Criminal Law

The Persistents of Apprendi
Besser v. Walsh, No. 05-4375-pr (2d Cir. March 31, 2010) (Winter, Sack, CJJ, Murtha, DJ)While the blog does not usually cover habeas cases, this one is important, as it invalidates New York State?s discretionary felony persistent offender sentencing scheme...

Preponderance of the Evidence Standard Still Applies to Judicial Fact-Finding at Sentencing
U.S. v. Jones, 2009 WL 921116 (4/7/09) (unpub'd) - Booker did not require overturning prior precedent that only a preponderance of the evidence standard applies to judicial fact-finding that enhances the guideline range...

Analysis: Expansion of Apprendi looming
Analysis With Justice Stephen G. Breyer waging, seemingly alone, a rearguard effort to limit juries’ fact-finding role in determining criminal sentences, the Supreme Court on Tuesday displayed a strong inclination to stay on course in the eight-year effort to add to the jury’s power...

Ninth Circuit Holds Date of Removal Is An Element of Enhanced Penalties Under 8 U.S.C. § 1326(b) & Must Be Alleged In Indictment & Found By Jury BRD
In what is becoming a semi-regular feature of this blog, here's another Ninth Circuit case that you should be aware of: United States v. Salazar-Lopez, No. 06-50438 (9th Cir. Oct. 24, 2007) (Fisher, Clifton, Fogel, D...

Oregon v. Ice: Apprendi Does Not Govern Consecutive Sentences
Ice was convicted by a jury of two counts of first-degree burglary and four counts of first-degree sexual abuse. The court sentenced him to a total of 340 months, with three of the sentences running consecutively, based on its finding that the two burglaries of which Ice was convicted constituted "separate incidents," and that Ice?s conduct during the burglaries (which formed the basis for four other convictions) demonstrated a "willingness to commit more than one offense" "caus[ing] or creat[ing] a risk of causing greater or qualitatively different loss, injury or harm to the victim...

Ball on Apprendi & Blakely
W. David Ball (Stanford University - Stanford Criminal Justice Center) has posted Heinous, Atrocious, and Cruel: Apprendi, Indeterminate Sentencing, and the Meaning of Punishment (Columbia Law Review, Forthcomin) on SSRN...

Child Support
Finding the Noncustodial Parent ( Deadbeat Dads )

Specialty Lamp International
Recalls Counterfeit Circuit Breakers

Pollution
50% Increased Risk for Allergy and Asthma from Traffic Fumes

Search Engine Optimization Claims
Web based company pays over $150,000 settlement in Internet lawsuit.

Chantix Suicide
alleging the smoking cessation product is linked to increased suicidal behaviors.

Repossessed car wins $700,000 Settlement
A class action lawsuit that was brought against Virginia Beach-based Tidewater Finance Co., alleging that the company had questionable repossession practices, has been settled.

MRI Health Risks
alleging gadolinium based contrast agents pose health risks.