On April 20, 2020 the United States Supreme Court decided Ramos v. Louisiana, which held that a single juror's vote to acquit is enough to prevent a conviction. The Court held that this decision applies to all those whose convictions are not yet final, but declined to decide whether...
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The Supreme Court decided Bond v. United States (No. 12-158), addressing the use of a law implementing a chemical weapons treaty to prosecute a woman for attempting to poison her husband’s lover. The Court unanimously held that the federal prosecution was improper in this case. ...
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In Rodriguez, the question presented, as stated in the petition, is:
This Court has held that, during an otherwise lawful traffic stop, asking a driver to exit a
vehicle, conducting a drug sniff with a trained canine, or asking a few off-topic questions are “de minimis”...
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Tags: Attorney New Orleans, Cert granted in Rodriguez and Ohio v. Clark, Criminal Attorney, Criminal Attorney New Orleans, Criminal Defense Attorney New Orleans, Criminal Defense Lawyer New Orleans, Criminal Lawyer New Orleans, Federal Case Law Update, Federal Criminal Attorney New Orleans, New Orleans Criminal Lawyer, New Orleans Federal Criminal Attorney, New Orleans Federal Criminal Defense Lawyer, New Orleans Federal Criminal Lawyer, United States Supreme Court
In a memo dated September 24, 2014 - Guidance Regarding § 851 Enhancements in Plea Negotiations – Attorney General Eric Holder directed all federal prosecutors that such enhancements “should not be used in plea negotiations for the sole or predominant purpose of inducing a defendant to...
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Tags: Attorney New Orleans, Criminal Attorney New Orleans, Criminal Defense Attorney New Orleans, Criminal Defense Lawyer New Orleans, Criminal Lawyer New Orleans, Federal 851 sentencing enhancement, Federal Case Law Update, Government rethinks waiver of guilty pleas, New Orleans Crime News, New Orleans Federal Criminal Attorney, New Orleans Federal Criminal Defense Lawyer, New Orleans Federal Criminal Lawyer
The Sentencing Commission voted to retroactively apply its guideline amendment reducing the offense levels in the drug quantity table by two levels. The Commission’s decision includes a requirement that reduced sentences cannot take effect until November 1, 2015. Read the full text of the...
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Yesterday, the Supreme Court issued an opinion in Loughrin v. United States (No. 13-316), interpreting the provision of the federal bank fraud statute, 18 U.S. C. §1344(2), that prohibits a knowing scheme to obtain property owned by, or in the custody of, a bank “by means of false of...
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Tags: Attorney New Orleans, Bank Fraud, Criminal Attorney New Orleans, Criminal Defense Lawyer New Orleans, Criminal Lawyer New Orleans, Federal Case Law Update, Federal Criminal Attorney New Orleans, Loughrin v. United States, New Orleans Federal Criminal Attorney, New Orleans Federal Criminal Defense Lawyer, United States Supreme Court intent required for bank fraud, Whitfield v. United States
The Louisiana Supreme Court ruled in Smith v. State that “the sex offender statutes, as amended in 1999, 2006, 2007, and 2008, to the extent that they are applicable to Mr. Smith, are not so obtrusive as to deem them punitive rather than remedial or regulatory.” — So.3d —, 2012...
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF LOUISIANA
UNITED STATES OF AMERICA : Civil Action
: No.
v. :
ANGEL CHIRINO : Criminal
: No. 81-104 “K”
MEMORANDUM IN SUPPORT OF MOTION FOR WRIT OF CORAM NOBIS TO VACATE AND SET ASIDE...
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