Justia Criminal Law Opinion Summaries
Miranda v. Kennedy
In June 2013, Fagbemi Miranda was convicted of first-degree murder in Massachusetts state court. The defense aimed to discredit the government's key witness, suggesting Miranda's brother was responsible for the shooting. However, Miranda wanted to testify that he shot the victim in self-defense. This disagreement in defense strategy is central to the habeas case. The incident occurred on October 10, 2005, when Miranda and Christopher Barros argued outside Miranda's home. Miranda's brother, Wayne, joined the argument with a handgun. After a chase, Wayne handed the gun to Miranda, who then shot Barros. Barros was found unconscious and later died. Initially, Wayne was arrested, but a neighbor's later testimony implicated Miranda.Miranda was indicted in 2008 and convicted in 2013. He filed a notice of appeal and a motion for a new trial, which were denied. The Massachusetts Supreme Judicial Court (SJC) affirmed his conviction and the denial of his motion for a new trial in 2020. Miranda's petition for a writ of certiorari was denied by the U.S. Supreme Court. He then sought habeas relief in the District of Massachusetts, which was denied in 2022, but a certificate of appealability was granted.The United States Court of Appeals for the First Circuit reviewed the case de novo. Miranda argued that his counsel interfered with his right to set the defense objective, that his due process rights were violated by the trial judge's refusal to instruct the jury on self-defense, and that he was deprived of his rights to testify and to effective assistance of counsel. The court found that the SJC's rulings were not unreasonable applications of federal law. The court concluded that Miranda's counsel's errors did not prejudice the outcome of the trial, as Miranda's self-defense claim was not viable. The First Circuit affirmed the district court's denial of the habeas petition. View "Miranda v. Kennedy" on Justia Law
P. v. Hodge
In 2012, Jason Robert Hodge pleaded no contest to three felony counts of battery and assault with a deadly weapon and was sentenced to 21 years in prison. On January 5, 2024, Hodge filed two requests in the Superior Court of Los Angeles County: a motion for relief under the Racial Justice Act and a request for resentencing under section 1172.1. The trial court denied both requests in a single order on February 6, 2024, stating it declined to exercise its discretion to recall Hodge’s sentence.Hodge appealed the trial court's decision. His appellate counsel filed a brief under People v. Delgadillo, raising no arguable issues, and Hodge filed a supplemental brief without addressing the appealability issue. The Court of Appeal of the State of California, Second Appellate District, requested briefing on the appealability of the trial court’s denial of Hodge’s request for resentencing under section 1172.1, considering the Supreme Court’s opinion in People v. Loper.The Court of Appeal concluded that neither component of the trial court’s order was appealable. The court held that the trial court’s decision not to exercise its discretion to recall Hodge’s sentence did not affect Hodge’s substantial rights under section 1237, subdivision (b), because the trial court had no statutory obligation to act on Hodge’s request. Additionally, the trial court lacked jurisdiction to consider Hodge’s motion under the Racial Justice Act, as incarcerated defendants whose convictions are final may only raise claims under that act in a petition for a writ of habeas corpus. Consequently, the appeal was dismissed. View "P. v. Hodge" on Justia Law
Posted in:
California Courts of Appeal, Criminal Law
US v. Bright
Between September 2021 and January 2022, agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives, along with local law enforcement in Sanford, North Carolina, coordinated controlled buys of narcotics using a confidential informant (CI). The CI purchased drugs from various individuals, including the appellant, Brian Thomas Bright. The CI primarily interacted with Keyonta McDougald, who facilitated drug buys from Bright. Bright also directed William Samuel Pergerson to assist in drug transactions. Bright and seven others were indicted for conspiracy to possess with intent to distribute fentanyl, methamphetamine, heroin, and cocaine.The United States District Court for the Middle District of North Carolina sentenced Bright to 97 months of imprisonment after he pled guilty to conspiracy to possess with intent to distribute fentanyl. The Presentence Investigation Report (PSR) calculated Bright’s base offense level as 26, with a three-point enhancement for a managerial role under the United States Sentencing Guidelines (Guidelines) § 3B1.1(b). Bright objected to the enhancement, arguing that his criminal activity involved fewer than five participants. The district court overruled the objection, finding that the three-level enhancement was appropriate due to the extent of Bright’s involvement in the conspiracy.The United States Court of Appeals for the Fourth Circuit reviewed the case and found that the district court committed procedural error by not making the necessary findings regarding the scope of the criminal activity and the number of participants involved, as required by Guidelines § 1B1.3 and United States v. Evans. The Fourth Circuit vacated Bright’s sentence and remanded the case for resentencing, instructing the district court to make the requisite particularized findings or determine if the criminal activity was "otherwise extensive." View "US v. Bright" on Justia Law
United States v. Harper
