Criminal Law Reporter Index-Summary

ABA

ACCA

ACCOMPLICE LIABILITY

– Conspiracy

– First-degree murder conviction based on intended victim killing accomplice (Cal.), 86:241
– Restitution, accessory after the fact to murder, causation (4th Cir.), 86:338

AEDPA

See ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT (AEDPA)

ALABAMA

– County jailer, availability of state executive immunity (Ala.), 86:14
– Federal sentencing guidelines, downward variance for convicted public figures, reasonableness (11th Cir.), 86:16
– Habeas corpus, second or successive petitions, challenge to resentencing that could have been raised in earlier challenge to original sentencing (U.S., rev sought), 86:169
– Search warrants, particularity, warrant to search for “drugs” (U.S., rev sought), 86:198; (rev den), 86:221

ALASKA

– Drunk driving, delayed absorption evidence, due process (Alaska), 86:13

ALIENS AND CITIZENSHIP

– Alien living abroad, duty to appear in U.S. court to challenge indictment (7th Cir.), 86:350
– Guilty pleas, immigration consequences, affirmative misadvice, ineffective assistance (U.S., rev grant), 86:46; (oral arg), 86:119
– Illegal reentry, federal sentencing guidelines, criminal history calculation (5th Cir.), 86:246
– Immigration offenses, federal sentencing guidelines

– – Crime of violence, prior robbery conviction, use of force after taking (10th Cir.), 86:213
– – Prior conviction of drug trafficking offense (4th Cir.), 86:264

– Interrogations and confessions, delay in presentment, malfunctioning recording equipment (9th Cir.), 86:211
– Sentencing, judge's comments re corruption in alien defendant's homeland, fair trial (2d Cir.), 86:110
– Shielding illegal aliens, threshold quantum of aid (7th Cir.), 86:252

AMERICAN BAR ASSOCIATION (ABA)

– Capital punishment, ineffective assistance, prevailing professional norms, effect of ABA standards (rvs and rem), 86:176; text, 86:191; ABA chief comments, 86:220
– Conferences

See CONFERENCES AND MEETINGS

AMERICANS WITH DISABILITIES ACT (ADA)

– Deaf suspects, application to arrest and booking (U.S., rev den), 86:20

ANIMALS

– Freedom of speech, depictions of animal cruelty (U.S., rev grant), 86:46

ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT (AEDPA)

– Foreign terrorist organization designation (rev grant), 86:19

APPEALS

– Attorney-client privilege, order to produce protected material, right to immediate appeal (U.S., oral arg), 86:87; (judg aff), 86:283; text, 86:300
– Capital punishment, waiver of direct and collateral review, independent court review (La.), 86:135
– Death of defendant during appeal (Wash.), 86:183
– Federal sentencing guidelines, departures from guidelines, judge's consideration of whether sentence would survive appeal (8th Cir.), 86:139
– Guilty pleas

– – Ineffective assistance, bid to withdraw plea, certificate of probable cause (Cal.), 86:293
– – Interlocutory appeal of judge's rejection of sentence bargain (9th Cir.), 86:5

– Guilty pleas, appeal waivers, motion to reduce sentence after federal sentencing guidelines revision (5th Cir.), 86:361
– Habeas corpus, ineffective assistance of counsel, federal jurisdiction, D.C. collateral review law (D.C. Cir.), 86:262
– Military prosecutions, out-of-time filing (U.S., rev den), 86:114
– New trial motion, deference to fact-based rulings (9th Cir.), 86:208
– Sentencing

– – Judge's request for Bureau of Prisons mental health evaluation (6th Cir.), 86:136
– – Plain error, general objection to sentencing issue (6th Cir.), 86:296

– Testimonial statements, absence of contemporaneous objection to forensic report admission (Mass.), 86:184

