News
[03/12]
Guard to be disciplined for Newark airport breach
[03/12]
Maine man acquitted in 'lobster wars' trial
[03/12]
Accused lottery killer indicted by Fla. grand jury
[03/12]
NYPD: Bar beating suspect in custody
[03/12]
Judge says ex-wife can testify in NJ incest case
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Articles
When Miranda Warnings Are Required
Most Americans probably recognize the Miranda warnings when they hear them: “You have the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to an attorney, and if you can’t afford one, one will be appointed for you.” These well-worn turns of phrase are now taken for granted as an integral part of any arrest, and many would claim to “know their rights” simply because they can rattle off the list of Miranda warnings. But when are Miranda warnings really a requirement, and what rights do the warnings protect?
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Can the Police Legally Stop Me, Even if I Have Done Nothing Wrong?
The answer is yes. It is not against the law for one person to stop another in the street and ask him or her questions, and the same rules apply to police officers. They can approach you, ask you questions and even ask to search your belongings.
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Case Summaries
[03/12]
US v. McMillan
Defendant's wire and mail fraud convictions and sentences are affirmed where: 1) the superseding indictment did not broaden the charges against the defendants; 2) Cleveland's requirement that the object of the fraud be actual money or property in the hands of the victim was satisfied; 3) the district court gave an immediate curative instruction, in response to objections during the prosecutor's closing remarks, that the government bore the burden of proof and the defendants need not testify or prove anything; and 4) the district court did not clearly err by finding that defendants' business would have suffered catastrophic losses had it been closed rather then permitted to continue in operation and that the amount of loss attributable solely to the defendants could not be reasonably calculated.
[03/12]
US v. Jackson
Conviction of defendant for being a felon in possession of a firearm and sentence to 120 months' imprisonment are affirmed where: 1) the officer had a reasonable basis for believing that defendant's mother had the authority to consent to the search of his computer and the computer case; 2) district court properly concluded that the officer did not exceed the scope of the mother's consent; 3) the district court did not err in denying defendant's request to raise an "innocent possession" defense; and 4) district court appropriately rejected defendant's section 5K2.11 argument and imposed a sentence that was reasonable.
[03/12]
US v. Sykes
Conviction of defendant for being a felon in possession of a firearm and an enhanced sentence under the Armed Career Criminla Act (ACCA) are affirmed as fleeing from police in a vehicle in violation of Ind. Code section 35-44-3-3(b)(1)(A) is sufficiently similar to ACCA's enumerated crimes in kind, as well as the degree of risk posed, and counts as a violent felony under the ACCA.
[03/12]
Gray v. Hardy
In defendant's petition for habeas relief from his conviction for first-degree murder and sentence to an extended-term based on a finding that the murder was exceptionally brutal of heinous, denial of the petition is affirmed as defendant procedurally defaulted each of his claims and even if he adequately preserved his claim of ineffective assistance of counsel for federal review, he cannot show that counsel's failure to raise Apprendi error caused him prejudice.
[03/11]
US v. Mejia
Defendant's conviction and sentence for conspiring to distribute cocaine and possession of a firearm in furtherance of a drug crime are affirmed where: 1) district court did not err in denying defendant's motion to suppress his incriminating statements; 2) defendant's evidentiary claims are rejected as there was no abuse of discretion in admitting any of the evidence; and 3) district court did not abuse its discretion in denying defendant's motion for a new trial.
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