George Harper, Jr. was indicted for being a felon in possession of ammunition following a shooting incident in Davenport, Iowa. After two unsuccessful suppression motions, he pled guilty. At sentencing, the district court applied the attempted murder cross-reference and sentenced Harper to 67 months’ imprisonment. Harper appealed the application of the cross-reference and the denial of one of his suppression motions.The United States District Court for the Southern District of Iowa denied Harper’s motion to suppress A.H.’s eyewitness identification, concluding that A.H. knew Harper before the incident and that his reluctance to identify Harper initially was due to fear of involvement in a police investigation. The court also found that Detective Reeves’s thumb placement on Harper’s photograph was not impermissibly suggestive. Harper pled guilty but preserved his right to appeal the denial of his motion to suppress and the district court’s sentence.The United States Court of Appeals for the Eighth Circuit reviewed the case. The court held that the identification procedure did not create a substantial likelihood of irreparable misidentification, as A.H. knew Harper and identified him from surveillance footage before the photo array. The court also found that the district court did not err in applying the attempted murder cross-reference, as Harper fired multiple rounds at X.B., demonstrating an intent to kill or callous disregard for human life. The Eighth Circuit affirmed the district court’s judgment. View "United States v. Harper" on Justia Law
United States v. Rose
In January 2020, Detective Josh Winter of the Clinton, Iowa, Police Department stopped Johnathon Lawrence Rose for having heavily-tinted windows, which violated Iowa law. During the stop, Rose's behavior made Winter nervous, prompting him to request a canine unit. The drug-detection dog alerted to the presence of drugs, leading to a search of Rose's car, where officers found drug paraphernalia and suspected drug residue. Rose was arrested, and further searches at the police department and his residence revealed more drugs, ammunition, and firearms. Rose was indicted for possessing methamphetamine with intent to distribute and unlawfully possessing a firearm as a felon.The United States District Court for the Southern District of Iowa held an evidentiary hearing and denied Rose's motion to suppress the evidence. Rose entered a conditional guilty plea, reserving his right to appeal the denial of the motion to suppress. The district court determined Rose was a career offender and sentenced him to 210 months of imprisonment. Rose appealed, and the United States Court of Appeals for the Eighth Circuit affirmed his sentence. Rose then filed a motion for relief under 28 U.S.C. § 2255, alleging ineffective assistance of counsel. The district court agreed, vacated his sentence, and reimposed it, allowing Rose to appeal again.The United States Court of Appeals for the Eighth Circuit reviewed the case and affirmed the district court's denial of the motion to suppress, finding no constitutional violations in the traffic stop, searches, or Rose's incriminating statements. However, the court reversed Rose's sentence, agreeing with the government's concession that the case must be remanded for resentencing in light of a recent decision in United States v. Daye, which impacted the classification of Rose as a career offender. The case was remanded for further proceedings consistent with this opinion. View "United States v. Rose" on Justia Law
United States v. Hayward
Larry Hayward was convicted by a jury of five counts related to heroin offenses. He subsequently filed a motion for acquittal or a new trial, which was denied. On appeal, Hayward contended that the district court erred by admitting evidence of an uncharged controlled buy involving heroin and fentanyl and argued that the evidence was insufficient to support his convictions for conspiracy to distribute drugs and aiding and abetting drug distribution.The United States District Court for the Western District of Missouri oversaw Hayward's trial. The court admitted evidence of an uncharged controlled buy from August 2019, which involved fentanyl, over Hayward's objections. Hayward was convicted on all counts and sentenced to 240 months in prison. He then appealed the district court's decisions.The United States Court of Appeals for the Eighth Circuit reviewed the case. The court held that the district court did not abuse its discretion in admitting the evidence of the uncharged controlled buy. The court found that the evidence was relevant to Hayward's intent, was sufficiently similar to the charged crimes, was supported by sufficient evidence, and that its probative value was not substantially outweighed by the risk of unfair prejudice.The appellate court also found that there was sufficient evidence to support Hayward's convictions. The court noted that multiple witnesses testified about Hayward's involvement in a heroin distribution operation with his partner, Jasmine Steed. The court concluded that a reasonable jury could infer that Hayward was part of a conspiracy to distribute heroin and that he aided and abetted the distribution of heroin by Steed and another individual, Demario Brown.The Eighth Circuit affirmed the district court's judgment, upholding Hayward's convictions and sentence. View "United States v. Hayward" on Justia Law
Fry v. Shoop
Clarence Fry was convicted by a jury of the aggravated felony murder of his girlfriend, Tamela Hardison, and was sentenced to death by an Ohio trial court. The conviction and sentence were affirmed by the Ohio courts on direct appeal, and Fry's request for collateral relief was denied. Fry then petitioned for a writ of federal habeas corpus, which the district court denied.The Ohio Supreme Court affirmed Fry's conviction and sentence. The Ohio Court of Appeals denied state collateral relief, and the Ohio Supreme Court declined additional review. Fry filed a habeas petition in federal court, raising 24 grounds for relief. The district court denied his petition and granted a certificate of appealability on five claims: ineffective assistance of trial counsel, trial-court error, and ineffective assistance of appellate counsel.The United States Court of Appeals for the Sixth Circuit reviewed the case. The court held that Fry's trial counsel did not provide