Quarles v. United States No. 17-778 U.S. Supreme Court Decided June 10, 2019 ISSUE Whether “remaining-in” burglary occurs only if a person has the intent to commit a crime at the exact moment he or she first unlawfully remains in a building or structure, or whether it occurs when a person forms the intent to … Continue reading Intent for “Remaining-in” Burglary Extends Beyond the Doorway
Federal Criminal Appeals Lawyer call 1-800-APPEALS (1-800-277-3257) US v Lovelace 565 F.3d 1080 Eighth Circuit Court of Appeals Decided on May 19, 2009 Issue: Appeal Waiver Enforceable? Whether 1) defendant’s appeal waiver is enforceable when, despite absence of objection at sentencing, the Government breached the plea agreement, and 2) whether the district court erred when it … Continue reading Government Breaches Plea Agreement, District Court Judge Relies on Undisclosed Material for Sentencing
Johnson v. United States 13-7120 Supreme Court of the United States Decided: June 26, 2015 ISSUE Whether an increased sentence under the Armed Career Criminal Act’s (ACCA) residual clause violates the Constitution’s guarantee of due process where the language used in the statute is ambiguous and leaves too much room for interpretation. HOLDING The Court … Continue reading Due Process Clause Prohibits Vague Language in Defining a “Violent Felony”
Use of Handcuffs During Investigatory Stop Is Not An Arrest United States of America v. Fiseku 17-1222-cr United States Court of Appeals: Second Circuit Decided October 4, 2018 ISSUE Whether an officer’s use of handcuffs in an investigatory detention is unreasonable and provokes a de facto arrest without probable cause in violation of the Fourth … Continue reading Use of Handcuffs During Investigatory Stop Is Not An Arrest