objection. B. The Court of Appeals Analysis In its plain error analysis, the Court of Appeals held the improper racial overtone was isolated and the prosecutor moved onto a different topic; the prosecutor s remarks in final argument were in response to defense counsel s argument and focused on the large amount of money present; the error was mitigated by the District Court s instructions to the jury that statements and argument by the attorneys was not evidence; the District Court s action in voir dire in ensuring that no juror felt influenced by Petitioner s race; and the strength of the evidence against him. Slip op. at

10 VI. REASONS FOR REVIEW There are cases in which the use of race is acceptable in criminal trials. For example, it goes without saying that a description of a perpetrator or victim would include race. Race would be relevant for an African-American to rebut allegations he was a member of the Aryan Brotherhood. 3 Other than such limited examples, race and ethnicity have no place in criminal trials. In the instant case, the Government s question was based on the racial and ethnic stereotype that when you have African-Americans around Hispanics in the presence of large sums of money, it must be a drug deal. Use of such racial stereotypes always violates the defendant s rights under the Due Process Clause and the Equal Protection Component of the Fifth Amendment, U.S. CONST. amend. V. This Court should send a message to all prosecutors in the United States that such foul, racial stereotypes have absolutely no place in American courtrooms. A. Issue 1: Structural or Fundamental Error? 1. Whether it is fundamental or structural error not amenable to meaningful review for the Government to resort to racial prejudice or stereotypes as an indicia of guilt? (1992). 3 The Aryan Brotherhood is a white racist prison gang. Dawson v. Deleware, 503 U.S

11 Review is proper pursuant to SUP. CT. R. 10(a) in that the decision of the Court of Appeals conflicts with that of the Fourth Circuit in Miller v. North Carolina, 583 th F.2d 701 (4 Cir. 1978) (structural error and automatic reversal when prosecutor resorts to racial prejudice). Conversely, other circuits have applied the harmless error rule in Chapman v. California, 386 U.S. 18 (1967), or have applied no reasoned approach at all when error is preserved. In contrast, other circuits have applied varying forms of harmless- 4 error analysis to such prosecutorial misconduct. Thus, the circuits are split on whether the use of racial prejudice in a criminal proceeding constitutes a structural 5 error, which requires an automatic reversal, or a trial error, which requires harmless- error review. 6 Perhaps even more significantly, even those circuits that have applied a harmless error review to a prosecutor s injection of race into criminal proceedings do 4 See, e.g., Bains v. Cambra, 204 F.3d 964, (9th Cir. 2000) (habeas case); Smith v. Farley, 59 F.3d 659, (7th Cir. 1995); United States v. Vue, 13 F.3d 1206, 1213 (8th Cir. 1994); United States v. Doe, 903 F.2d 16, 28 (D.C. Cir. 1990); McFarland v. Smith, 611 F.2d 414, (2d Cir. 1979); Withers v. United States, 602 F.2d 124, 127 (6th Cir. 1979); United States v. Sanchez, 482 F.2d 5, 9 (5th Cir. 1973). 5 See Arizona v. Fulminante, 499 U.S. 279, (1991) (explaining that structural errors defy analysis by harmless-error standards ). 6 See Fulminante, 499 U.S. at (explaining that the Supreme Court has applied harmless-error review to trial errors). 5

12 not agree on the appropriate standard for determining harmlessness. The Second, Eighth, and District of Columbia Circuits have applied the harmless-beyond-a- 7 reasonable-doubt standard articulated in Chapman. Conversely, the Fifth, Sixth, and Seventh Circuits have applied either a different standard for measuring harmlessness or no standard at all. For instance, in the Sixth Circuit, courts must determine whether the prosecutor s tactics may have had a substantial influence upon the result 8 of a trial. The remaining circuits that have addressed the issue have not clearly stated what standard they are applying to determine whether the prosecutor s conduct 9 was harmless. Thus, the circuits are also divided regarding how to determine whether a prosecution s unconstitutional racial tactics are harmless. Therefore, this Court should grant review to determine whether the deliberate injection of racial prejudice or racial stereotypes into a criminal trial by the Government constitutes structural error and, if not, the standard of review to be used 7 See, e.g., Vue 13 F.3d at 1213; Doe, 903 F.2d at 27-28; McFarland, 611 F.2d at Withers v. United States, 602 F.2d 124, 127 (6th Cir. 1979) (quoting United States v. Grey, 422 F.2d 1043, 1046 (6th Cir. 1970)). 9 See, e.g., Smith v. Farley, 59 F.3d 659, (7th Cir. 1995); id. at 664 ( The cases hold that one or two isolated references to race or ethnicity, wholly unlikely to sway a jury, do not compel a new trial on federal constitutional grounds when the defendant s guilt is established by overwhelming evidence. ); United States v. Sanchez, 482 F.2d 5, 9 (5th Cir. 1973) ( Nor was the error harmless under the circumstances for it is impossible to conclude that the prosecutor s remarks did not weigh heavily with the jury in bringing about appellant s conviction. ). 6

13 in determining whether the Government s actions constitute reversible error. B. Issue 2: Plain Error 2. If it is not structural error, is it always plain error for the Government to interject racial stereotypes into a trial in order to show the defendant s guilt? This Court has held an appellate court may reverse based on plain error, that is error that is not preserved in the trial court, if: 1) there is error; 2) the error is clear and obvious rather than subject to reasonable dispute; 3) the error affected the defendant s substantial rights, which normally means that it affected the outcome of the proceedings in district court; 4) and, the error affects the fairness, integrity or public reputation of judicial proceedings. United States v. Marcus, U.S., 130 S. Ct. 2159, 2164 (2010). This Court should grant review to determine whether the Court of Appeals gave improper weight to Marcus factor 3, that is whether it erred in requiring the error to affect the outcome of the district court proceedings rather whether the error affected Petitioner s substantial right to be tried fairly based on the evidence, not racial stereotypes. There should be no reasonable dispute that the prosecutor s question was improper and that the error in asking the question was clear and obvious, thereby satisfying Marcus factors one and two. There should be no dispute that injection of 7

