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Criminal Law & Procedure

[03/11] Stanley v. Schriro
In a capital habeas matter, a denial of the petition is affirmed in part where defense counsel's performance did not prejudice petitioner during the guilt phase of his trial. However, denial of the petition is reversed in part where trial counsel rendered ineffective assistance during the penalty phase of trial by failing to investigate and present readily available mitigating evidence and that failure was prejudicial.

[03/11] Tijani v. Holder
Petition for review of the BIA's denial of petitioner's asylum application is granted in part where the court was required to remand to the BIA to address the questions of whether petitioner would be in danger of persecution on account of his religion or would be entitled to other relief. However, the petition is denied in part where petitioner's credit card fraud in violation of Cal. Penal Code section 532a(1) constituted a crime of moral turpitude.

[03/11] US v. Dodd
Defendant's sentence for knowingly receiving and possessing child pornography is affirmed where: 1) absent concrete evidence of ignorance -- evidence that was needed because ignorance was entirely counterintuitive -- a fact-finder could reasonably infer that the defendant knowingly employed a file sharing program for its intended purpose; and 2) the district court committed no procedural error in determining defendant's advisory guidelines sentencing range.

[03/11] US v. Akens
Defendant's drug and firearm possession conviction are affirmed where: 1) defendant's prior Missouri conviction was a sufficient predicate for his 18 U.S.C. section 922(g)(1) conviction, despite its expungement; 2) defendant was not entitled to a Franks hearing because he did not make a substantial preliminary showing; and 3) defendant knowingly and voluntarily waived his rights to appeal the firearm enhancement and the career offender status in exchange for a 140-month sentence.

[03/11] US v. Shuler
Defendants' sentences for child pornography-related offenses are affirmed where: 1) the district court's explicit statement that "the ultimate sentence of 470 months would be the same even without the four-level increase for sadistic images and other depictions of violence" cured any procedural error; and 2) even if defendant was ignorant of a hidden camera, the tape recorded on the camera was ample evidence defendant enticed the minor victim to produce child pornography.

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