Friday, June 15, 2012

Fwd: Criminal Law Summaries Distributed June 15, 2012



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From: Justia Practice Area Opinion Summaries <notifications@justia.info>
Date: June 15, 2012 9:07:38 AM EDT
To: Victor Cuvo <vacuvo@yahoo.com>
Subject: Criminal Law Summaries Distributed June 15, 2012
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Weekly Opinion Summaries

Criminal Law

Weekly Summaries Distributed June 15, 2012
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Matthews v. United States

Court: U.S. 2nd Circuit Court of Appeals

Docket: 10-611 Opinion Date: June 14, 2012

Judge: Kearse

Areas of Law: Constitutional Law, Criminal Law

Petitioner appealed from the district court's denial of his motion under 28 U.S.C. 2255 to vacate his conviction or correct his sentence on the principal grounds that he was denied effective assistance of trial counsel and appellate counsel, and (2) from the denial of his motion for reconsideration. The court vacated so much of the July 2009 Order as summarily rejected petitioner's biased-investigator ineffective assistance of counsel claim and remanded to the district court for further proceedings on this claim, including such proceedings as could be necessary for the court to determine whether to appoint counsel to represent petitioner in connection with this claim. The court declined to address petitioner's remaining issues.

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United States v. D'Amelio

Court: U.S. 2nd Circuit Court of Appeals

Docket: 09-2541 Opinion Date: June 13, 2012

Judge: Hall

Areas of Law: Constitutional Law, Criminal Law

The government appealed from the district court's decision vacating defendant's conviction of one count of attempted enticement of a minor and grant of his motion for a new trial under Fed. R. Crim. P. 33. The government argued that the district court erred because the deviation between the text of the indictment and the jury charge neither affected the "core criminality" proven at trial nor modified an "essential element" of the crime, nor did it leave defendant open to be charged again for the same offense. The court agreed with the government's contentions and therefore reversed the district court's decision and remanded for further proceedings.

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The Real Truth About Abortion, Inc. v. Federal Election Commission

Court: U.S. 4th Circuit Court of Appeals

Docket: 11-1760 Opinion Date: June 12, 2012

Judge: Niemeyer

Areas of Law: Constitutional Law, Criminal Law, Non-Profit Corporations

Plaintiff, a Virginia non-profit corporation organized under section 527 of the Internal Revenue Code, commenced this action against the Commission and the Department of Justice, contending that it was "chilled" from posting information about then-Senator Obama because of the vagueness of a Commission regulation and a Commission policy relating to whether plaintiff had to make disclosures or was a "political committee." Plaintiff asserted that it was not subject to regulation but feared the Commission could take steps to regulate it because of the vagueness of 11 C.F.R. 100.22(b) and the policy of the Commission to determine whether an organization was a political action committee by applying the "major purpose" test on a case-by-case basis. Plaintiff alleged that the regulation and policy were unconstitutionally broad and vague, both facially and as applied to it, in violation of the First and Fifth Amendments. The court applied the "exacting scrutiny" standard applicable to disclosure provisions and affirmed the district court's finding that both the regulation and the policy were constitutional.

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United States v. Scallon

Court: U.S. 5th Circuit Court of Appeals

Docket: 11-40236 Opinion Date: June 12, 2012

Judge: Per curiam

Areas of Law: Constitutional Law, Criminal Law

Defendant pleaded guilty, pursuant to a written agreement, to possession of material involving the sexual exploitation of a minor. At issue was whether the denial of defendant's motion under 18 U.S.C. 3583(e)(2) to modify the terms of supervised release imposed as part of the original sentence fell within the scope of defendant's waiver, as part of his plea agreement, of his right to appeal his conviction and sentence and to contest his sentence in any post-conviction proceeding. The court held that it did where defendant's appeal from the denial of his motion fell within the scope of a broadly-worded appeal and therefore, dismissed the appeal.

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United States v. Triplett, Jr.

Court: U.S. 5th Circuit Court of Appeals

Docket: 11-60277 Opinion Date:<
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