14 racial stereotypes into criminal trials affects the integrity or public reputation of judicial proceedings. This Court should grant review to decide if a criminal defendant s substantial rights are affected when the Government in any way asserts his guilt based on racial stereotypes. VII. CONCLUSION This Court should grant review to determine whether the Government commits reversible error when it resorts to racial or ethnic stereotypes as an indicia of guilt and, if the error is not structural or fundamental error requiring reversal, what standard should be used to determine if it is plain error or reversible error. The Court also should decide whether the use by the Government of racial and ethnic stereotypes is so contrary to the American criminal justice system that in a plain error review, a defendant s substantial right to be tried on the merits and not his race is violated even if the violation is not outcome determinative. Petitioner asserts that racial or ethnic stereotypes have no place in the American criminal justice system. He further asserts that this Court should take this opportunity to make that perfectly clear to everyone in the Department of Justice. 8

15 WHEREFORE, PREMISES CONSIDERED, Petitioner prays that this Court grant his petition for writ of certiorari, order full briefs and oral arguments and reverse his conviction and remand for a new trial. Respectfully submitted, Schneider & McKinney, P.C. Tom Moran* Texas Bar No Louisiana, Suite 800 Houston, Texas (713) Telecopier: (713) tom6294@aol.com Robert J. Fickman Texas Bar No Louisiana, Suite 800 Houston, Texas (713) Telecopier: (713) *Attorney in charge ATTORNEYS FOR PETITIONER 9

16 CERTIFICATE OF SERVICE I certify that a true and correct copy of the above document was served on the United States by mailing a copy, postage paid, to the Solicitor General of the United States, Department of Justice, 950 Pennsylvania Avenue, N.W., Room 5614, Washington, D.C on this Day of September, Tom Moran 10

17 Exhibit A Opinion of the Court of Appeals

No IN THE SUPREME COURT OF THE UNITED STATES BONGANI CHARLES CALHOUN, PETITIONER UNITED STATES OF AMERICA

No IN THE SUPREME COURT OF THE UNITED STATES BONGANI CHARLES CALHOUN, PETITIONER UNITED STATES OF AMERICA No. 12-6142 IN THE SUPREME COURT OF THE UNITED STATES BONGANI CHARLES CALHOUN, PETITIONER v. UNITED STATES OF AMERICA ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE

More information

Supreme Court of the United States

Supreme Court of the United States No. IN THE Supreme Court of the United States ARMANDO GARCIA v. Petitioner, THE UNITED STATES OF AMERICA, Respondent. On Petition For Writ Of Certiorari To The United States Court of Appeals (7th Cir.)

More information

No SUPREME COURT OF THE UNITED STATES. Joseph Jones, Desmond Thurston, and Antuwan Ball Petitioner- Appellants,

No SUPREME COURT OF THE UNITED STATES. Joseph Jones, Desmond Thurston, and Antuwan Ball Petitioner- Appellants, No. 13-10026 SUPREME COURT OF THE UNITED STATES Joseph Jones, Desmond Thurston, and Antuwan Ball Petitioner- Appellants, v. United States, Respondent- Appellee. Appeal from the United States Court of Appeals

More information

Case 3:16-cr BR Document 925 Filed 07/22/16 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Case 3:16-cr BR Document 925 Filed 07/22/16 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON Case 3:16-cr-00051-BR Document 925 Filed 07/22/16 Page 1 of 12 J. Morgan Philpot (Oregon Bar No. 144811) Marcus R. Mumford (admitted pro hac vice) 405 South Main, Suite 975 Salt Lake City, UT 84111 (801)

More information

SUPREME COURT OF THE UNITED STATES

SUPREME COURT OF THE UNITED STATES Cite as: 535 U. S. (2002) 1 NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of

More information

No ~n ~up~eme ~ourt of t~e ~n~teb ~tate~ JERI-ANN SHERRY Petitioner, WILLIAM D. JOHNSON Respondent.

No ~n ~up~eme ~ourt of t~e ~n~teb ~tate~ JERI-ANN SHERRY Petitioner, WILLIAM D. JOHNSON Respondent. JUL! 3 ~I0 No. 09-1342 ~n ~up~eme ~ourt of t~e ~n~teb ~tate~ JERI-ANN SHERRY Petitioner, Vo WILLIAM D. JOHNSON Respondent. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE

More information

No. 06SC188, Medina v. People Sentencing for Crime Different than Jury Conviction Violates Due Process and Sixth Amendment

No. 06SC188, Medina v. People Sentencing for Crime Different than Jury Conviction Violates Due Process and Sixth Amendment Opinions of the Colorado Supreme Court are available to the public and can be accessed through the Court s homepage at http://www.courts.state.co.us/supct/supctcaseannctsindex.htm and are posted on the

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS SHERMAN DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS SHERMAN DIVISION UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS SHERMAN DIVISION UNITED STATES OF AMERICA, CRIMINAL ACTION NO. Plaintiff, 4:-04-CR-175 v. XXX XXX XXX, Defendant. MOTION FOR SEVERANCE AND MEMORANDUM

More information

In the Supreme Court of the United States

In the Supreme Court of the United States No. 14-1153 In the Supreme Court of the United States EDMUND LACHANCE, v. Petitioner, MASSACHUSETTS, Respondent. On Petition for a Writ of Certiorari to the Supreme Judicial Court of Massachusetts REPLY

More information

BRIEF IN OPPOSITION TO WRIT OF CERTIORARI

BRIEF IN OPPOSITION TO WRIT OF CERTIORARI No. 16-8255 IN THE SUPREME COURT OF THE UNITED STATES ROBERT McCOY, Petitioner V. STATE OF LOUISIANA, Respondent BRIEF IN OPPOSITION TO WRIT OF CERTIORARI OFFICE OF THE DISTRICT ATTORNEY 26TH JUDICIAL

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No P. versus. WARDEN, Respondent Appellee.

