Kisela v. Hughes

ANDREW KISELA v. AMY HUGHES
Supreme Court of the United States, Per Curiam, April 2, 2018,
Qualified Immunity – Excessive Force – An officer was entitled to qualified immunity where no clearly established law at the time required officers to refrain from using deadly force against a woman who was armed with a large knife; was within striking distance of the victim; ignored the officers’ orders to drop the weapon; and the situation unfolded in less than a minute.

(Dissent – Sotomayor with Ginsburg – I think my feelings should override existing precedent and need no expert to point out the fallacy in my opinion that someone with a knife at her side is not dangerous)
Continue reading

Adnan Syed v. State

ADNAN SYED v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Woodward, March 29, 2018,
IAC – Trial counsel is ineffective where they are given specific information about an alibi witness and fail to contact that witness

(Dissent – Graeff – The trial attorney already had the information she needed to make a decision, so not ineffective to confirm what she already knew)

Continue reading

US v. Gerald Wheeler

UNITED STATES OF AMERICA v. GERALD ADRIAN WHEELER
US Court of Appeals for the Fourth Circuit, Thacker, March 28, 2018,
Habeas Corpus – A prisoner may properly file a writ of habeas corpus if a retroactive change in the law, occurring after the time for direct appeal and the filing of his first habeas motion, meant that his mandatory minimum sentence was improperly increased and he now has no other way to correct the problem.
Continue reading

US v. Mark Landersman

UNITED STATES OF AMERICA v. MARK STUART LANDERSMAN
US Court of Appeals for the Fourth Circuit, Thacker, March 28, 2018,
Unlawful conversion of government funds – The fact that faulty suppressors were priced in line with functional suppressors nevertheless constituted fraud when obtained in violation of Navy procurement regulations to enrich the brother of a Navy official

Continue reading