DEFENSE LINK MONTHLY NEWSLETTER FOR CJA PANEL ATTORNEYS LEIGH M. SKIPPER, CHIEF FEDERAL DEFENDER APRIL 2015 INSIDE THIS ISSUE

Similar documents
DEFENSE LINK MONTHLY NEWSLETTER FOR CJA PANEL ATTORNEYS LEIGH M. SKIPPER, CHIEF FEDERAL DEFENDER NOVEMBER 2014 INSIDE THIS ISSUE

DEFENSE LINK MONTHLY NEWSLETTER FOR CJA PANEL ATTORNEYS. Johnson Update LEIGH M. SKIPPER, CHIEF FEDERAL DEFENDER DECEMBER 2017 INSIDE THIS ISSUE

USA v. Michael Wright

DEFENSE LINK MONTHLY NEWSLETTER FOR CJA PANEL ATTORNEYS LEIGH M. SKIPPER, CHIEF FEDERAL DEFENDER MARCH 2017 INSIDE THIS ISSUE

DEFENSE LINK MONTHLY NEWSLETTER FOR CJA PANEL ATTORNEYS LEIGH M. SKIPPER, CHIEF FEDERAL DEFENDER MARCH Clemency Project 2014

USA v. Michael Wright

RECENT THIRD CIRCUIT AND SUPREME COURT CASES

THE SUPREME COURT OF NEW HAMPSHIRE THE STATE OF NEW HAMPSHIRE JONATHAN BALL. Argued: June 13, 2012 Opinion Issued: September 28, 2012

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT.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

Follow this and additional works at:

May Jacob Schuman Research & Writing Specialist Federal Community Defender Office, E.D. Pa.

I. Introduction. fact that most people carry a cell phone, there has been relatively little litigation deciding

OFFICE OF THE FEDERAL PUBLIC DEFENDER EASTERN DISTRICT OF NORTH CAROLINA U.S. SUPREME COURT CRIMINAL LAW UPDATE

Human Rights Defense Center

Top 10 Tips for Responding to Search Warrants: Before, During, and After

Crisis Management Initial Response Checklist

Follow this and additional works at:

Supreme Court of the United States

THE FEDERAL CORNER. Tim (The Magician) Henry Gets an Unbelievable Result In a Child Pornography Case You Won t Believe It!

Case , Document 90, 08/14/2014, , Page1 of United States Court of Appeals FOR THE SECOND CIRCUIT. Docket No.

Best Practice: Evidence Storage and Destruction

The Process. Ten federal disqualifiers United States Code Section 922. State Law defines state disqualifiers Florida Statute 790.

USA v. Devlon Saunders

It s the End of the World as We Know It And I Feel Fine: Hudson, Herring, and the Future of the Exclusionary Rule. Jamesa J. Drake

LINDY & TAUBER Attorneys at Law

Follow this and additional works at:

In the United States District Court For the Northern District of Ohio

Class Actions. Unconscionable Consumer Class Action Waivers And The Federal Arbitration Act MEALEY S LITIGATION REPORT

Case 1:10-cr RDB Document 75 Filed 03/15/11 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

RECENT THIRD CIRCUIT AND SUPREME COURT CASES

: No Disciplinary Docket No. 3. No. 39 DB : Attorney Registration No : (Philadelphia) ORDER

JUNE 2002 Federal Defender Newsletter

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Case 1:14-cr SS Document 50 Filed 06/17/15 Page 1 of 7. UNITED STATES DISTRICT COURI Western District of Texas AUSTIN DIVISION

AUDIT COMMITTEE CHARTER OF THE AUDIT COMMITTEE OF THE BOARD OF DIRECTORS

Privacy: An Abbreviated Outline of Federal Statutes Governing Wiretapping and Electronic Eavesdropping

GREENWOOD HALL, INC.