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No P. versus. WARDEN, Respondent Appellee. Case: 17-14027 Date Filed: 04/03/2018 Page: 1 of 10 KEITH THARPE, IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 17-14027-P versus Petitioner Appellant, WARDEN, Respondent Appellee.

More information

PETITION FOR WRIT OF CERTIORARI

PETITION FOR WRIT OF CERTIORARI E-Filed Document May 11 2016 11:16:48 2014-CT-00615-SCT Pages: 9 IN THE SUPREME COURT OF THE STATE OF MISSISSIPPI WILLIAM MICHAEL JORDAN A/K/A BOOTY VS. APPELLANT NO. 2014-KA-00615-COA STATE OF MISSISSIPPI

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT PEOPLE OF THE STATE OF CALIFORNIA,) ) Plaintiff and Respondent, ) ) v. ) ) SHAWN RAMON ROGERS, ) ) Defendant and Appellant. )

More information

TENTH CIRCUIT ORDER AND JUDGMENT * On October 20, 2006, Jonearl B. Smith was charged by complaint with

TENTH CIRCUIT ORDER AND JUDGMENT * On October 20, 2006, Jonearl B. Smith was charged by complaint with FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS December 23, 2011 TENTH CIRCUIT Elisabeth A. Shumaker Clerk of Court UNITED STATES OF AMERICA, v. Plaintiff - Appellee,

More information

ALYSHA PRESTON. iversity School of Law. North Carolina v. Pearce, 395 U.S. 711, 713 (1969). 2. Id. 3. Id. 4. Id. 5. Id. at

ALYSHA PRESTON. iversity School of Law. North Carolina v. Pearce, 395 U.S. 711, 713 (1969). 2. Id. 3. Id. 4. Id. 5. Id. at REEVALUATING JUDICIAL VINDICTIVENESS: SHOULD THE PEARCE PRESUMPTION APPLY TO A HIGHER PRISON SENTENCE IMPOSED AFTER A SUCCESSFUL MOTION FOR CORRECTIVE SENTENCE? ALYSHA PRESTON INTRODUCTION Meet Clifton

More information

PETITION FOR WRIT OF CERTIORARI

PETITION FOR WRIT OF CERTIORARI E-Filed Document Jun 26 2018 15:21:02 2016-CT-00932-SCT Pages: 7 IN THE SUPREME COURT OF THE STATE OF MISSISSIPPI WILLIE PICKETT PETITIONER v. No. 2016-KA-932 STATE OF MISSISSIPPI APPELLEE PETITION FOR

More information

TEXAS CRIMINAL DEFENSE FORMS ANNOTATED

TEXAS CRIMINAL DEFENSE FORMS ANNOTATED TEXAS CRIMINAL DEFENSE FORMS ANNOTATED 1.1 SURETY S AFFIDAVIT TO SURRENDER PRINCIPAL Order By Daniel L. Young PART ONE STATE PROCEEDINGS CHAPTER 1. BAIL 1.2 SURETY S AFFIDAVIT TO SURRENDER PRINCIPAL CURRENTLY

More information

Circuit Court for Baltimore County Case No. K UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No September Term, 2015

Circuit Court for Baltimore County Case No. K UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No September Term, 2015 Circuit Court for Baltimore County Case No. K14-5479 UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2349 September Term, 2015 UKEENAN NAUTICA THOMAS v. STATE OF MARYLAND Nazarian, Shaw Geter,

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 09-70030 Document: 00511160264 Page: 1 Date Filed: 06/30/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D June 30, 2010 Lyle

More information

Supreme Court of Florida

Supreme Court of Florida Supreme Court of Florida PER CURIAM. No. SC06-1966 DANNY HAROLD ROLLING, Appellant, vs. STATE OF FLORIDA, Appellee. [October 18, 2006] Danny Harold Rolling, a prisoner under sentence of death and an active

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No P. versus

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No P. versus Case: 17-14027 Date Filed: 09/21/2017 Page: 1 of 9 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 17-14027-P KEITH THARPE, WARDEN, Georgia Diagnostic and Classification Prison, versus

More information

Strickland v. Washington 466 U.S. 668 (1984), still control claims of

Strickland v. Washington 466 U.S. 668 (1984), still control claims of QUESTION PRESENTED FOR REVIEW Does the deficient performance/resulting prejudice standard of Strickland v. Washington 466 U.S. 668 (1984), still control claims of ineffective assistance of post-conviction

More information

STATE V. GONZALES, 1997-NMCA-039, 123 N.M. 337, 940 P.2d 185 STATE OF NEW MEXICO, Plaintiff-Appellant, vs. JOE GONZALES, Defendant-Appellee.

STATE V. GONZALES, 1997-NMCA-039, 123 N.M. 337, 940 P.2d 185 STATE OF NEW MEXICO, Plaintiff-Appellant, vs. JOE GONZALES, Defendant-Appellee. 1 STATE V. GONZALES, 1997-NMCA-039, 123 N.M. 337, 940 P.2d 185 STATE OF NEW MEXICO, Plaintiff-Appellant, vs. JOE GONZALES, Defendant-Appellee. Docket No. 16,677 COURT OF APPEALS OF NEW MEXICO 1997-NMCA-039,

More information

NO. IN THE SUPREME COURT OF THE UNITED STATES, Trevon Sykes - Petitioner. vs. United State of America - Respondent.

