Showing posts from 2015

Judge White: TN definition of "habitation" may make Aggravated Burglary non-generic

Habeas Law: How to Count to Two

Jury Need Not Be Instructed on Regulatory Violations

Managing property is not the same as managing the enterprise

What Is Relevant Conduct in a Child Pornography Case?

Pre- and post-Miranda confessions take center stage

Week of September 8-11

Objections to facts in the PSR: this is not just a child porn case

State restoration of rights does NOT restore federal gun rights

Evading arrest not a predicate for ACCA

Summons Is Not "Intervening Arrest" for Career-Offender Purposes

"Legal Mail" to Correctional Facility Includes Mail From Prospective Attorney

Crimes of Violence Determined Under Shepard

Insufficient Evidence: Failing to Connect the Defendant with the Crime

Rule 12 Claims Now Reviewable for Plain Error

A bumper crop of opinions

No reasonable suspicion BUT consent saved the day!!

Intent to Threaten? An Update

Residual Clause of Career Offender Enhancement Void for Vagueness

Using Access Devices: the Sentencing Challenge

The plea agreement that wasn't

Internet Threats—A Time Machine Reflection

And thus began the limiting of Rodriguez v. United States

Limiting the "Private Search Doctrine" for Computers

The Right to Parent and Restrictions on Associating with Minors

Cell Phone Search Warrants

Duplicity and Unanimity Instructions

Determining Competency

Too white to strike? Reverse-Batson rears its head

If the government doesn't like a ruling by the district court, they need to appeal

Arson, Duplicity, and the Mail

Welcome To Your New Home. The Previous Occupant Committed Crime--We're Here to Search!

Is leniency "substantively unreasonable"?

Limiting 404(b) evidence, one unpublished opinion at a time

Sixth rules 922(g)(4) unconstitutional

New Child Porn decision with varying opinions