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

Petitioner and Cross-Respondent, Respondent and Cross-Petitioner. In the Supreme Court of the United States UNITED STATES, DAVID ELLIS,

THE ABC S OF CO AND ACCA FEDERAL PUBLIC DEFENDER CJA PANEL SEMINAR DECEMBER 15, 2017

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

USA v. Shakira Williams

Supreme Court of the United States

Case 1:11-cr GAO Document 65 Filed 08/22/13 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs February 16, 2005

USA v. Enrique Saldana

UNITED STATES COURT OF APPEALS ORDER AND JUDGMENT * Defendant Christopher Scott Pulsifer was convicted of possession of marijuana

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

IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO

Protecting the Privilege When the Government Executes a Search Warrant

PRE-TRIAL COORDINATION PROTOCOL ADULT CHARGES

STATE OF MICHIGAN COURT OF APPEALS

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Amendment to the Sentencing Guidelines

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT CHATTANOOGA ) ) ) ) ) ) ) ) ) MEMORANDUM OPINION

UNITED STATES AIR FORCE COURT OF CRIMINAL APPEALS

No. 1D On appeal from the Circuit Court for Clay County. John H. Skinner, Judge. September 14, 2018

Defending a Federal Criminal Case: Detention & Release. Lunchtime CLE April 3, 2015 Laine Cardarella Federal Defender, WDMO

Now in our 25th Year. Trusted Experts on Political Compliance Laws & Required Reporting YEARS.

An Introduction. to the. Federal Public Defender s Office. for the Districts of. South Dakota and North Dakota

AUDIT COMMITTEE CHARTER

UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. No

The Cooper Companies, Inc. Audit Committee Charter

Muse B. v. Upper Darby Sch Dist

Case 5:16-cr XR Document 52 Filed 08/30/17 Page 1 of 10

MICHAEL DONNELL WARD OPINION BY v. Record Number JUSTICE G. STEVEN AGEE January 12, 2007 COMMONWEALTH OF VIRGINIA

DISCLOSURE CONTROLS AND PROCEDURES OF CLARCOR INC. These Disclosure Controls and Procedures have been designed with the objective of ensuring that:

The Law Society of British Columbia In the matter of the Legal Profession Act, SBC 1998, c.9 and a hearing concerning. Clayton Bruce Williams

When a State Felony is not A Federal Felony. Carachuri-Rosendo v. Holder

CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - OMNIBUS AMENDMENTS Act of Nov. 29, 2006, P.L. 1567, No. 178 Cl. 18

Respect Your Universe, Inc. (Exact name of registrant as specified in its charter)

EXPRESS SCRIPTS HOLDING COMPANY AUDIT COMMITTEE CHARTER. Adopted December 14, 2011, as amended as of September 7, 2016

Privacy Policy. This Privacy Policy sets out the Law Society's policies in relation to the management of Personal Information.

SEIZURE Effective Date: May 9, 2005

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE April 16, 2013 Session

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

United States Court of Appeals

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

IN THE SUPREME COURT OF THE STATE OF FLORIDA. v. Case No. 5D02-503

Excerpts from NC Defender Manual on Third-Party Discovery

Federal Rule of Evidence 408 and Criminal Cases

CASE NO. 1D James T. Miller, and Laura Nezami, Jacksonville, for Appellant.

UNITED STATES COURT OF APPEALS ORDER AND JUDGMENT * Richard Montgomery appeals the district court s denial of his motion for a new

No IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SUPPLEMENTAL BRIEF FOR THE UNITED STATES AS APPELLEE

4B1.1 GUIDELINES MANUAL November 1, 2014

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C FORM 10 Q/A. Amendment No. 1

on significant health issues pertaining to their products, and of encouraging the

Fraud. Original Implementation: January 28, 1997 Last Revision: November 2, 2015 INTRODUCTION

ELECTRONIC SURVEILLANCE. Attacking Insider Trading and Other White Collar Cases Built on Evidence From Government Wiretaps: The Nuts and Bolts

ALIBABA GROUP HOLDING LIMITED AUDIT COMMITTEE OF THE BOARD OF DIRECTORS CHARTER. (Adopted on September 2, 2014 by the Board of Directors)

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009 HOUSE BILL 1403 RATIFIED BILL

CRIMINAL JUSTICE, THE COURTS AND CORRECTIONS / PUBLIC SAFETY AND JUSTICE

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM v. Case No. 5D

Follow this and additional works at:

SEAN J. KEALY CLINICAL ASSOCIATE PROFESSOR OF LAW BOSTON UNIVERSITY SCHOOL OF LAW BOSTON, MA (617)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN. In re: Two accounts stored at Google, Case No. 17-M-1235 MEMORANDUM AND ORDER

Audit Committee Charter Tyson Foods, Inc.