NO. IN THE SUPREME COURT OF THE UNITED STATES, Trevon Sykes - Petitioner. vs. United State of America - Respondent. NO. IN THE SUPREME COURT OF THE UNITED STATES, 2017 Trevon Sykes - Petitioner vs. United State of America - Respondent. PETITION FOR WRIT OF CERTIORARI Levell D. Littleton Attorney for Petitioner 1221

More information

Supreme Court of Florida

Supreme Court of Florida Supreme Court of Florida No. SC93037 STATE OF FLORIDA, Petitioner, vs. ROBERT HARBAUGH, Respondent. [March 9, 2000] PER CURIAM. We have for review a district court s decision on the following question,

More information

Ch. 5 (pt 2): Civil Liberties: The Rest of the Bill of Rights

Ch. 5 (pt 2): Civil Liberties: The Rest of the Bill of Rights Name: Date: Period: Ch 5 (pt 2): Civil Liberties: The Rest of the Bill of Rights Notes Ch 5 (pt 2): Civil Liberties: The Rest of the Bill of Rights 1 Objectives about Civil Liberties GOVT11 The student

More information

F I L E D November 28, 2012

F I L E D November 28, 2012 Case: 11-40572 Document: 00512066931 Page: 1 Date Filed: 11/28/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D November 28, 2012

More information

2004 U.S. Dist. LEXIS 14984, * DARBERTO GARCIA, Petitioner, v. UNITED STATES OF AMERICA, Respondent. 04-CV-0465

2004 U.S. Dist. LEXIS 14984, * DARBERTO GARCIA, Petitioner, v. UNITED STATES OF AMERICA, Respondent. 04-CV-0465 2004 U.S. Dist. LEXIS 14984, * DARBERTO GARCIA, Petitioner, v. UNITED STATES OF AMERICA, Respondent. 04-CV-0465 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK 2004 U.S. Dist. LEXIS

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. Third District Case No. 3D LEONARDO DIAZ, Petitioner, THE STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF FLORIDA CASE NO. Third District Case No. 3D LEONARDO DIAZ, Petitioner, THE STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF FLORIDA CASE NO. Third District Case No. 3D01-1486 LEONARDO DIAZ, Petitioner, v. THE STATE OF FLORIDA, Respondent. ----------------------------------------------------------------------

More information

Civil Liberties & the Rights of the Accused CIVIL RIGHTS AND CIVIL LIBERTIES

Civil Liberties & the Rights of the Accused CIVIL RIGHTS AND CIVIL LIBERTIES Civil Liberties & the Rights of the Accused CIVIL RIGHTS AND CIVIL LIBERTIES In the U.S. when one is accused of breaking the law he / she has rights for which the government cannot infringe upon when trying

More information

RICHARD STALDER SECRETARY DEPARTMENT OF BLIC SAFETY AND CORRECTIONS AND VENETIA MICHAEL WARDEN DAVID WADE CORRECTIONAL CENTER

RICHARD STALDER SECRETARY DEPARTMENT OF BLIC SAFETY AND CORRECTIONS AND VENETIA MICHAEL WARDEN DAVID WADE CORRECTIONAL CENTER NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA 616111 11toZ1J24 4 FIRST CIRCUIT 2010 CA 0957 CGEORGEVERSUS ROLAND JR P RICHARD STALDER SECRETARY DEPARTMENT OF BLIC SAFETY AND CORRECTIONS AND VENETIA

More information

In the Supreme Court of the United States. District of Columbia and Mayor Adrian M. Fenty, Petitioners, Dick Heller, et al.

In the Supreme Court of the United States. District of Columbia and Mayor Adrian M. Fenty, Petitioners, Dick Heller, et al. In the Supreme Court of the United States 6 2W7 District of Columbia and Mayor Adrian M. Fenty, Petitioners, Dick Heller, et al. ON APPLICATION FOR EXTENSION OF TIME TO FILE A PETITION FOR A WRIT OF CERTIORARI

More information

NO IN THE SUPREME COURT OF THE UNITED STATES. Tyrone Noling, Petitioner, Margaret Bradshaw, Warden, Respondent.

NO IN THE SUPREME COURT OF THE UNITED STATES. Tyrone Noling, Petitioner, Margaret Bradshaw, Warden, Respondent. NO. 11-7376 IN THE SUPREME COURT OF THE UNITED STATES Tyrone Noling, Petitioner, Margaret Bradshaw, Warden, Respondent. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE

More information

No IN THE SUPREME COURT OF THE UNITED STATES. October Term JONATHAN BOYER, Petitioner, -vs- STATE OF LOUISIANA, Respondent

No IN THE SUPREME COURT OF THE UNITED STATES. October Term JONATHAN BOYER, Petitioner, -vs- STATE OF LOUISIANA, Respondent -.--- Defense Counsel No. 11-9953 IN THE SUPREME COURT OF THE UNITED STATES October Term 2012 JONATHAN BOYER, Petitioner, -vs- STATE OF LOUISIANA, Respondent ON PETITION FOR WRIT OF CERTIORARI TO THE LOUISIANA

More information

Case 2:11-cr MLCF-ALC Document 51 Filed 06/20/13 Page 1 of 11 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA V. NO.

