No new cases.


Tenth Circuit

United States v. Collins, No. 07-7018 (10th Cir., January 4, 2008) (Published):  Federal Sentencing Guidelines; Acceptance of Responsibility:  Collins was charged with Possession of Five Grams or More of Cocaine Base w/Intent and Possession of Marijuana w/Intent.  He offered to plead guilty to simple possession, but the Government rejected his offer so he went to trial where he admitted simple possession.  He should receive a reduction in offense level for acceptance of responsibility, right?  Uh, no.  The panel noted that Collins lied to the police initially about the drugs in his car and also consulted with counsel before offering to plead guilty.  This is another horrible decision that defies common sense.  The legal lesson is that the circuit will look to conduct during the commission of the crime for "acceptance of responsibility" in addition to pre-trial behavior.

United States v. Romero, No. 07-1298 (10th Cir., January 4, 2008) (Published):  Concurrent/Consecutive Sentences:  Romero received a split federal sentence in a drug case which included 5 years of supervised release.  He was released in 2001 and, unfortunately, caught more drug charges in state court for which he plead guilty and was sentenced to state prison time.  Clearly, his new crimes would result in revocation of his supervised release time in the federal case.  As a result, the United States Probation Department placed a detainer on Romero which will result in him being delivered to the U.S. Marshals upon his discharge of the state prison time.  Romero filed a motion in his federal case for a hearing on whether the revocation of his federal time will run concurrently with his state time.  The District Court denied the motion as premature.  The panel recognized that an early determination might be beneficial to Romero, but nevertheless found no error in the District Court's decision.  AFFIRMED.    
 

United States Supreme Court

No new cases.

The New York Times reported last Friday that the Court has granted certiorari in the Louisiana case where a repeat child rapist was sentenced to death.  Not really a surprise, but until the Court actually decides to hear a case, you never know.


Other Cases of Note

State v. Jackson, No. A05-247 (Minn., December 6, 2007):  Searches and Seizures; Search Warrants; Night:  Interesting case where police secured a warrant authorizing nighttime execution and thereafter executed the warrant at Jackson's home at night.  The court held that the affidavit for the warrant was insufficient to justify a nighttime search and therefore the evidence must be suppressed.  The court stated:  "[W]e conclude that the search of a home at night is a factor to be considered in determining whether a search is reasonable under the Fourth Amendment.  We further conclude that in order to be constitutionally reasonable, nighttime searches require additional justification beyond the probable cause required for a daytime search."
 

Victories

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


None reported.



Hearsay

TEXAS DNA EXONERATION:  This time it came after Charles Chatman, a black man, had already served 27 years in prison for raping a white woman (who identified him in court as her attacker).     

  


                    ------LEGAL CALENDAR------

TUESDAY, JANUARY 8, 2008:  OIDS is sponsoring a seminar from 11:00 a.m. to 3:00 p.m. (note the time change) in Room 104 of the State Capitol Building.  The seminar will focus on the use of the ABA Guidelines in capital cases and the importance of mitigation evidence.  Presenters include Robin Maher, Director of the Death Penalty Representation Project, and Russ Stetler, an experience capital case litigator.  OIDS is in the process of obtaining CLE approval.  You can obtain the registration form HERE.

TUESDAY, JANUARY 8, 2008:  The death penalty case of Littlejohn v. State will be argued at the Court of Criminal Appeals at 10:00 a.m.  Defense counsel is David Autry.  If you have an argument coming up or just want to see a good lawyer argue a case before the Court, this would be a good one to see.

WEDNESDAY, JANUARY 23, 2008:  OCU School of Law will host a reception for the Judges of the Tenth Circuit from 6:00 p.m. to 6:30 p.m. at the Skirvin Hotel in downtown OKC.   



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