CRIMINAL INVESTIGATIONS AND TECHNOLOGY: PROTECTING DATA AND RIGHTS

On Writ of Certiorari to the Supreme Court of the United States

IN THE SUPREME COURT OF FLORIDA. v. Case No. 93,784 RESPONDENT'S MERITS BRIEF

Transcription:

DEFENSE LINK MONTHLY NEWSLETTER FOR CJA PANEL ATTORNEYS LEIGH M. SKIPPER, CHIEF FEDERAL DEFENDER APRIL 2015 INSIDE THIS ISSUE FBI Mishandles Evidence Page 1 Recent Third Circuit and Supreme Court Cases Page 3 The 24 th Annual Maureen Kearney Rowley CJA Panel Training Seminar On Friday, May 1, 2015, the Federal Community Defender Office and the United States District Court for the EDPA will host The 24 th Annual Maureen Kearney Rowley CJA Panel Training Seminar for CJA Panel members, Federal Defenders, and other federal criminal defense practitioners. FBI Tells Prosecutors That Bureau s Mishandling of Evidence May Require Disclosure to Defendants by Leslie H. Jones-Collins, Paralegal, Trial Unit Beset by problems is how an internal investigation report characterized the FBI s evidence collection and retention system. As a result, the FBI is alerting prosecutors around the country to inform defense teams of errors in evidence handling, as reported by the New York Times last December in an article titled, F.B.I. Evidence is Often Mishandled, an Internal Inquiry Finds. The agency was concerned that failure to do so could lead to evidence being inadmissible or acquittals, since lawyers can use even minor record-keeping discrepancies to get evidence thrown out of court. According to the report obtained by the New York Times, most of the mistakes appeared to stem from the FBI s transition from a paper-based case system to the Sentinel computer system in 2012. FBI chief spokesman Michael Kortan stated, The FBI identified issues primarily related to the migration of its earlier record-keeping process to its updated case management system. The Bureau believed that Sentinel would streamline investigations and make it easier for analysts and agents to link cases with similar information through expanded search capabilities. To ensure proper registration, please submit registration form and fee in advance to Jennifer Nimmons Herman. FBI MISHANDLES EVIDENCE CONTINUED ON PAGE 2 Editors Jennifer Nimmons Herman Attorney Advisor Kimberly Campoli Paralegal/Panel Administrator Federal Community Defender Office for the Eastern District of PA Helen Marino, First Assistant Federal Defender Nina Carpiniello Spizer, Chief, Trial Unit Elizabeth Toplin, Assistant Chief, Trial Unit Brett Sweitzer, Chief of Appeals

APRIL 2015 PAGE 2 However, with respect to more serious errors, such as those involving the disappearance of evidence, auditors wrote that a majority of the errors identified were due, in large part, to human error, attributable to a lack of training and program management oversight. The New York Times reports that based on a review of more than 41,000 pieces of evidence scrutinized by auditors, there were errors with almost half of them. The mistakes identified ranged from computer glitches to 1,600 pieces of evidence being removed from storage and not returned for several months by agents. In fact, in one case involving drugs, the evidence had been signed out for more than a decade. Beyond evidence being mishandled and mislabeled, or going missing, the internal audit also found that FBI evidence lockers contained less money and valuables than documented. The Bureau also had two tons of drugs that weren t reflected in its records. Indeed, audit results from Newark, Honolulu, Milwaukee, Washington and Richmond, Virginia, revealed that more than 70 percent of the firearms in evidence in those offices had been mishandled. Given the importance of FBI evidence in criminal investigations, as well the potential complications the findings of the probe might have on future prosecutions, the agency s chief spokesperson said the FBI would start strengthening procedures in field offices across the country to improve administrative consistency and record-keeping, as a consequence of the internal inquiry. Practitioners should keep this New York Times article in mind when facing evidence challenges. To read, F.B.I. Evidence is Often Mishandled, and Internal Inquiry Finds, in full, click link http://www.nytimes.com/2014/12/20/us/politics/fbi-evidence-keeping-criticized.html.

APRIL 2015 PAGE 3 Recent Third Circuit and Supreme Court Cases Christofer Bates, RWA, EDPA Supreme Court Sarbanes-Oxley Act / Destruction of Tangible Object to Obstruct a Federal Investigation Yates v. United States, 135 S. Ct. 1074 (2015). Jeffrey M. Lindy, Esquire CJA Panel Representative Eastern District of PA Please contact Jeff Lindy with any CJA issues, comments, or concerns: Lindy & Tauber 1221 Locust Street Third Floor Philadelphia, PA 19107 (215) 575-0702 jlindy@lindylawfirm.com (1) A tangible object, within the meaning of the Sarbanes- Oxley Act s anti-shredding provision, 18 U.S.C. 1519, covers objects that one can use to record or preserve information. (2) Disposal of an undersized fish did not involve the destruction of a tangible object for purposes of criminal liability under 18 U.S.C. 1519. Electronic Monitoring of Sex Offenders / Fourth Amendment / Searches Grady v. North Carolina, --- S. Ct. ---, 2015 U.S. LEXIS 2124 (Mar. 30, 2015) A state conducts a search when it attaches a device to a person s body, without consent, for the purpose of tracking that individual s movements, whether the monitoring is civil or criminal in nature. Grady had previously been ordered by a state court to submit to satellite-based monitoring as a recidivist sex offender. The Supreme Court remanded this case to the North Carolina courts to determine whether the monitoring was a reasonable search. RECENT 3d CIR CASES CONTINUED ON PAGE 4