Case 2:11-cr MLCF-ALC Document 51 Filed 06/20/13 Page 1 of 11 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA V. NO. Case 2:11-cr-00048-MLCF-ALC Document 51 Filed 06/20/13 Page 1 of 11 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA UNITED STATES OF AMERICA CRIMINAL ACTION V. NO. 11-48 HENRY M. MOUTON SECTION

More information

NO: INTHE SUPREME COURT OF THE UNITED STATES OCTOBER TERM, 2014 DANAE. TUOMI, UNITED STATES OF AMERICA,

NO: INTHE SUPREME COURT OF THE UNITED STATES OCTOBER TERM, 2014 DANAE. TUOMI, UNITED STATES OF AMERICA, NO: 15-5756 INTHE SUPREME COURT OF THE UNITED STATES OCTOBER TERM, 2014 DANAE. TUOMI, Petitioner, v. UNITED STATES OF AMERICA, Respondent. On Petition for Writ of Certiorari to the United States Court

More information

IN THE CIRCUIT COURT OF TEXAS COUNTY STATE OF MISSOURI

IN THE CIRCUIT COURT OF TEXAS COUNTY STATE OF MISSOURI IN THE CIRCUIT COURT OF TEXAS COUNTY STATE OF MISSOURI BRAD JENNINGS Petitioner. v. Case No.: 16TE-CC00470 JEFF NORMAN Respondent. PETITIONER BRAD JENNINGS MOTION FOR RELEASE PENDING FURTHER PROCEEDINGS

More information

Supreme Court of the United States

Supreme Court of the United States No. ================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- WILLIAM GIL PERENGUEZ,

More information

Follow this and additional works at:

Follow this and additional works at: 2013 Decisions Opinions of the United States Court of Appeals for the Third Circuit 3-21-2013 USA v. Brunson Precedential or Non-Precedential: Non-Precedential Docket No. 11-3479 Follow this and additional

More information

The Jurisprudence of Justice John Paul Stevens: Selected Opinions on the Jury s Role in Criminal Sentencing

The Jurisprudence of Justice John Paul Stevens: Selected Opinions on the Jury s Role in Criminal Sentencing The Jurisprudence of Justice John Paul Stevens: Selected Opinions on the Jury s Role in Criminal Sentencing Anna C. Henning Legislative Attorney June 7, 2010 Congressional Research Service CRS Report for

More information

Supreme Court of the United States

Supreme Court of the United States No. 07-9712 IN THE Supreme Court of the United States JAMES BENJAMIN PUCKETT, v. Petitioner, UNITED STATES OF AMERICA, Respondent. On Petition for a Writ of Certiorari to the United States Court of Appeals

More information

Case: 1:13-cr Document #: 24 Filed: 04/14/14 Page 1 of 8 PageID #:108

Case: 1:13-cr Document #: 24 Filed: 04/14/14 Page 1 of 8 PageID #:108 Case: 1:13-cr-00720 Document #: 24 Filed: 04/14/14 Page 1 of 8 PageID #:108 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff,

More information

PETITIONER'S PETITION FOR DISCRETIONARY REVIEW

PETITIONER'S PETITION FOR DISCRETIONARY REVIEW No. PD-0639-15 (Court of Appeals No. 05-14-00243-CR) PD-0639-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 6/29/2015 11:29:12 AM Accepted 6/29/2015 4:51:32 PM ABEL ACOSTA CLERK IN THE COURT OF

More information

IN THE SUPREME COURT OF THE UNITED STATES. OCTOBER TERM, 2015 LEVON DEAN, JR., Petitioner. UNITED STATES OF AMERICA, Respondent

IN THE SUPREME COURT OF THE UNITED STATES. OCTOBER TERM, 2015 LEVON DEAN, JR., Petitioner. UNITED STATES OF AMERICA, Respondent IN THE SUPREME COURT OF THE UNITED STATES OCTOBER TERM, 2015 LEVON DEAN, JR., Petitioner v. UNITED STATES OF AMERICA, Respondent ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS

More information

Desmond Jerrod Smith v. State of Maryland No. 64, September Term 2007

Desmond Jerrod Smith v. State of Maryland No. 64, September Term 2007 Desmond Jerrod Smith v. State of Maryland No. 64, September Term 2007 Headnote: Where, in a jury trial, a tape-recorded statement of a witness testifying in the trial was played for the jury, and where

More information

JOHN J. MOLAISON, JR. JUDGE

JOHN J. MOLAISON, JR. JUDGE STATE OF LOUISIANA VERSUS JOHN ESTEEN, III NO. 18-KA-392 FIFTH CIRCUIT COURT OF APPEAL STATE OF LOUISIANA ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA

More information

Follow this and additional works at:

Follow this and additional works at: 2015 Decisions Opinions of the United States Court of Appeals for the Third Circuit 1-29-2015 USA v. David Calhoun Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2015

More information

Religious Beliefs, Motion for Voir Dire on Sentence Length, and Motion for Voir

Religious Beliefs, Motion for Voir Dire on Sentence Length, and Motion for Voir IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS CRIMINAL COURT DEPARTMENT STATE OF KANSAS, Plaintiff, VS. FRAZIER GLENN CROSS, JR., Defendant. 14CR853 Div. 17 STATE S BRIEF RE: JURY SELECTION COMES NOW

More information

Case 3:18-cr MMH-JRK Document 60 Filed 10/18/18 Page 1 of 6 PageID 154

Case 3:18-cr MMH-JRK Document 60 Filed 10/18/18 Page 1 of 6 PageID 154 Case 3:18-cr-00089-MMH-JRK Document 60 Filed 10/18/18 Page 1 of 6 PageID 154 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION UNITED STATES OF AMERICA vs. CASE NO.: 3:18-cr-89-J-34JRK

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED June 9, 2015 v No. 317282 Jackson Circuit Court TODD DOUGLAS ROBINSON, LC No. 12-003652-FC Defendant-Appellant.

