LATEST SUMMARIES

CIVIL PROCEDURE, CRIMINAL LAW & PROCEDURE, EVIDENCE, HABEAS CORPUS
• Thompson v. Choinski

CIVIL PROCEDURE, IMMIGRATION LAW
• Dedji v. Mukasey

CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
• US v. Desinor

LATEST SUMMARIES

CIVIL PROCEDURE, CRIMINAL LAW & PROCEDURE, EVIDENCE, HABEAS CORPUS
Thompson v. Choinski, No. 04-5079
Dismissal of a habeas petition is affirmed in part and vacated in part where: 1) insofar as the petition challenged the conviction, it was a "second or successive motion" which did not satisfy the requirements for such a motion under 28 U.S.C. section 2255; 2) claims protesting conditions of confinement imposed by a state facility became moot when petitioner was transferred back to a federal prison; but 3) the district court erroneously dismissed claims protesting the federally imposed conditions of confinement based on petitioner's failure to exhaust state remedies and for other perceived defects in pleading. Read more...

CIVIL PROCEDURE, IMMIGRATION LAW
Dedji v. Mukasey, No. 05-5414
An IJ has broad discretion, in the management of his docket, to enforce deadlines established by local rules, and to deviate from the local rules where: 1) petitioner has demonstrated good cause for the delay; and 2) substantial prejudice would likely result from the enforcement of the deadline. Further, abuse of discretion is the proper standard to apply in reviewing an IJ's decision to establish and enforce filing deadlines for submission of documents. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
US v. Desinor, No. 05-4500, 05-5907, 06-2256
In a prosecution of multiple defendants for various drug-related offenses, their convictions are affirmed where: 1) defendants were not entitled to a jury charge on self-defense; 2) there was no error in a jury charge regarding the nexus between the drug conspiracy and the murder of a rival gang member; and 3) the evidence was sufficient to prove the existence of that nexus beyond a reasonable doubt. However, the sentence of one co-defendant is partially vacated and remanded where the district court imposed a consecutive sentence on that defendant for discharging a firearm without making the requisite finding of discharge. Read more...