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Case Summaries

Criminal Law & Procedure

[08/20] US v. Branch
Conviction and sentence for drug- and firearm-related offenses is affirmed where: 1) there was no question that the police were allowed to detain defendant after witnessing him commit a traffic violation; and 2) during this detention the police formed a "reasonable suspicion" of ongoing criminal activity that justified extension of the traffic stop; and 3) defendant's other claims were without merit.

[08/20] US v. Garey
In a case involving unsuccessful attempts to extort money by threatening to bomb various buildings in the state, conviction for multiple felony counts is affirmed where: 1) defendant's waiver of his Sixth Amendment right to counsel was knowing and voluntary; and 2) the trial court did not err by allowing defendant to represent himself at trial.

[08/20] Jones v. Walker
Denial of a petition for writ of habeas corpus from a conviction for felony murder and cruelty to a child is affirmed where petitioner failed to meet his burden of proving the waiver to his Sixth Amendment to counsel was unknowing.

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Habeas Corpus

[08/20] Bond v. Beard
In a capital-murder case, denial of petition for habeas relief as to defendant's conviction, and grant of relief as to his death sentence, are affirmed where: 1) defendant's Batson claim had been fully considered and properly rejected by state courts; 2) prosecutor's Bruton violations, in which he identified defendant as the party named in a co-defendant's confession, were harmless error; 3) jury instructions were proper; but 4) defendant's counsel for the penalty phase performed inadequately by failing to investigate fully defendant's background and mental health, and defendant was prejudiced by this failure.

[08/19] Stoltie v. Tilton
The circuit court affirms the district court's decision, and adopts its opinion in Stoltie v. California, 501 F. Supp.2d 1252 (C.D. Cal. 2007), except for one section as to which it expresses no view, where: 1) the state appellate court misunderstood the confused and confusing explanation of reasonable doubt provided to the jury by the trial judge; and 2) this error led it to apply clearly established Supreme Court law regarding reasonable doubt in an unreasonable manner.

[08/18] Malone v. Walls
In a first-degree murder case, denial of habeas relief is reversed and remanded where: 1) an ineffective assistance of counsel claim was not procedurally defaulted; 2) counsel's failure to call a potentially exculpatory witness at trial was prejudicial; and 3) a remand was necessary to determine whether counsel's cumulative errors constituted ineffective assistance.

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