More information

NO. IN THE SUPREME COURT OF THE UNITED STATES DOYLE RANDALL PAROLINE PETITIONER. THE UNITED STATES OF AMERICA RESPONDENTS and AMY UNKNOWN

NO. IN THE SUPREME COURT OF THE UNITED STATES DOYLE RANDALL PAROLINE PETITIONER. THE UNITED STATES OF AMERICA RESPONDENTS and AMY UNKNOWN NO. IN THE SUPREME COURT OF THE UNITED STATES DOYLE RANDALL PAROLINE PETITIONER VS. THE UNITED STATES OF AMERICA RESPONDENTS and AMY UNKNOWN ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT

More information

APPELLATE COURT NO. IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. In Re: KENT E. HOVIND. Petition for Writ of Mandamus from the

APPELLATE COURT NO. IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. In Re: KENT E. HOVIND. Petition for Writ of Mandamus from the APPELLATE COURT NO. CASE NO. 3:06 CR 83/MCR IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT In Re: KENT E. HOVIND Petition for Writ of Mandamus from the Northern District of Florida Pensacola,

More information

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR JOSEPHINE COUNTY. CASE No. 07-CR-0043

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR JOSEPHINE COUNTY. CASE No. 07-CR-0043 Terri Wood, OSB # Law Office of Terri Wood, P.C. 0 Van Buren Street Eugene, Oregon 0 1--1 Fax: 1-- Email: twood@callatg.com Attorney for Benjamin Jones IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR JOSEPHINE

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Scaife v. Falk et al Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-02530-BNB VERYL BRUCE SCAIFE, v. Applicant, FRANCIS FALK, and THE ATTORNEY GENERAL OF

More information

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION. Criminal No. 5:06-CR-136-1D Civil No.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION. Criminal No. 5:06-CR-136-1D Civil No. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Criminal No. 5:06-CR-136-1D Civil No. 5:08-CV-425-1D KEVIN LESLIE GEDDINGS, ) ) Petitioner, ) ) GOVERNMENT'S MEMORANDUM

More information

v. DCA CASE NO: 2D L.T. CASE NO: CRC CFANO-D SThT OF FLORIDA, ppellee.

v. DCA CASE NO: 2D L.T. CASE NO: CRC CFANO-D SThT OF FLORIDA, ppellee. WALTER E. WILLIAMS, Appellant, IN THE DISTRICT COURT OF APPEAL FOR THE SECOND DISTRICT STATE OF FLORIDA v. DCA CASE NO: 2D17-3550 L.T. CASE NO: CRC-92-02284-CFANO-D SThT OF FLORIDA, ppellee. O APPELLANT'S

More information

TREVINO v. TEXAS. on petition for writ of certiorari to the court of criminal appeals of texas

TREVINO v. TEXAS. on petition for writ of certiorari to the court of criminal appeals of texas 562 OCTOBER TERM, 1991 TREVINO v. TEXAS on petition for writ of certiorari to the court of criminal appeals of texas No. 91 6751. Decided April 6, 1992 Before jury selection began in petitioner Trevino

More information

Fifth, Sixth, and Eighth Amendment Rights

Fifth, Sixth, and Eighth Amendment Rights You do not need your computers today. Fifth, Sixth, and Eighth Amendment Rights How have the Fifth, Sixth, and Eighth Amendments' rights of the accused been incorporated as a right of all American citizens?

More information

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION RICHARD HAMBLEN ) ) v. ) No. 3:08-1034 ) JUDGE CAMPBELL UNITED STATES OF AMERICA ) MEMORANDUM I. Introduction Pending before

More information

SUPREME COURT OF ALABAMA

SUPREME COURT OF ALABAMA Rel:05/29/2009 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT VS. : APPEAL NUMBER

IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT VS. : APPEAL NUMBER IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT UNITED STATES OF AMERICA : Appellant, VS. : APPEAL NUMBER 05-4833 MARC RICKS : Appellee. Petition for Panel Rehearing and Rehearing En Banc Under

More information

IN THE SUPREME COURT OF THE UNITED STATES

IN THE SUPREME COURT OF THE UNITED STATES No. 14 191 IN THE SUPREME COURT OF THE UNITED STATES CHARLES L. RYAN, DIRECTOR, ARIZONA DEPARTMENT OF CORRECTONS, VS. RICHARD D. HURLES, Petitioner, Respondent. On Petition for Writ of Certiorari to the

More information

FACTUAL AND PROCEDURAL BACKGROUND

FACTUAL AND PROCEDURAL BACKGROUND IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA : : vs. : No. 285 CR 2011 : PATRICIA E. GADALETA, : Defendant/Appellant : Jean A. Engler, Esquire

More information

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No US v. Debon Sims, Jr. Doc. 406483749 Appeal: 16-4266 Doc: 46 Filed: 04/17/2017 Pg: 1 of 6 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-4266 UNITED STATES OF AMERICA, Plaintiff

More information

Case 2:11-cr HH-FHS Document 133 Filed 08/16/12 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Case 2:11-cr HH-FHS Document 133 Filed 08/16/12 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA Case 2:11-cr-00299-HH-FHS Document 133 Filed 08/16/12 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA UNITED STATES OF AMERICA * CRIMINAL NO. 11-CR-299 v. * SECTION: HH AARON F.

More information

Follow this and additional works at:

Follow this and additional works at: 2006 Decisions Opinions of the United States Court of Appeals for the Third Circuit 12-4-2006 USA v. Rivera Precedential or Non-Precedential: Non-Precedential Docket No. 05-5329 Follow this and additional

More information

Follow this and additional works at:

Follow this and additional works at: 2012 Decisions Opinions of the United States Court of Appeals for the Third Circuit 2-6-2012 USA v. James Murphy Precedential or Non-Precedential: Non-Precedential Docket No. 10-2896 Follow this and additional

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION In re, No. A On Habeas Corpus. Related Appeal No. A County Superior Court No. PETITION FOR WRIT OF HABEAS CORPUS [Attorney

More information

UNITED STATES COURT OF APPEALS TENTH CIRCUIT ORDER DENYING CERTIFICATE OF APPEALABILITY *

UNITED STATES COURT OF APPEALS TENTH CIRCUIT ORDER DENYING CERTIFICATE OF APPEALABILITY * FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS TENTH CIRCUIT February 6, 2009 Elisabeth A. Shumaker Clerk of Court MONSEL DUNGEN, Petitioner - Appellant, v. AL ESTEP;

More information

Litigating with an Eye Towards the Supreme Court

Litigating with an Eye Towards the Supreme Court Litigating with an Eye Towards the Supreme Court -- Federal Criminal Practice Seminar, Fall 2017 -- Amir H. Ali, Supreme Court & Appellate Counsel, MacArthur Justice Center Founded D.C. office of MacArthur

More information

SUPREME COURT OF THE UNITED STATES

SUPREME COURT OF THE UNITED STATES Cite as: U. S. (1998) 1 SUPREME COURT OF THE UNITED STATES ARTHUR CALDERON, WARDEN v. RUSSELL COLEMAN ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No.

