ARTHUR COLEMAN v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Battaglia, April 26, 2018,
Human Trafficking – It is illegal to “persuade or entice” a minor to leave her home to engage in prostitution even if she has worked as a prostitute previously
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UNITED STATES OF AMERICA v. JEFFREY BRIAN COHEN
U.S. Court of Appeals for the Fourth Circuit, King, April 25, 2018,
Sentencing – A defendant who receives a sentence below the un-enhanced total he could have received has not had his “substantial rights” affected if one of the sentence enhancements should not have applied.
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BRIAN GRIMM v. STATE OF MARYLAND
Court of Appeals of Maryland, Watts, April 20, 2018,
Standard of Review – K-9 Sniff – “A drug detection dog’s reliability is a factual question” and is reviewed by appellate courts for clear error.
(Concur – Adkins – A drug dog’s reliability should be reviewed without deference by an appellate court)
UNITED STATES OF AMERICA v. IREK ILGIZ HAMIDULLIN
US Court of Appeals for the Fourth Circuit, Floyd, April 18, 2018,
Terrorism – Combatant Immunity – Ex-Russian-Army-Officer turned Taliban was not protected by the Geneva Convention because he was not a “lawful combatant.”
JOSE LUIS RAMIREZ v. JEFFERSON B. SESSIONS III
US Court of Appeals for the Fourth Circuit, Gregory, April 17, 2018,
Immigration – Violation of Virginia’s obstruction of justice statute does not qualify as a “crime involving moral turpitude.”
MARION WILSON v. ERIC SELLERS
Supreme Court of the United States, Breyer, April 17, 2018,
AEDPA – In a federal habeas review of a state court conviction, where the last state court decision did not explain its reasoning, the habeas court should “look through” to the last state court that did explain its reasoning and start from the assumption that the higher court adopted that reasoning.
(Dissent – Gorsuch with Tomas and Alito – There is no “look-through” presumption. Fortunately, it’s only a presumption and not a mandate.)
JEFFERSON B. SESSIONS, III v. JAMES GARCIA DIMAYA
Supreme Court of the United States, Kagan, April 17, 2018,
Crime of Violence – The residual clause of the term “crime of violence” found in 18 USC 16 is unconstitutionally vague
(Concur in part – Gorsuch – Nothing reason to hold deportation to a higher standard of review. Also, WTF is Thomas thinking supporting the “Alien and Sedition Acts”?)
(Dissent – Thomas – If the “ordinary case” test causes a problem, why not just change it? Also, void for vagueness isn’t a due-process issue)
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UNITED STATES v. MICROSOFT CORPORATION
Supreme Court of the United States, Per Curiam, April 17, 2018,
Search Warrants – Required Disclosure of Communications – Case dismissed as moot given Congress action to clarify that Stored Communications Act orders such as warrant for electronic communications apply to providers “regardless of whether such communication, record, or other information is located within or outside of the United States.”
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JERRY HARRIS v. STATE OF MARYLAND
Court of Appeals of Maryland, McDonald, April 12, 2018,
Missing Witness – The Missing Witness instruction “should rarely – if ever” be given against a Defendant in a criminal case
(Concur and Dissent – Adkins – A mother is “peculiarly available” to her son, but reversible error in a close case where primary mentioned that the defendant requested an attorney)
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UNITED STATES OF AMERICA v. CAROLYN J. EDLIND
US Court of Appeals for the Fourth Circuit, Shedd, April 10, 2018,
Witness Tampering (Federal) – Encouraging a witness to tell the “truth” that you want them to tell can constitute witness tampering if that “truth” is actually misleading or a lie.
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