SEX OFFENDER REGISTRATION: Legislative intent for SVORA to apply retroactively to Federal Court adjudication of juvenile sex [Read more…]
Sentencing, sex offender registration
SENTENCING: Facial challenge to condition of supervised release that Defendant register as sex offender “if required by law” [Read more…]
Sentencing, prison beating death defendant
SENTENCING: Prison beating death Defendant had fair notice that aiding & abetting deliberate homicide would subject him to death penalty in Montana despite no specific statutory [Read more…]
Sentencing, child porn enhancement, docket
SENTENCING: Maryland docket sheet entries sufficient proof that Maryland “child abuse” conviction involved sexual conduct predicate for child pornography sentencing [Read more…]
RCRA, officer v. corporation liability
RCRA: Officer liable along with corporation for improper hazardous waste disposal… conviction affirmed… Lovell affirmed (unpublished). [Read more…]
Sentencing, crack cocaine, Guidelines amendment
SENTENCING: Crack cocaine defendant who received full benefit of departure from mandatory minimum ineligible for resentencing under Guidelines amendment… Lovell affirmed. [Read more…]
Sentencing, school employee theft, abuse of trust
SENTENCING: Abuse of trust excessive factor in 15 months for theft from school district, contrary to directions on remand from 16-months sentence… remanded for resentencing by different judge… Haddon [Read more…]
Child pornography, “directed” download, admission
CHILD PORNOGRAPHY: Interrogation answers properly found voluntary, not result of Tylenol III or coercion… sufficient evidence of receipt/possession of child porn downloaded by retarded man at Defendant’s direction… Lovell affirmed. [Read more…]
Child pornography, sentencing enhancement
CHILD PORNOGRAPHY: Admissions in sex offender registration documents constituted sufficient proof that Maryland sex abuse conviction was qualifying predicate for sentencing enhancement… Lovell [Read more…]