Reputation.Resources.Results

During the chaotic moments of arrest some citizens struggle or ‘resist’ the efforts of police; however, what happens when multiple officers are involved in an arrest and the arrestee resists them all?   Do individual officers each constitute a separate charge of resisting arrest? In State v. Jurden, No. CR–15–0236–PR, 2016 WL 3600262, at ¶1 (Ariz. […]

In Hernandez-De La Cruz v Lynch, 819 F.3d 784 (5th Cir. April 26, 2016), the Fifth Circuit affirmed in part the denial of Hernandez-De La Cruz’s applications for withholding of removal under section 241(b)(3) of the Immigration and Nationality Act, which allows for withholding of removal if, “the applicant would face other serious harm in […]

Federal law prohibits certain categories of individuals from purchasing or possessing firearms. Some of these categories (felons, fugitives from justice) might be familiar to you. Others (individuals convicted of misdemeanor crimes of domestic violence, individuals subject to domestic violence restraining orders), may not be. On Monday, June 27, the United States Supreme Court, in Voisine […]

On Monday June 20, 2016 in Utah v. Strieff, 136 S.Ct. 1001 (Feb. 18, 2016) the United States Supreme Court held evidence will not be precluded when it is procured after a police stop, regardless of the stops legality, if the suspect has an outstanding warrant. In 2006, Officer Fackrell was watching a house for […]

Most criminal defense attorneys familiar with the landscape of federal criminal law have long been painfully aware that the term “crime of violence” crops up as a dark feature, repeatedly, unpleasantly, and often ominously throughout the Code and Guidelines. But now, with the recent advent of Johnson v. United States, and interpretive circuit opinions, the federal criminal defense landscape may be suddenly brightening, at least a little bit.

In a surprising unpublished decision the Board of Immigration Appeals, which handles administrative appeals from deportation orders, held that transportation of cocaine under California law is not an aggravated felony.

In a unanimous decision, Dobson et. al. v. McClennen (CV-14-0313-PR) issued Friday Nov. 20th, the Arizona Supreme Court (Bales, J.), held that persons driving after legally smoking medical marijuana are nevertheless “presumed to be under the influence” under Arizona law.

A rural Alabama judge is facing criticism, and an ethics complaint, for telling a courtroom full of defendants, many indigent, facing unpaid fines: “If you do not have any money and you don’t want to go to jail, consider giving blood today and give me back your receipt.”

In a landmark decision, Dimaya v. Lynch a divided panel, relying on recent U.S. Supreme Court precedent, held that burglary under California law is not a “crime of violence” for immigration purposes; moreover 18 USC §16(b) which provides the federal definition of “crime of violence” is unconstitutionally vague.

In an effort to reduce overcrowding and provide relief for drug offenders who received harsh sentences the Justice Department announced it will release 6,000 federal inmates early from prison between October 3 and November 2.