Articles Tagged with “Motion to Suppress”

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The First Circuit rarely reverses, particularly in criminal cases.  You can read First Circuit opinions for months without coming across a defense-friendly opinion.  And a federal grant of a 2254 habeas petition by any court is a unicorn, in and of itself. See, e.g., Nancy J. King, Non-capital Habeas Cases after Appellate Review: An Empirical Analysis, 24 Fed. Sent. Rptr. 308, 310 (2012) (observing that, after both district and circuit court review, habeas relief was granted in only .8 percent of noncapital habeas cases).  That’s what makes the First Circuit’s decision in Rivera v. Thompson, 879 F.3d 7 (1st Cir. 2018) such a welcome surprise.

The facts: Rivera was in a fight with Williams and it was not going well.  Williams was much bigger than Rivera and the fight quickly became lopsided.  When fellow partygoers realized Williams was in full control and showing no signs of relenting, a group went outside to break up the fight.  Soon after, Williams keeled over on top of Rivera, and one witness said Williams remarked as he fell, “I think he [Rivera] stabbed me.”  But it happened fast and no one was willing or able to identify who stabbed Williams.  Rivera ran and a police officer saw him and ordered him to stop, but Rivera kept going.  When the officer drew his gun and told Rivera to get down, Rivera complied.  With Rivera still on the ground and the officer’s gun drawn, the officer asked Rivera a few questions, but did not issue Miranda warnings.  Rivera responded with some indirect, but inculpatory answers.  Backup arrived soon after, Rivera refused to talk further, and he was brought to the police station.

After a trial, Rivera was found guilty and sentenced to 9-10 years and 5 years of supervised release.  While his appeal was pending, he filed a motion for new trial, arguing his trial attorney was ineffective for failing to move for suppression of his inculpatory statements to the police officer.  The Massachusetts trial court denied the motion for new trial without comment or a hearing.  Rivera pressed his ineffective assistance argument on appeal.  The appellate court rejected it, stating that “it was not ineffective assistance for counsel not to move to suppress the defendant’s initial statements to the police where the questions did not constitute interrogation for purposes of Miranda warnings.” Id. at 11.  The Massachusetts Supreme Judicial Court denied review, and Rivera was off to federal habeas land.

Michael Brownlee is board-certified as an appellate expert by the Florida Bar.  He practices in federal appellate courts around the country and is the founding member of The Brownlee Law Firm.  To learn more visit appealattorney.com or email Mike at mbrownlee@brownleelawfirmpa.com.

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Child porn cases are turning out to be a surprisingly large portion of what’s in federal court.

Child pornography is gross and wrong, to be clear. But these cases are, I think, a symptom of a larger problem.

All of us have times in our lives when we’re in the wilderness, when we feel adrift and alienated and unsure of where we’re going or where we are. Some folks in this time of life turn to alcohol, Some turn to drugs, video games, or other ways to keep themselves from facing the great chasm of dissatisfaction that their lives have become. “The mass of men lead lives of quiet desparation” and all that.

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It’s been an interesting few weeks in the circuits (and, apologies for the gap in posting – pesky family vacations).

Probably my favorite is United States v. Mergen, about whether an FBI agent’s statements that what the guy charged with a crime was doing were ok and legal were admissible. I tend to think FBI stings that take advantage of how weak the entrapment defense is are one of the more loathsome things our federal government does – any time you can poke holes in that I think it’s a good thing.

Also of note is United States v. Bagdy – there, a guy who spent an inheritance on stuff that wasn’t restitution, instead of restitution, didn’t violate his supervised release conditions. Supervised release can be insane – especially when restitution is in play. Nice work for the Third Circuit in dialing it back.

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There’s been a lot in the circuits in the last week, but perhaps the most surprising bit is that the Seventh Circuit issued four opinions on supervised release conditions.

Supervised release may not be the sexiest of issues, but, especially in child pornography cases, it matters a lot. I’m not sure what’s in the water in Chicago, but whatever it is reaffirms that these conditions need to be narrowly tailored and properly justified.

To the victories!