No new cases.


Tenth Circuit

United States v. Allen, No. 06-6111 (10th Cir., May 31, 2007) (Published):  Federal Sentencing Guidelines; Reasonableness:  This is an oddball case arising out of the Western District of Oklahoma.  Allen plead guilty to a mundane count of Possession of Methamphetamine with Intent to Distribute.  The statute sets the punishment range for this crime at 10-life.  Judge Thompson sentenced Allen to 360 months which was more than two-and-a-half times the top end of the Guidelines range(!)  Why did the court feel the need to impose such a harsh sentence?  Well, because it seems Allen has a fixation on kidnapping, torturing, raping, and murdering young girls.  This information came out during the investigation of Allen when he met a stripper in Oklahoma City.  The stripper became alarmed at his fantasies and informed the police, but the only thing they could actually get him on was the drug charge.  The circuit vacated the sentence and remanded for re-sentencing, holding:  "In a case involving a variance of this magnitude, we hold that, whatever latitude a sentencing court may have to adjust a defendant's sentence in an exercise of Booker discretion, it may not discard the advisory Guideline range and impose a sentence, instead, on the basis of evidence of the defendant's uncharged, unrelated misconduct, whether actually committed or contemplated for the future."   


United States Supreme Court

No new cases.


Other Cases of Note

United States v. Kayser, No. 06-50178 (9th Cir., May 31, 2007):  1) Taxes; 2) Jury Instructions; Defense Requested Instructions:  A conviction for tax evasion is reversed where the district court erred in declining to instruct the jury on defendant's theory of defense.  The defendant had wanted an instruction on his defense that certain deductions he initially reported on his corporate tax return in 2000 should be applied to eliminate the deficiency on his personal return for that year.  The panel held that, because the requested jury instruction was supported by law and had sufficient foundation in the evidence, it was reversible error for the court to deny it.

Van Hook v. Anderson, No. 03-4207 (6th Cir., May 24, 2007) (en banc):  Interrogations/Fifth Amendment:  Supreme Court precedent holds that, once a suspect asks for a lawyer, the police must cease questioning until either a lawyer is provided or the suspect himself initiates further discussion with the police.  What if the police talk to the mother of the suspect and she tells them that the suspect wishes to speak to them?  Can the police go back to the suspect and initiate a discussion without counsel?  In this fractured, en banc, opinion the Sixth Circuit holds that the police can indeed approach the suspect under those circumstances.
    

Victories

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



JOHN W. COYLE, III, and JOHN W. "BILLY" COYLE, IV, OKC, won a motion to suppress last week before Judge Elliot in Oklahoma County.  Billy argued the motion before Judge Elliot on Tuesday, May 29, 2007, and Cindy Truong represented the State.  At the conclusion of argument the court ruled the motion is SUSTAINED!  The motion involved a drug case and search and seizure issues.  Apparently, the police had a whole bunch of information about drug activity occurring at a business.  Unfortunately, there were no facts in the affidavit indicating any connection to drug activity at a residence which, of course, is where the police searched.  A copy of the motion can be found HERE.  Terrific win for JW and Billy! 


Hearsay

JUSTICE SCALIA'S DAUGHTER GETS PROBATION:  Ann S. Banaszewski, 45, of Wheaton, Illinois, copped a plea to DUI.  She is the daughter of Supreme Court Justice Antonin Scalia, who has nine children.

WHEN WORLD'S COLLIDE:  This is a poignant piece from the American Chronicle detailing the tragedy of Jessica Lunsford, 9, who was killed by a homeless sex offender in Florida, and its repercussions.  In the wake of her death, Jessica's father, Mark Lunsford, fueled his rage by demanding harsh treatment for sex offenders and state legislatures responded.  It seems that, in a cruel twist of fate, Marks 18-year-old son, Joshua D. Lunsford, has been having sex (consensual) with his 14-year-old girlfriend in Ohio and now faces criminal prosecution geared toward the same sex predators that victimized Jessica.

MICROCHIP IMPLANTS?:  This is a chilling blurb that says legislation in Oklahoma that would authorize microchip implants in persons convicted of violent crimes was sent back to a committee.  Let's hope it stays there.


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


THURSDAY, JUNE 7, 2007:  Criminal Defense:  Pre-Trial Success.  This program will be held at The Embassy Suites Hotel, 1815 South Meridian, Oklahoma City, OK  73108, phone 405.682.6000.  It is presented by National Business Institute (NBI) and you can register on-line at www.nbi-sems.com.  Tuition is $309 and you can get 7.0 hours of CLE with 1.0 hour of ethics included.  Speakers include:  John W. Coyle, III, Gloyd L. McCoy, W. Devin Resides, Tracy Schumacher, and Steven Stice.

THURSDAY, JUNE 28, 2007 & FRIDAY, JUNE 29, 2007:  The Patrick A. Williams Criminal Defense Institute.  This high quality CLE is sponsored by the University of Oklahoma College of Continuing Education and will be held at The Marriott in OKC.  I am scheduled to deliver the Court of Criminal Appeals Update on Thursday.  Contact Susan Dubbs in Norman at 1.800.522.0772 x.2891, or at 405.325.3386 or at sdubbs@ou.edu for more information.



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