United States v. Paul Johnson Jr

United States v. Paul Johnson, Jr., No. 16-15690 (April 16, 2019), EN BANC The Court held that a police officer did not exceed the scope of a permissible Terry frisk by reaching into the defendant’s pocket and seizing ammunition and a holster after feeling the bullet during the frisk. Under the totality of circumstances, going…

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United States v. Diosme Hano and Reinaldo Arrastia-Cardoso

United States v. Diosme Hano and Reinaldo Arrastia-Cardoso, No. 18-10510 (April 30, 2019) The Court affirmed the defendants’ convictions and sentences, holding that 1) the statute of limitations did not bar prosecution since subsequent DNA testing implicated the defendant, 2) a non-testifying co-defendant’s hearsay statements implicating the defendant were admissible as non-testimonial since the co-defendant…

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Michael Wade Nance v. Warden, Georgia Diagnostic Prison

Michael Wade Nance v. Warden, Georgia Diagnostic Prison, No. 17-15361 (April 30, 2019) Reviewing a petitioner’s § 2254 motion, the Court held that the state court’s rejection of petitioner’s ineffective claim was objectively reasonable since trial counsel’s decision to refrain from presenting certain mitigation evidence at death penalty sentencing was a strategic decision. The Court…

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United States v. Bechir Delva, Dan Kenny Delva,

United States v. Bechir Delva and Dan Kenny Delva, No. 16-12947 (April 29, 2019) The Court affirmed the defendants’ convictions, holding, among other things, that there was probable cause to justify warrantless search of the defendant’s vehicle where officers could tie the vehicle to identity fraud, the defendant’s repeated use of an access device to…

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Stony Lester v. United States

Stony Lester v. United States, No. 18-10523 (April 29, 2019), Denial of Rehearing En Banc The Court denied the petitioner’s request for a rehearing en banc, leaving in place the rule in In re Griffin that provisions of the Sentencing Guidelines cannot be challenged as void-for-vagueness and that the Supreme Court’s rule in Johnson is…

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