Bussey — appeal dismissed as barred by prior appeals
Case Arthur Bussey v. The State Court Court of Appeals of the State of Georgia Judge Not specified Date Decided
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Constitutional
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United States v. Mitchell — Fifth Circuit upheld felon-in-possession conviction based on attempted disarming of an officer
Case United States of America v. Maurice Mitchell Court U.S. Court of Appeals for the Fifth Circuit Judge Duncan; Oldham;
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United States v. McIver — Third Circuit allows two assault counts against congresswoman to proceed
The Third Circuit held that the Speech or Debate Clause does not bar two federal assault counts based on alleged physical acts by Rep. LaMonica McIver, while remanding a broader third count for additional analysis.
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State v. Hart — Court denied inmate’s writ seeking free court documents
Case State of Louisiana v. Benjamin J. Hart Court Louisiana Court of Appeal, First Circuit Judge McClendon, C.J.; Hester, J.;
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Hollowell v. State — Court upholds DNA warrant and cold-case convictions
The Indiana Court of Appeals upheld a DNA warrant, rejected a mistrial claim, and found circumstantial evidence sufficient to prove breaking in a 2003 cold case.
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United States v. Aguilera — preserving legal challenges cannot defeat sentencing credit
The Ninth Circuit affirmed a felon-in-possession conviction but vacated the sentence because protected legal challenges were used against acceptance credit.
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T.L.W. v. State — Juvenile probation revocation does not trigger double jeopardy bar to escape adjudication
The court affirmed. Juvenile-probation revocation determines whether the young person violated conditions of an existing disposition; it is not a prosecution imposing punishment for a new offense. Like adult probation revocation, it therefore does not place the probationer in jeopardy for the alleged conduct and does not prevent a later delinquency adjudication based on that conduct.
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Brown v. State — Court affirms capital-murder conviction and death sentence in officer killing
The Court of Criminal Appeals affirmed the conviction. Its lengthy opinion rejected Brown’s asserted errors after reviewing the circumstances of the operation, the shooting, the proof of Brown’s knowledge and intent, and the trial court’s challenged rulings. The court concluded that none of the preserved issues required reversal and found no plain error adversely affecting Brown’s substantial rights.
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Hatfield v. State — Evidence linking probationer only to accident scene cannot sustain revocation
The Court of Criminal Appeals reversed. Although some nonhearsay evidence connected Hatfield to the vehicle or scene, none connected him to the criminal conduct itself. The crucial identification link depended on hearsay. Alabama’s revocation standard is less demanding than proof beyond a reasonable doubt, but a finding still cannot rest solely on hearsay evidence.
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Austin v. State — Double jeopardy requires vacating firearm conviction tied to capital murder
The Court of Criminal Appeals affirmed the capital-murder and first-degree-assault convictions and their sentences. It concluded, however, that the conviction for discharging a firearm into an occupied vehicle violated double-jeopardy principles because the proven act underlying that offense was also used to establish the charged form of capital murder.
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Wallace v. State — Hearsay alone cannot support community-corrections revocation
The Court of Criminal Appeals reversed. The deputy’s account relayed statements made by other people and did not provide nonhearsay proof that Wallace committed domestic violence. Evidence establishing surrounding circumstances or explaining the investigation was not enough unless some admissible evidence connected Wallace to the alleged violation itself.
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Walker v. State — Convictions affirmed, illegal sentences remanded
The Wyoming Supreme Court held that witness intimidation is a specific-intent conduct offense, affirmed Walker’s convictions, and remanded to correct illegal misdemeanor sentences.
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United States v. Birry — Third Circuit upheld traffic-stop questioning and a consent search
Case United States of America v. Christopher Essameddin Birry, a/k/a Christopher Essam Birry Court U.S. Court of Appeals for the
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Mason v. Macomber — Counsel’s Guilt Concession Violated Defendant’s Right to Maintain Innocence
The Ninth Circuit held that defense counsel violated a California defendant’s autonomy by conceding the conduct underlying a criminal-threats charge despite his insistence on innocence.
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Davis v. State — Court affirms felony-murder conviction and 77-year sentence
The Indiana Court of Appeals affirmed a felony-murder conviction, rejecting Batson, causation, abandonment, and Appellate Rule 7(B) challenges.
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Garcia-Rodriguez v. State — Counsel’s speedy-trial error requires post-conviction relief
The Indiana Court of Appeals ordered post-conviction relief because counsel’s failure to support a Criminal Rule 4(B) motion cost the defendant mandatory dismissal.
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People v. Dumbrava — newly discovered evidence permitted a second large-capacity-magazine prosecution
The Fourth District allowed a second magazine-importation prosecution because a later-discovered purchase receipt supplied essential proof unavailable despite due diligence.
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Cuadra — Witness misconduct did not justify dismissal of assault charge
The Court of Appeals reversed. Although evidence supported some findings about the witnesses’ conduct, the supported findings did not show a flagrant constitutional violation that irreparably prejudiced Cuadra’s preparation of his defense with no available remedy other than dismissal. The case was remanded for further proceedings that may include a new trial; a concurrence emphasized the availability of lesser sanctions such as a mistrial.
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State v. Hickman — Iowa appeals court dismisses challenge to misdemeanor guilty plea
Case State of Iowa v. Rueben Lee Hickman Court Iowa Court of Appeals Judge Buller, P.J.; Langholz, J.; Bower, S.J.
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Commonwealth v. Perez — Supreme Court vacates capital PCRA new-trial order
The Pennsylvania Supreme Court ruled that impeachment-related errors involving a jailhouse informant did not undermine confidence in a capital verdict and vacated an order granting a new trial.
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Commonwealth v. Wilson — Supreme Court limits overdose-response immunity after an independent inventory search
The Pennsylvania Supreme Court held that an inventory search conducted after an overdose victim entered paramedics’ care was independent of the emergency call and fell outside statutory medical-amnesty protection.
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Herzog v. State — Court upholds revocation based on later conviction
The Indiana Court of Appeals held that a probation petition identifying a new criminal case gave adequate notice when that case later produced the conviction used to revoke probation.
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M.W. v. Superior Court — Amnesia Alone Does Not Establish Juvenile Incompetence
The First District held that a juvenile’s amnesia did not establish incompetence where he otherwise understood the proceedings and could assist counsel.
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State v. Baranyi — Affirmed four concurrent sentences of 46 years to life for murders committed at age 17
Case State of Washington v. Alex Kevin Baranyi Court Washington Court of Appeals, Division One Judge Bowman, A.C.J. Date Decided