NOTE:  I was out of town last week and did not check the unpubs.  I will check them out on Monday (today) and update any keepers.  COCA still is lagging on publishing cases this year, with the only published action last week the Rules change below.----ed. 


In re:  Revision of Portion of the Rules of the Court of Criminal Appeals of the State of Oklahoma:  This change revises Rule 2.1(E) governing Appeals out of Time.  The changes seem to be technical in nature, e.g., re-naming the District Court the "trial court," mandating that the P.C. petition must be attached to the Petition, etc.


Tenth Circuit

United States v. Buonocore, No. 03-4201 (10th Cir., July 18, 2005) (Published):  Very interesting case where the District Court expressed a general policy against accepting Alford/nolo pleas and rejected the plea in this case as such.  The Circuit held that such a general policy was not an abuse of discretion and was permissible.  Also, the Circuit found no plain error under Booker in sentencing.

United States v. Morrison, No. 04-4174 (10th Cir., July 19, 2005) (Published):  Instructive discussion of the issue of whether the Government can administer involuntarily anti-psychotic medication for the purpose of rendering a defendant competent to stand trial.  The District Court entered such an order but the Circuit remanded with instructions for the District Court to consider whether administration of such medication could be ordered for a purpose other than for the defendant to stand trial, e.g., for the defendant's safety or for the safety of others.

United States v. Nielson, No. 04-3424 (10th Cir., July 21, 2005) (Published):  Solid winner on the issue of the failure of the police to knock and announce when executing a search warrant.  The District Court below suppressed and the Government appealed to the Circuit which affirmed.  Excellent discussion of "knock-and-announce" cases and added bonus of refusing to apply Leon because the reliance by the cops on the warrant was not objectively reasonable (mere allegation of the presence of firearms is not enough to circumvent the knock-and-announce requirement).

United States v. Ringer, No. 03-5148 (10th Cir., July 18, 2005) (Unpublished):  Another case where the Circuit remands to the District Court for an evidentiary hearing on an IAC claim.

United States v. Summers, No. 04-2121 (10th Cir., July 21, 2005) (Published):  Reversal of bank robbery and conspiracy convictions on sufficiency of the evidence grounds; but interesting discussion of confrontation issues and what constitutes testimonial statements under Crawford.  The Circuit established the following test:  "Thus we hold that a statement is testimonial if a reasonable person in the position of the declarant would objectively foresee that his statement might be used in the investigation or prosecution of a crime."  The statement in this case met this test, but was declared harmless.

United States v. Wilson, No. 03-5207 (10th Cir., July 21, 2005) (Published):  Mail fraud and tax evasion convictions affirmed over technical issues involving Guidelines calculations and no plain error under Booker.


United States Supreme Court

No cases reported.


Other Cases of Note

Laird v. Horn, No. 01-9012 (3rd Cir., July 19, 2005):  State capital death sentences and convictions reversed in habeas based upon accomplice liability instructions given during the first stage.  Note:  no AEDPA deference here because the state courts did not address the issue in the first instance.

In Re Hearn, No. 04-10245 (5th Cir., July 6, 2005):  The Fifth Circuit enters a stay of execution and allows death row inmate a lawyer to prepare an application to seek a successive habeas petition based upon an Atkins claim.

United States v. Barnett, No. 04-3646 (7th Cir., July 18, 2005):  The Circuit approves a blanket waiver of Fourth Amendment rights as a condition of probation.  Interesting analysis as the Circuit applies contract principles to this issue and Judge Posner uses the word, "chimerical."

United States v. Mendoza-Larios, No. 04-3070 (8th Cir., July 22, 2005):  Solid winner on sufficiency of the evidence grounds where the defendants were arrested driving a car that contained drugs stashed into a welded compartment behind the air bag.  Merely driving the car with drugs in it is not enough--there must be some evidence of knowledge of the presence of the drugs in order to convict.

United States v. Jackson, No. 04-3021 (D.C. Cir., July 22, 2005):  Search winner where cops did not have a legal basis to search the trunk of a car after a traffic stop for a malfunctioning tag light.  Note:  Judge Roberts, the putative Supreme Court nominee, dissented.


Victories

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

CINDY DAWSON & JAMES WALTERS, McIntosh County, have apparently scored a very big win in a traffic stop/suppression case.  I have not interviewed either of them and report this based on an e-mail post on the OCDLA listserv by Brian Morton.  The case involved a traffic stop by OHP that ran the typical route of a stop for speeding, the trooper handing back the documents, and then asking more questions.  But this time the driver says, "No," in response to the trooper's request to search(!)  Trooper detains driver and passenger for 50 minutes anyway until drug dog arrives and alerts.  PH magistrate suppresses, State appeals via Rule 6, and Judge Claver, out of Okmulgee County, affirms.  I don't know if the State will continue the appeals process, but tremendous victory!  If anyone has more details, forward them to me and I will add them next week. 


Hearsay