APRIL 2015 PAGE 4 Cert. Granted Conspiracy to Commit Extortion PAGE 5 Ocasio v. United States, No. 14-361 (Cert. Granted Mar. 2, 2015). ISSUE: NOTE: Whether a conspiracy to commit Hobbs Act extortion requires that the conspirators agree to obtain property from someone outside the conspiracy. It appears only the Fourth and Sixth Circuits have considered this issue. Third Circuit Facially Invalid Search Warrant / Exclusionary Rule / Officer Culpability United States v. Wright, 777 F.3d 635 (3d Cir. 2015). The agent in this case violated the Fourth Amendment s particularity requirement by executing a search warrant for Wright s home that lacked the list of items to be searched for and seized. That list was in a probable cause affidavit presented to, and approved by, the magistrate, but was removed before execution and placed under seal to protect an ongoing investigation. However, the Third Circuit held that the agent s conduct did not warrant suppression of the evidence because it did not rise to the level of gross negligence. The Third Circuit has synthesized the Supreme Court s opinions in United States v. Leon, 468 U.S. 897 (1984) and Herring v. United States, 555 U.S. 135 (2009), explaining that when a warrant is so facially deficient that it fails to particularize the things to be seized, the officers are usually at least grossly negligent and cannot rely on the good faith exception to save the search. However, this is not a categorical rule. The district court must evaluate the totality of the circumstances and consider any defects in the warrant, as well as the officer s conduct in obtaining and executing the warrant and what the officer knew or should have known. The court should also consider the extent to which the violation undermined the purposes of the Fourth Amendment and what the government gained from the violation, which are both relevant to the deterrence rationale underlying the exclusionary rule. The Third Circuit defined gross negligence as the lack of even scant care and the failure to exercise even that care which a careless person would use. RECENT 3d CIR CASES CONTINUED ON PAGE 5

APRIL 2015 PAGE 5 The Fourth Amendment s particularity requirement provides written assurance that the magistrate judge actually found probable cause to search for and seize every item mentioned, prohibits general searches, and informs the subject of the search of the lawful authority of the executing officers and the limits on their power to search. The search here was properly supervised by the case agent, who assured that the other officers confined their search in accordance with the warrant s limits. Second, it was clear the magistrate judge found probable cause as to each item to be searched for and seized, because when the warrant was approved, the affidavit was attached and incorporated a detailed list of items to be searched for and seized. Although the third purpose of the particularity requirement was undercut by the agents actions, the Court explained it is unclear how Wright was harmed by his inability to read the list of items the agents sought to search for and seize. Thus, the government gained nothing from this Fourth Amendment violation. The Third Circuit noted that only if mistakes like this one recur with some frequency will a defendant be in a position to argue that suppression is warranted.

DEFENSE LINK APRIL 2015 PAGE 5 Leigh M. Skipper, Chief Federal Defender Helen Marino, First Assistant Federal Defender Nina Carpiniello Spizer, Chief, Trial Unit Elizabeth Toplin, Assistant Chief, Trial Unit Brett Sweitzer, Chief of Appeals Federal Community Defender Office For the Eastern District of Pennsylvania Suite 540 West The Curtis Center 601 Walnut Street Philadelphia, PA 19106 Phone (215) 928-1100 Contact Jennifer Nimmons Herman if you have a new email address, office address, or telephone number, for any CJA Panel related questions, or if you wish to withdraw from the CJA Panel for the EDPA. Jennifer_N_Herman@fd.org WANT MORE? VISIT OUR WEBSITE AT HTTP://PAE.FD.ORG AND THE THIRD CIRCUIT BLOG AT WWW.CIRCUIT3.BLOGSPOT.COM RECENT 3d CIR CASES CONTINUED ON PAGE 8