CHILD SEX OFFENSES convictions affirmed over challenge to Allen instructions, denial of access to victim records, 30-year sentence… Watters affirmed (memorandum). [Read more…]
Kidnap/interstate sex abuse, convictions affirmed
KIDNAP/INTERSTATE SEX ABUSE convictions affirmed… Watters affirmed. [Read more…]
Kidnap of Indian, excited utterance hearsay exception
INDIAN KIDNAP conviction affirmed over excited utterance hearsay exception challenge… Watters affirmed (memorandum). [Read more…]
Assault on Officer v. PTSD shooting at souls of Iraqis
ASSAULT ON OFFICER: Convictions relating to shootout with officers affirmed over Defendant’s claim that he thought he was shooting at souls of 5 people he had killed in Iraq… Watters affirmed (memorandum). [Read more…]
Harboring fugitive, warrantless search of home
HARBORING FUGITIVE: Challenge to warrantless search of home where fugitive was found in crawlspace properly rejected. . . failure to inquire into potential conflict of Federal Defenders office representing Defendant and fugitive for several days requires remand for hearing as to an “actual conflict”. . . Morris affirmed, reversed (memorandum). [Read more…]
Sentencing, felony reclassified as misdemeanor
SENTENCING: Further reduction due to prior drug felony being reclassified as misdemeanor in California properly denied… Lovell affirmed (unpublished). [Read more…]
Aggravated sex abuse, minor girls
AGGRAVATED SEX ABUSE: Sufficient evidence to convict Defendant of rape years earlier when girls were 12 or 13… bill of particulars properly denied following disclosure of entire file… Morris affirmed (unpublished). [Read more…]
Conspiracy to defraud US, instructions
CONSPIRACY TO DEFRAUD US: Failure to instruct on “deceitful or dishonest means” harmless error as there was strong evidence of deceitful or dishonest means… Caldwell (9th Cir. 1993) per se prejudice overruled in light of Neder (US 1999)… conviction on 27 counts affirmed… Morris affirmed. [Read more…]