APPOINTED COUNSEL

– Indigent defendants, public defenders, appointment by judge (Mo.), 86:352

ARIZONA

– Bad-faith conduct, shifting government attorneys' fees to defense counsel as sanction (Ariz. Ct. App.), 86:74; text of statute, 86:75
– Capital punishment, statute requiring IQ testing, expert review of prior results (Ariz. Ct. App.), 86:12
– Indictment, amendment that alters charge at start of trial, harmless error (Ariz.), 86:335
– State constitutional law, guilt phase jury of 8 (Ariz.), 86:360

ARMED CAREER CRIMINAL ACT (ACCA)

– Habeas corpus, retroactivity of Chambers v. U.S. (10th Cir.), 86:362

ARMED SERVICES

– Alien living abroad, duty to appear in U.S. court to challenge indictment (7th Cir.), 86:350
– Military prosecutions, out-of-time filing of appeal (U.S., rev den), 86:114

ARREST

– Probable cause, observation of surreptitious hand-to-hand exchange of unseen object (6th Cir.), 86:136
– Protesters, mass arrest for rioting (D.C. Cir.), 86:290
– Search and seizure

– – Inventory of arrestee belongings, standardized policy re locked containers (Mass. App. Ct.), 86:109
– – Noncommissioned police service aide lacking statutory authority (N.M.), 86:205

– Search incident to arrest

– – Consideration of officer subjective intent (Md.), 86:107
– – Exclusionary rule, inevitable discovery, unconstitutional search of arrested motorist's vehicle (9th Cir.), 86:244
– – Traffic stops, bad search, evidence, authority to order motorists to exit (4th Cir.), 86:353
– – Warrantless examination of rape suspect's genitals (Minn. Ct. App.), 86:15
– – Warrantless search of cell phone data (Ohio), 86:347

– Statutes of limitations, tolling, arrest warrant issued abroad (9th Cir.), 86:333

ARSON

– Federal jurisdiction, private properties targeted by federal funds (1st Cir.), 86:332

ASSAULT

– Evidence, other crimes, accused stalker assault of prior girlfriend (Vt.), 86:211
– Federal officers, common law assault (U.S., rev den), 86:23
– Gang assault, mens rea, lack of shared intent (N.Y.), 86:298
– Jury instructions, lesser-included offenses, federal officer (9th Cir.), 86:212
– Sentencing, restitution, reimbursement of Medicare for funds spent on victim (Pa.), 86:214
– Speedy trial, federal delay to allow state to prosecute first (3d Cir.), 86:354

ATTEMPT

– Homicide, speedy trial, federal delay to allow state to prosecute first (3d Cir.), 86:354

ATTORNEY-CLIENT PRIVILEGE

– Corporate waivers, pressure from prosecutors, 86:142
– Order to produce protected material, right to immediate appeal (U.S., oral arg), 86:87; (judg aff), 86:283; text, 86:300
– Stock option manipulation, CFO statements to outside counsel (9th Cir.), 86:3
– Waiver, scope, ineffective assistance claims

– – (10th Cir.), 86:186
– – (S.C.), 86:14

ATTORNEYS

– Appointed counsel

See APPOINTED COUNSEL

– Conflicts of interest

See CONFLICTS OF INTEREST

– Fees

See ATTORNEYS' FEES

– Inmate-lawyer communications, Manhattan defense lawyer conviction and sentence re assisting terrorist plots (2d Cir.), 86:236
– Privileged communications

See ATTORNEY-CLIENT PRIVILEGE

– Prosecutors

See PROSECUTORS

– Public defenders

See PUBLIC DEFENDERS

– Right to counsel

See RIGHT TO COUNSEL

ATTORNEYS' FEES

– Bad-faith conduct, shifting government fees to defense counsel as sanction (Ariz. Ct. App.), 86:74; text of statute, 86:75
– Conflicts of interest, corporate employees called as grand jury witnesses, third-party fee payment (N.J.), 86:330
– Forfeiture, award to successful claimant (8th Cir.), 86:257
– Money laundering proceeds, payment with (11th Cir.), 86:154
– Prisons and jails, PLRA cap, prisoner released after filing (2d Cir.), 86:255