Andrews v. State, 2007 OK CR 30 (July 31, 2007):  Search and Seizure; Search Warrants; Sufficiency:  Andrews was tried in Beckham County at a bench trial before Judge Charles L. Goodwin.  The only issue in the case was the validity of the search warrant for Andrews' home which was based upon an anonymous tip.  The Court held that the warrant was valid, primarily based upon the corroborating investigation conducted by the police to confirm the information provided by the anonymous tipster. 


Tenth Circuit

United States v. Chavez-Calderon, No. 06-2313 (10th Cir., July 30, 2007) (Published):  Federal Sentencing Guidelines; Reasonableness:  Chavez-Calderon pleaded guilty to illegal re-entry and was sentenced to 57-months (at the low end of the Guideline range).  The panel found no plain error in the District Court's explanation of the 3553 factors; and no error at all in the District Court's consideration of prior domestic violence convictions.

United States v. Carrasco-Salazar, No. 06-2311 (10th Cir., July 30, 2007) (Published):  Federal Sentencing Guidelines; Crime of Violence:  This is another guilty plea to illegal re-entry in which Carrasco-Salazar was sentenced to 70-months.  AFFIRMED over his claim that Fourth Degree Criminal Sexual Conduct in Minnesota does not constitute a crime of violence and that it was error for the District Court to consider the underlying court documents related to that charge.  The panel noted the difference between waiver and forfeiture of a claim (since it was not preserved below).  Forfeiting a claim will still get an accused plain error review; waiver of a claim will not.  The panel addressed this claim as one of abandonment (since counsel told the District Court that the defendant no longer disputed the PSR) and held that an abandoned objection is waived.

United States v. Cortez-Galaviz, No. 06-4230 (10th Cir., July 31, 2007) (Published):  Searches and Seizures; Traffic Stops:  Traffic stop held valid based upon officer's use of a computer terminal indicating that the insurance on the vehicle was "not found."  NOTE:  The cops were staking out a duplex to look for drug activity and Cortez-Galaviz was one of the subjects noticed by the DEA and other officers.  Thus, this is yet another example of a traffic stop that was clearly a ruse to look for drugs and the panel allows it.

United States v. Arrevalo-Olvera, No. 06-2291 (10th Cir., July 31, 2007) (Published):  Federal Sentencing Guidelines; Reasonableness:  This appears to be the first post-Rita case out of the circuit.  The  panel re-affirmed the circuit rule that just because the District Court concludes that a within-the-Guidelines sentence is reasonable, it must still consider the 3553 factors and consider a sentence outside the range.  However, in this case, the error was harmless.  Judge Holloway dissented and would have remanded for re-sentencing.

United States v. Ruiz-Rodriguez, No. 06-2184 (10th Cir., August 1, 2007) (Published):  Federal Sentencing Guidelines; Crime of Violence:  Yet another illegal re-entry case, but this one is reversed and remanded for re-sentencing because the prior offense used to enhance, False Imprisonment under Nebraska law, is not a crime of violence.  NOTE:  The panel also noted the difference between "crime of violence" in the context of enhancing sentences in this context versus enhancing sentences for career offenders (the definition for the career offender enhancement is broad).

United States v. Tom, No. 05-2347 (10th Cir., August 1, 2007) (Published):  Federal Sentencing Guidelines; Acceptance of Responsibility:  Government appeal where the District Court erred in granting acceptance of responsibility in a case where Tom challenged the element of intent in the death of his son.  The jury acquitted Tom of First-Degree Murder but convicted him of Second-Degree Murder on an aiding and abetting theory (Tom was only 18-years-old when his 15-year-old girlfriend killed their newborn on an Indian reservation). 
 

United States Supreme Court

CHIEF JUSTICE HOSPITALIZED:  Chief Justice John Roberts suffered a seizure last Monday at his summer in Maine.  He fell and sustained minor injuries.  Justice Roberts was hospitalized overnight.   


Other Cases of Note

United States v. Johnson, No. 06-1001 (8th Cir., July 30, 2007):  Death Penalty; Federal:  Lengthy federal death penalty opinion affirmed in the end, but partial relief granted on a multiplicity claim arising from convictions for Murder While Engaging in a Conspiracy and convictions for Murder While Working in Furtherance of a CCE.    
 

Victories

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


None to report.  :((


Hearsay

TRAGEDY IN NOBLE:  The Oklahoman reported on Sunday, August 5, 2007, that police in Noble, Oklahoma, responded to a call about a snake on someone's back porch.  The cops ended up shooting the snake, but second bullet apparently killed a five-year-old boy who was fishing nearby.  An incredibly sad story.

NEW FEDERAL JUDGE:  Oklahoma City attorney Timothy D. DeGuisti was confirmed by the Senate last Friday to take the bench as a judge in the Western District.

JUVENILE PLACEMENT:  There is an issue of whether the court retains post-conviction jurisdiction on the placement of juveniles and it has come to a head in a case out of McIntosh County.  It will be interesting to where this leads.


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

THURSDAY & FRIDAY, AUGUST 23 & 24, 2007:  Criminal Defense in the Death Belt III, presented by the OCDLA.  This one is good for 14 hours of CLE (including 1 ethics) and has some good names on the roster including:  David Smith, Gary James, David Autry, Cindy Viol, Janet Chesley, Dick Burr, David Lane (out of Colorado speaking on the wildly successful "Colorado Method" of capital jury selection), and Danalynn Recer (speaking on the representation of foreign nationals).  Cost is $125 for OCDLA Members, $160 for non-Members, and $100 for public defenders.  The Registration form is linked above.  If you have questions contact Brandon Pointer at 405.239.2595.



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