11-3802 U.S. v. Dixon
2011AP1556-CR State v. Meinhardt
11-1313, 11-1323, 11-2057, 11-2061, 11-2062 & 11-2071 U.S. v. Davis
09-2919 Narvaez v. U.S.
When the U.S. Supreme Court accepted review in Freeman v. U.S., it seemed that the Court would answer a straightforward question with a straightforward answer.
Criminal Procedure
Plea agreements; retroactivity
The exclusionary rule does not apply if an unlawful search was permitted by binding precedent at the time it occurred. U.S. Supreme Court Justice Samuel Alito wrote for the Court on June 16, “It is one thing for the criminal ‘to go free because the constable has blundered.’ It is quite another to set the [...]
Sentencing Career offender enhancement; retroactivity A defendant unlawfully sentenced as a career offender can collaterally attack the sentence. “The fact that Mr. Narvaez’s sentence falls below the applicable statutory-maximum sentence is not alone determinative of whether a miscarriage of justice has occurred. The sentencing court’s misapplication of the then-mandatory § 4B1.1 enhancement in Mr. Narvaez’s [...]
United States Court of Appeals CIVIL OPINIONS Employment Fair pay; retroactivity The Lilly Ledbetter Fair Pay Act of 2009 is retroactive to claims after November 10, 2003. “The City has not offered any persuasive basis for avoiding application of the Lilly Ledbetter Fair Pay Act. First, the City argues that each paycheck the officers receive [...]
Bankruptcy Retroactivity The Supreme Court’s recent decision in Ransom v. FIA Card Services, 2011 U.S. LEXIS 608 (Jan. 11, 2011), applies retroactively to unconfirmed Chapter 13 plans filed prior to the decision. “Ransom announces the Supreme Court’s construction of the ownership expense deduction under the Bankruptcy Code. 2011 U.S. LEXIS 608. This Court, therefore, is [...]
