JAIRO FERINO SANCHEZ v. JEFFERSON B. SESSIONS III
US Court of Appeals for the Fourth Circuit, Motz, March 27, 2018,
Immigration – Exclusionary Rule- Evidence from an illegal search or seizure by Local or State Law-Enforcement will not be excluded from a civil immigration hearing unless the violation is “egregious”
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CARLO J. MARINELLO, II v. UNITED STATES
Supreme Court of the United States, Breyer, March 21, 2018,
IRS Interference – Federal Law prohibiting obstruction of an IRS investigation “corruptly or by force or threats of force” does not apply to lies or misrepresentations on a tax return before an investigation has begun
(Dissent- Thomas with Alito – the statute doesn’t require an ongoing investigation; should apply to corrupt action with regard to any IRS activity)
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CARLOS MANUEL AYESTAS v. LORIE DAVIS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE
Supreme Court of the United States, Alito, March 21, 2018,
Habeas Investigation – Federal law requires that an indigent defendant seeking to set aside a death sentence receive funding for a lawyer, investigative services, or expert testimony as long as it is “reasonably necessary.”
UNITED STATES OF AMERICA v. TAISON MCCOLLUM
US Court of Appeals for the Fourth Circuit, Duncan, March 20, 2018,
USSG – Conspiracy to Murder to assist Racketeering is not a Crime of Violence under the US Sentencing Guidelines
(SHARP Dissent – Wilkinson – “The majority has ignored plain Guidelines text, its own prior precedent, and elementary common sense… Heaven help us.”)
(Concur – Traxler – “The dissent ends with the dramatic lament, “Heaven help us.” Frankly, I would be satisfied if Congress or the Supreme Court would help us.”)
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PEDRO JOSUE JIMENEZ-CEDILLO v. JEFFERSON B. SESSIONS III
US Court of Appeals for the Fourth Circuit, Harris, March 20, 2018,
INS – When the Board of Immigration Appeals changed its mind about whether statutory rape qualified as a crime of “moral turpitude,” it had to explain why
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NIYA KENNY v. ALAN WILSON
US Court of Appeals for the Fourth Circuit, Diaz, March 15, 2018,
Standing – Students previously arrested for violating South Carolina disorderly conduct laws had standing to sue based on a likelihood of being arrested again under the laws as well as chilling of free speech in order to avoid arrest
TREY SIMS v. KENNETH E. LABOWITZ
US Court of Appeals for the Fourth Circuit, Keenan, Initial issue Dec. 5, 2017, Re-Issued March 14, 2018,
Qualified Immunity – A detective was not entitled to qualified immunity where he had a juvenile masturbate in front of three officers in order to photograph the juvenile’s erect penis pursuant to a search warrant
(Dissent – King – The detective obtained two search warrants and was acting at the direction of a prosecutor. Therefore he should be entitled to qualified immunity. Qualified immunity should also apply to the Child Pornography claim)
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UNITED STATES OF AMERICA v. KAYLAN JAY BELL
US Court of Appeals for the Fourth Circuit, Traxler, March 12, 2018,
Sexually Dangerous Person – Civil Commitment – An individual does not need to successfully engage in a “hands-on child molestation offense” in order to be considered a sexually dangerous person
UNITED STATES OF AMERICA v. JUNAIDU SALJAN SAVAGE, a/k/a James Kamara
US Court of Appeals for the Fourth Circuit, Floyd, March 12, 2018,
Discovery – A defendant cannot force a trial judge to conduct an in camera Jencks Act review of prosecutor’s notes on the basis of speculation that because some inconsistent witness statements were turned over that there must be more inconsistencies in the notes.
UNITED STATES OF AMERICA v. ADRIAN DEMOND HYMAN
US Court of Appeals for the Fourth Circuit, Agee, March 9, 2018,
Appeal- An appeal filed late need not be heard even if the motion to dismiss the appeal was also filed belatedly
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