Case Summaries

Criminal Law & Procedure

[10/10] US v. Spikes
Sentence for conspiracy to distribute and to possess with intent to distribute methamphetamine is reversed and remanded where: 1) the district court did not articulate any alternative sentence, and there was no clear indication on the record that the district court would have imposed the same sentence if defendant's legal argument had prevailed; 2) the district court did not state whether it would have chosen the same 160-month sentence if faced with a properly calculated advisory range of 135 to 168 months, and if the court had intended to impose "a sentence at the lower end" of the appropriately calculated range, defendant's sentence would be significantly less than 160 months; and 3) thus, the court's error of adding two extra criminal history points affected defendant's substantial rights.

[10/10] US v. Garate
Sentence of 30 months for traveling with the intent to engage in sexual conduct with a minor that was previously reversed and remanded as unreasonable, is now affirmed where in light of the deferential standard of review set forth in the intervening case of Gall v. US, the court could not say that the lower court abused its discretion in weighing the evidence as it did, where, as here the facts could legitimately be viewed from different perspectives.

[10/10] Johnson v. Bagley
In a conviction for aggravated murder and sentence of death, petition for habeas corpus is granted where: 1) by failing to interview defendant's mother, defendant's attorneys failed to uncover two critical categories of information that established "a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different."; and 2) the failure to uncover those pieces of evidence, established prejudice.

[10/10] US v. DeFilippo
Conviction and sentence for conspiracy to racketeer, illegal gambling, and conspiracy to collect credit through extortionate means are affirmed over claims of error that: 1) the district court erred when it admitted testimony from a high-ranking member of the Bonanno Crime Family; 2) the murder of George Sciascia was not relevant conduct because it was not related to a conspiratorial object of which defendant was convicted; 3) the Government failed to rebut an alleged presumption that a person withdraws from a conspiracy when he is arrested; and 4) the district court erred in refusing to hold a hearing on that issue.

[10/09] US v. Banks
Order for a new trial after convictions on drug-related counts is affirmed where the trial court did not abuse its discretion by determining that information not disclosed by the government, which could have been used to impeach its expert witness, was material, and that defendant was prejudiced by the nondisclosure.

[10/08] Claudio v. State of Delaware
Denials of postconviction motions in a first-degree murder case are affirmed where the trial judge's instruction on the "in furtherance of the commission of a felony" element of felony murder was legally sufficient.

[10/06] Brown v. Delaware
Convictions of two defendants for felony murder, manslaughter, robbery, and conspiracy are reversed and remanded where defendants had presented some credible evidence supporting their alibi defense and, upon their request, an alibi instruction was therefore required.

[10/06] Sierra v. Delaware
A probationer's convictions on drug and weapons charges are reversed and remanded where, under the totality of the circumstances, a tip from a confidential informant did not provide reasonable suspicion to support a search of defendant's home.

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Family Law

[10/10] Lamour v. Peake
Denial of a request to reopen a claim for survivor benefits as the spouse of a veteran is vacated and remanded where the issue of whether claimant and decedent had a valid marriage was not considered with application of the "deemed valid" criteria in the relevant regulation, and since this aspect was the sole basis of the rejection of claimant's petition to reopen her claim.

[09/30] M.V. v. Superior Court of California
In a family law matter brought by mother seeking reunification with her infant after her incarceration and deportation for engaging in consensual sexual intercourse with a 15-year old boy, petition for a writ of mandate directing the trial court to vacate its order and to issue a new and different order continuing reunification services to a 12-month review is affirmed where the court erred in terminating reunification services and setting a .26 hearing by applying the 12-month review standard pursuant to section 366.21, subdivisions (f) and (g), instead of the six-month review standard pursuant to section 366.21, subdivision (e).

[09/25] In Re: Amendments to Fla. R. Juv. P.
Recommended amendments to the Rules of Juvenile Procedure to conform the rules and forms to recent legislation are adopted with a sixty-day comment period.

[09/25] US v. Kerley
Conviction for failure to pay a child support obligation is vacated and remanded where: 1) the district court did not err in its rulings as to the good faith defense; 2) the rule of lenity required the court to vacate the conviction on the second count of the offense; and 3) although the district court correctly applied the loss amount and obstruction of justice enhancements under the Sentencing Guidelines, the court erred in concluding that the vulnerable victim enhancement was applicable.

[09/23] In re Shane G.
Juvenile court judgment terminating parental rights to minor son is affirmed over claims of error that: 1) evidence was insufficient to support the court's finding the beneficial parent-child relationship and beneficial sibling relationship exceptions did not apply to preclude terminating their parental rights; and 2) reversal is required because the court failed to ensure proper notice under the Indian Child Welfare Act (ICWA).

[09/17] Carmona v. Carmona
In an ERISA battle between the eight and ninth wives of a deceased pension holder, judgment in favor of defendant is affirmed in part and reversed in part because a plan participant's retirement vests Qualified Joint and Survivor Annuity (QJSA) interests in the spouse at time of retirement, cutting off an alternative payee's ability to subsequently obtain a qualified domestic relations order changing the plan's beneficiary.

[09/17] Amanda H. v. Superior Court
Mother's petition for extraordinary writ is granted where the Los Angeles County Department of Children and Family Services (DCFS) did not prove by clear and convincing evidence that it had provided reasonable reunification services.

[09/16] Abbott v. Abbott
In a child-custody suit, denial of return of the child to Chile after the custodial parent removed him in violation of a Chilean court's ne exeat order is affirmed where ne exeat rights, even when coupled with "rights of access," do not constitute "rights of custody" within the meaning of the Hague Convention, and the convention therefore provided no remedy.

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