More information

IN THE SUPREME COURT OF FLORIDA NO. SC THOMAS M. OVERTON,

IN THE SUPREME COURT OF FLORIDA NO. SC THOMAS M. OVERTON, IN THE SUPREME COURT OF FLORIDA NO. SC04-2018 THOMAS M. OVERTON, v. Petitioner, THE HONORABLE MARK H. JONES, Circuit Judge, Sixteenth Circuit In and For Monroe County, Respondent. EMERGENCY PETITION FOR

More information

No. - IN THE SUPREME COURT OF THE UNITED STATES. ALLEN RYAN ALLEYNE, Petitioner, UNITED STATES OF AMERICA, Respondent.

No. - IN THE SUPREME COURT OF THE UNITED STATES. ALLEN RYAN ALLEYNE, Petitioner, UNITED STATES OF AMERICA, Respondent. No. - IN THE SUPREME COURT OF THE UNITED STATES ALLEN RYAN ALLEYNE, Petitioner, v. UNITED STATES OF AMERICA, Respondent. On Petition for Writ of Certiorari to the United States Court of Appeals for the

More information

Petition for Writ of Certiorari Denied May 8, 1990 COUNSEL

Petition for Writ of Certiorari Denied May 8, 1990 COUNSEL STATE V. CASTILLO, 1990-NMCA-043, 110 N.M. 54, 791 P.2d 808 (Ct. App. 1990) STATE OF NEW MEXICO, Plaintiff-Appellee, vs. MARIO CASTILLO, Defendant-Appellant Nos. 11074, 11119 Consolidated COURT OF APPEALS

More information

Follow this and additional works at:

Follow this and additional works at: 2008 Decisions Opinions of the United States Court of Appeals for the Third Circuit 1-24-2008 USA v. Lister Precedential or Non-Precedential: Non-Precedential Docket No. 06-1476 Follow this and additional

More information

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) UNITED STATES OF AMERICA, ) ) Plaintiff-Appellee; ) ) Crim. No. 02-484-02 (TFH) v. ) (Appeal No. 03-3126) ) Xxxxxxxx Xxxxxxxx Xxxxxxxx ) ) Defendant-Appellant.

More information

Case: Document: Page: 1 Date Filed: 07/28/ UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Case: Document: Page: 1 Date Filed: 07/28/ UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 06-20885 Document: 00511188299 Page: 1 Date Filed: 07/28/2010 06-20885 UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JEFFREY K. SKILLING, Defendant-Appellant.

More information

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION Hill v. Dixon Correctional Institute Doc. 2 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION DWAYNE J. HILL, aka DEWAYNE HILL CIVIL ACTION NO. 09-1819 LA. DOC #294586 VS. SECTION

More information

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT PADUCAH (Filed Electronically) CRIMINAL ACTION NO. 5:06CR-19-R UNITED STATES OF AMERICA,

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT PADUCAH (Filed Electronically) CRIMINAL ACTION NO. 5:06CR-19-R UNITED STATES OF AMERICA, UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT PADUCAH (Filed Electronically) CRIMINAL ACTION NO. 5:06CR-19-R UNITED STATES OF AMERICA, PLAINTIFF, vs. STEVEN DALE GREEN, DEFENDANT. DEFENDANT

More information

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION UNITED STATES OF AMERICA,

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION UNITED STATES OF AMERICA, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION UNITED STATES OF AMERICA, CRIMINAL ACTION NO. Plaintiff, 3:93-CR-330-T v. XXXX XXXX, Defendant. MOTION TO DISMISS INDICTMENT Defendant

More information

IN THE SUPREME COURT OF THE UNITED STATES

IN THE SUPREME COURT OF THE UNITED STATES CASE NO. 06-41 5 - IN THE SUPREME COURT OF THE UNITED STATES JOHN SELIG, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE ARKANSAS DEPARTMENT OF HEALTH AND HUMAN SERVICES, ET AL., PETITIONERS VS. PEDIATRIC

More information

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Anthony Butler v. K. Harrington Doc. 9026142555 Case: 10-55202 06/24/2014 ID: 9142958 DktEntry: 84 Page: 1 of 11 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ANTHONY BUTLER, Petitioner-Appellant,

More information

June 2018 Fourth Circuit Case Summaries: June 20, 21, 26, and 27, 2018

June 2018 Fourth Circuit Case Summaries: June 20, 21, 26, and 27, 2018 Phil Dixon 919.966.4248 dixon@sog.unc.edu UNC School of Government June 2018 Fourth Circuit Case Summaries: June 20, 21, 26, and 27, 2018 Seizure was supported by reasonable suspicion and affirmed despite

More information

Supreme Court of the United States

Supreme Court of the United States No. 16-424 IN THE Supreme Court of the United States RODNEY CLASS, v. UNITED STATES OF AMERICA, Petitioner, Respondent. On Petition for a Writ of Certiorari to the United States Court of Appeals for the

More information

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. vs. Appeal No District Court Docket Number 1:03-cr-129 JIM RICH Appellant.

