Articles Tagged with Brady

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Remember back with this blog was more than just Short Wins? Remember when there were long and loving descriptions of cases?

I still aspire to get back to that vision for the blog – that was fun. Seriously, look for more long write-ups soon. I’ve been distracted by writing for Above the Law (here is a link to my columns (I particularly like the one about cannibalism)) and my day job as a practicing lawyer.

But, if you’re jonesing for those long write-ups again, thanks to the good people at James Publishing, you can now read them in one handy-dandy book. It has the jazzy title Criminal Defense Victories in the Federal Circuits. Or you could just read the archives.

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Placido Mendoza drove a truck from North Carolina to Tennessee. His passenger was Abel Tavera.

Tavera was a roofer. He later said (to a jury) that he thought he was going to Tennessee to see a construction project.

23.jpgThe truck had construction equipment in it. And a bucket containing nails.

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There was only one win in the federal circuits last week, but United States v. Blewett was a whopper – the Sixth Circuit held that the Fair Sentencing Act applies retroactively to people sentenced before it took effect. Here’s the best language:

In this case, we hold, inter alia, that the federal judicial perpetuation of the racially discriminatory mandatory minimum crack sentences for those defendants sentenced under the old crack sentencing law, as the government advocates, would violate the Equal Protection Clause, as incorporated into the Fifth Amendment by the doctrine of Bolling v. Sharpe, 347 U.S. 497 (1954) (Fifth Amendment forbids federal racial discrimination in the same way as the Fourteenth Amendment forbids state racial discrimination).

In unrelated news, the New York Times had an excellent editorial (available here subject to the Times kind of annoying content restriction thing – private browsing anyone?) on Brady and criminal discovery.

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It’s a good week in the circuits for folks accused of federal crimes.

The Seventh Circuit has been active (though sadly without Judge Posner). United States v. Diaz-Rios looks interesting – it’s a remand for resentencing in a mitigation role case. Personally, I think the mitigating role reduction is too rarely applied (though I would say that). I’m always happy to see pro-defendant law made on that guideline.

Perhaps most interesting, though, is United States v. Doe – a Ninth Circuit discovery violation case. Looks like all of DOJ’s Brady training may not have eliminated the whole problem. Shocking.