Almost half the year has gone by and COCA has produced only nine opinions for publication.  Interesting.

Vilandre v. State, 2005 OK CR 9:  Manufacturing conviction affirmed over several claims, but the Court apparently chose to publish this one to resolve conflicting statutes concerning the preservation of evidence in these types of cases.  Prior to trial, the State destroyed the glassware and other materials used in the manufacturing process and Vilandre raised the destruction of evidence as a claim on appeal, arguing that he was unable to test it independently for fingerprints.  The Court held that there was no right under the statute for preservation of these materials, only the controlled dangerous substance itself.  The Court recognized that a defendant may have a constitutional preservation claim but held that Vilandre did not show bad faith on the part of the State.  Looks like the lesson from this case is to file immediately a motion to preserve the evidence and make sure you give the OSBI notice.  Still, I think if the OSBI destroys the evidence anyway, a showing of bad faith may be impossible to prove under Illinois v. Fisher.


Tenth Circuit

United States v. Jarvison, No. 04-2093 (10th Cir., May 23, 2005) (Published):  Interlocutory appeal by the Government regarding the spousal privilege.  The charge was child sexual abuse and the Government sought to compel the testimony of the Defendant's wife, claiming that there was not a valid marriage and if there was a valid marriage, then an exception should apply in child abuse cases.  The Circuit affirmed the District Court's order that the Government could not compel the testimony and refused to carve out the requested exception.


United States Supreme Court

Deck v. Missouri, No. 04-5293 (May 23, 2005):  Straightforward opinion holding that, in a capital murder case, the State may not visibly shackle the Defendant during the penalty phase absent specific and compelling reasons related to the Defendant's case (i.e., security).  Justice Thomas, joined by Scalia, delivered an inspired dissent that could serve as a treatise on the history of shackling defendants in criminal trials.

Medellin v. Dretke, No. 04-5928 (May 23, 2005) (per curiam):  Case in which the Court had granted certiorari to decide the extent to which federal courts must comply with the decisions of the International Court of Justice in imposing Vienna Convention right-to-counsel provisions in American capital cases involving foreign nationals; BUT, in this opinion, the Court dismissed the certiorari grant as improvidently granted because of an intervening Memorandum from Pres. Bush that compels the United States to "give effect" to the decisions of the ICJ in these cases and because Medellin had filed a post-conviction petition in the Texas state courts.  The majority held that the Court could reconsider the issues after the Texas state courts get a crack at it.  The four dissenters would not dismiss the case, but rather stay the proceedings and remand to the Fifth Circuit.


Other Cases of Note

Henry v. Poole, No. 03-2884 (2nd Cir., May 24, 2005):  Denial of habeas reversed on IAC grounds when trial counsel emphasized a "demonstrably fallacious" alibi defense--he apparently got the date wrong.  This is one of those cases where the crime happened around midnight when the date changed and the defense alibi witness gave the alibi for the wrong day.


Victories

"Send lawyers, guns and money, the shit has hit the fan."
--Warren Zevon, "Lawyers, Guns and Money" (song) (1978)

I was not made aware of any local victory stories last week, but I read where a jury acquitted David Rosen in California on Friday, May 27, 2005.  Rosen is the former national finance director for Sen. Hillary Rodham Clinton's Senate campaign.  The Government accused Rosen of making false statements to the Federal Election Commission about the cost of a "star-studded gala" attended by celebrities such as Cher, Melissa Etheridge, Toni Braxton, Diana Ross, Brad Pitt, and Jennifer Aniston. 


Hearsay

CLE:  The Bar is presenting a CLE titled, "Federal Criminal Practice" on June 2 (OKC) and June 3 (TULSA).  Looks like a good one to attend if you do any federal practice at all.

CLE:  The Patrick A. Williams Criminal Defense Institute, the granddaddy of them all, will be held on Thursday, June 23 and Friday, June 24, 2005, at the Cox Convention Center in OKC.  If you attend just one CLE this year, this is the one.

TRIBUTE:  Not just any tribute, mind you, but a Weird tribute to President Bush, VP Cheney, and Defense Sec. Rumsfeld.  Two former entomologists from Cornell University, in what they claimed was a show of respect, named three new species of beetles that feed on slime mold after the President, the VP, and the Sec. of Defense:  the Agathidium bushi are found in Ohio, Virginia and North Carolina; and the cheneyi and rumsfeldi are native to Mexico. 



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