Case Summaries

Evidence

[03/08] US v. Ochoa-Cruz
Defendant's enhanced sentence for illegal reentry is affirmed where, although the district court erred by solely relying on a presentencing report in determining that certain previous convictions of defendant were crimes of violence, defendant failed to prove that the error affected his substantial rights.

[03/08] State of Florida v. Conde
An order suppressing cocaine which the defendant dropped while running from the police is reversed where an illegal stop of defendant did not occur until the police caught up with defendant and after he dropped the cocaine, rendering the seizure lawful.

[03/08] Bevin v. State of Florida
Petition for certiorari review of a final decision affirming a conviction and sentence for driving under the influence of alcohol is granted where admission of certain portions of a breath test affidavit at defendant's criminal trial violated his constitutional right to confrontation under Crawford.

[03/08] Delorenzo v. State of Florida
A conviction for possession of cocaine is reversed pursuant to defendant's claim of erroneous denial of a suppression motion where an officer's interaction with defendant went from a consensual encounter to an investigatory stop without the required reasonable suspicion, and thus the stop was illegal and defendant's consent to search was tainted.

[03/08] Stankiewicz v. State of Florida
Defendant's conviction for drug-related offenses is affirmed over his argument of entrapment where the trial judge properly submitted the factual issues to the jury, and there was evidence supporting its resolution, and his sentences are reversed and remanded pursuant to a double jeopardy claim where the evidence was not enough to establish two separate crimes.

[03/08] Archbishop Coleman F. Carroll High Sch., Inc. v. Maynoldi
Motion for rehearing denied where there was no error in the trial court's decision that certain notes were not prepared in anticipation of litigation.

[03/07] US v. Faulkner
Defendants' convictions for conspiracy to murder an individual to prevent him from testifying in the federal kidnapping trial are affirmed over their claims that certain evidence should have been suppressed under the Federal Wiretap Act, and that admission of that evidence would violate the Confrontation Clause of the Sixth Amendment.

[03/07] Zeigler v. State of Florida
Denial of defendants' motions to suppress in a prosecution for drug-related offenses are affirmed where a police officer making a traffic stop had the legal authority to make personal contact with defendants to explain the reason for the stop, and thus, be in a position to smell marijuana.

[03/07] Theus v. State of Florida
A conviction and sentence for lewd and lascivious battery on a child less than 16 years of age is affirmed where any error by the trial court in allowing a state witness to refer on direct examination to a certain scientific article was harmless.

[03/07] Messina v. Krakower
Summary judgment for defendants in a defamation action against an attorney and his law firm is affirmed where the judicial proceedings privilege protected the defendants from suit for defamation, and the district court did not abuse its discretion in granting summary judgment without allowing additional discovery.

[03/06] US v. Harms
Defendant's conviction for mail fraud and perjury in connection with the receipt of workers' compensation benefits is affirmed over challenges to the sufficiency of the indictment and evidence, the prosecution's use of summary evidence, exclusion of evidence, and denial of a motion for mistrial. His sentence is vacated where the court incorrectly calculated the amount of loss for sentencing purposes.

[03/06] People v. Christopher
A conviction for second degree burglary, petty theft with a prior conviction, and resisting, delaying or obstructing a peace officer is affirmed where: 1) defendant waived a claim of instructional error; 2) substantial evidence supported the resisting a peace officer conviction; 3) a claim that a conviction was barred on the ground that "other punishment" was prescribed was unavailing, and 4) his rights to self-representation and due process were not violated.

[03/06] People v. Superior Court of Los Angeles County
Petition for writ of mandate in a rape case is denied and discharged where writ review was not available to the prosecution to challenge the trial court's denial of its motion for a Kelly-Frye hearing on the admissibility of certain scientific evidence proposed by the defense.

[02/22] State of Delaware v. Rogers
Motion to suppress evidence is granted in part where the State's discovery responses were incomplete and misleading, but denied where there was probable cause to support the defendant's arrest.

[02/17] State of Delaware v. Arnold
Decision suppressing evidence gathered through roadside sobriety tests because of lack of probable cause to arrest the defendant is reversed and remanded where the lower court misconstrued the probable cause standard to include a presumption of innocence.

[02/15] State of Delaware v. Staten
Motion to suppress evidence obtained pursuant to a search warrant in a drug case is denied where the defendant has no standing to challenge a search warrant for a package which was neither addressed to him nor sent by him.

[02/13] Parker v. Wilk
Motion for summary judgment is granted for defendant in an action for loss of chance to survive where the plaintiff's expert witness testimony regarding causation was scientifically unreliable and inadmissible under rules of evidence.

[02/09] Quill v. State of Delaware
Conviction for passing a stopped school bus is affirmed where there was sufficient evidence to support the conviction, including the defendant's own admissions, and where the law only requires a bus to flash warning lights for approximately (not exactly) ten seconds before stopping.

[02/08] Jackson v. Madric
Denial of defendant's motion for remittur or new trial despite arguments concerning jury instructions, medical testimony and the size of the jury award, and grant of plaintiff's motion for costs and pre-judgment interest.

[02/08] State of Delaware v. Wheeler
Order finding defendant guilty of vehicle and drug paraphernalia and possession charges based upon defendant's admissions and physical evidence, but acquitting the defendant of weapons and further possession charges based upon the state's inability to produce sufficient evidence against the defendant.

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