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. vs. Appeal No District Court Docket Number 1:03-cr-129 JIM RICH Appellant. UNITED STATES OF AMERICA Appellee, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT vs. Appeal No. 04-50647 District Court Docket Number 1:03-cr-129 JIM RICH Appellant. / APPELLANT RICH S MOTION FOR

More information

Follow this and additional works at:

Follow this and additional works at: 2016 Decisions Opinions of the United States Court of Appeals for the Third Circuit 1-22-2016 USA v. Marcus Pough Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2016

More information

Follow this and additional works at:

Follow this and additional works at: 2013 Decisions Opinions of the United States Court of Appeals for the Third Circuit 11-26-2013 USA v. Jo Benoit Precedential or Non-Precedential: Non-Precedential Docket No. 12-3745 Follow this and additional

More information

This matter came before the undersigned Judge of District Court upon Defendant s

This matter came before the undersigned Judge of District Court upon Defendant s STATE OF MINNESOTA HENNEPIN COUNTY DISTRICT COURT FOURTH JUDICIAL DISTRICT State of Minnesota, Plaintiff, v. Allen Lawrence Scarsella, Defendant. ORDER AND MEMORANDUM ON DEFENDANT S MOTION TO CHANGE VENUE

More information

No. IN THE. On Petition for Writ of Certiorari To The United States Court of Appeals for the Fifth Circuit

No. IN THE. On Petition for Writ of Certiorari To The United States Court of Appeals for the Fifth Circuit No. IN THE SUPREME COURT OF THE UNITED STATES FRANCISCO GUTIERREZ-LOPEZ, v. UNITED STATES OF AMERICA Petitioner Respondent On Petition for Writ of Certiorari To The United States Court of Appeals for the

More information

In the Supreme Court of the United States

In the Supreme Court of the United States NO. 14-449 In the Supreme Court of the United States STATE OF KANSAS, v. JONATHAN D. CARR, Petitioner, Respondent. On Petition for Writ of Certiorari to the Supreme Court of Kansas REPLY BRIEF FOR PETITIONER

More information

IN THE COMMON PLEAS COURT OF FAIRFIELD COUNTY, OHIO. Plaintiff, : Case No. 11 CR 489

IN THE COMMON PLEAS COURT OF FAIRFIELD COUNTY, OHIO. Plaintiff, : Case No. 11 CR 489 IN THE COMMON PLEAS COURT OF FAIRFIELD COUNTY, OHIO STATE OF OHIO, : Plaintiff, : Case No. 11 CR 489 v. : Judge Berens CLARENCE MULLINS, : ENTRY Overruling Defendant s Motion to Dismiss Defendant. : This

More information

CERTIFICATE OF MAILING. The undersigned hereby certifies that she is a member of the Bar of the

CERTIFICATE OF MAILING. The undersigned hereby certifies that she is a member of the Bar of the STATE OF LOUISIANA PARISH OF ORLEANS CERTIFICATE OF MAILING The undersigned hereby certifies that she is a member of the Bar of the Supreme Court of the United States, and that she caused the Supplemental

More information

Case Document 431 Filed in TXSB on 03/21/17 Page 1 of 35

Case Document 431 Filed in TXSB on 03/21/17 Page 1 of 35 Case 17-30560 Document 431 Filed in TXSB on 03/21/17 Page 1 of 35 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION IN RE VANGUARD NATURAL RESOURCES, CASE NO. 17-30560

More information

Follow this and additional works at:

Follow this and additional works at: 2009 Decisions Opinions of the United States Court of Appeals for the Third Circuit 1-27-2009 USA v. Marshall Precedential or Non-Precedential: Non-Precedential Docket No. 07-4778 Follow this and additional

More information

United States Court of Appeals

United States Court of Appeals In the United States Court of Appeals For the Seventh Circuit No. 14-3049 BENJAMIN BARRY KRAMER, Petitioner-Appellant, v. UNITED STATES OF AMERICA, Respondent-Appellee. Appeal from the United States District

More information

Follow this and additional works at:

Follow this and additional works at: 2004 Decisions Opinions of the United States Court of Appeals for the Third Circuit 4-29-2004 USA v. Hoffner Precedential or Non-Precedential: Non-Precedential Docket No. 02-2642 Follow this and additional

More information

Case 1:08-cv JD Document 1 Filed 03/20/08 Page 1 of 14 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Case 1:08-cv JD Document 1 Filed 03/20/08 Page 1 of 14 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Case 1:08-cv-00105-JD Document 1 Filed 03/20/08 Page 1 of 14 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Chad Evans, Petitioner v. No. Richard M. Gerry, Warden, New Hampshire State Prison,

More information

Test Bank for Criminal Evidence Principles and Cases 8th Edition by Thomas J. Gardner and Terry M. Anderson

Test Bank for Criminal Evidence Principles and Cases 8th Edition by Thomas J. Gardner and Terry M. Anderson Test Bank for Criminal Evidence Principles and Cases 8th Edition by Thomas J. Gardner and Terry M. Anderson Link download full: https://digitalcontentmarket.org/download/test-bank-forcriminal-evidence-principles-and-cases-8th-edition-by-gardner-and-anderson/

More information

SUPREME COURT OF THE UNITED STATES

SUPREME COURT OF THE UNITED STATES Cite as: 556 U. S. (2009) 1 NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of

More information

NOT RECOMMENDED FOR FULL TEXT PUBLICATION File Name: 06a0071n.06 Filed: January 26, No

NOT RECOMMENDED FOR FULL TEXT PUBLICATION File Name: 06a0071n.06 Filed: January 26, No NOT RECOMMENDED FOR FULL TEXT PUBLICATION File Name: 06a0071n.06 Filed: January 26, 2006 No. 04-3431 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT UNITED STATES OF AMERICA, ) ) Plaintiff-Appellee,

More information