ineffective assistance during plea bargaining, as the state court reasonably found no prejudice. The court also held that Fry's counsel did not prevent him from testifying, as the state court's finding that Fry knowingly waived his right to testify was reasonable. Additionally, the court found that Fry's waiver of mitigation evidence was knowing and voluntary, and thus, there was no prejudice from counsel's performance.The court also addressed Fry's claims of trial court error. It held that the trial court did not violate Fry's right to testify by failing to independently inquire about his decision, as there was no Supreme Court precedent requiring such an inquiry. Lastly, the court found that the trial court did not err in accepting Fry's mitigation waiver, as the extensive colloquy showed that Fry's waiver was knowing and voluntary.The Sixth Circuit affirmed the district court's denial of Fry's habeas petition. View "Fry v. Shoop" on Justia Law
United States v. Hanson
Defendant Shefiu A. Hanson, serving a 46-month sentence for wire fraud, appealed the district court’s denial of his motion to reduce his sentence under 18 U.S.C. § 3582(c)(2). Hanson had pled guilty to wire fraud and conspiracy for creating fraudulent bank and email accounts to induce businesses to wire money to his accounts. The total loss to 30 victims was $1,122,805.74. Hanson, with no prior convictions, had a Criminal History Category of I and an Offense Level of 22, resulting in a Guidelines Range of 41 to 51 months. He was sentenced to 46 months in May 2023.Hanson moved for a sentence reduction under the newly created U.S.S.G. § 4C1.1, which applies retroactively. The government opposed, arguing Hanson was ineligible because he caused substantial financial hardship to his victims. The district court agreed, finding Hanson caused substantial financial harm to multiple victims, making him ineligible under U.S.S.G. § 4C1.1(a)(6). The court also concluded that a sentence reduction would not adequately reflect the seriousness of the offense or provide just punishment.The United States Court of Appeals for the Sixth Circuit reviewed the case. The court held that the district court did not err in determining Hanson was ineligible for a sentence reduction. The court noted that the financial hardship caused by Hanson did not need to fall perfectly within the factors listed in U.S.S.G. § 2B1.1 n.4F, as the list is non-exhaustive. The district court reasonably concluded that the financial hardship to at least one victim was substantial, citing specific examples of individual victims' hardships. The court affirmed the district court’s order denying Hanson’s motion for a sentence reduction. View "United States v. Hanson" on Justia Law
Hammell v. The State of Wyoming
Clint Wayne Hammell pled guilty to felony possession of methamphetamine in May 2023 and was sentenced to four to five years of imprisonment, suspended in favor of three years of supervised probation. His probation was revoked twice in November 2023 and February 2024, with his sentence resuspended each time. After the second revocation, he was ordered to apply for and complete an adult community corrections (ACC) program, which he did at the Casper Re-Entry Center (CRC).In April 2024, the State petitioned to revoke Hammell's probation again, alleging he failed to report to a scheduled appointment with his probation agent on March 26, 2024, and did not return to the CRC, leading to his classification as an escapee. At the evidentiary hearing, his probation agent testified about his absence and subsequent arrest on March 28. The CRC case manager supervisor and a Casper Police Department officer also testified about his failure to report and his arrest.The district court found that Hammell violated his probation conditions and that his violations were willful, noting his failure to use his phone to arrange transportation back to the CRC. Consequently, the court revoked his probation and imposed the underlying sentence of four to five years with credit for time served. Hammell appealed the decision.The Supreme Court of Wyoming reviewed the case, focusing on whether the district court abused its discretion in finding Hammell's violations willful. The court upheld the district court's decision, stating that the evidence supported the finding of willfulness, as Hammell did not make efforts to contact his probation agent or return to the CRC. The court affirmed the revocation of Hammell's probation. View "Hammell v. The State of Wyoming" on Justia Law
Posted in:
Criminal Law, Wyoming Supreme Court
State v. Lyddy
The defendant was charged with three counts of second-degree aggravated domestic assault and one count of felony unlawful mischief. The charges stemmed from an incident where the defendant allegedly slapped the complainant's arm, pushed her into a wall, and slammed her onto the floor, causing her head to hit the ground. Additionally, the defendant was accused of damaging the complainant's laptop and phone.The Superior Court, Windham Unit, Criminal Division, admitted a 911 caller's statement that the defendant was beating the complainant, excluded a statement by an investigating officer that the situation was "a wash," and did not strike the complainant's testimony that police had to tell her she had been assaulted. The jury found the defendant guilty on all counts, and he was sentenced to one-to-three years, suspended except for 120 days to serve, and five years of probation.The Vermont Supreme Court reviewed the case. The court upheld the admission of the 911 caller's statement, finding it admissible as a present sense impression and rationally based on the caller's perception. The court also upheld the exclusion of the officer's statement, agreeing that it was an opinion on the defendant's guilt, which was for the jury to decide. The court found no plain error in the trial court's failure to strike the complainant's testimony about the police chief's explanation.However, the court found that the jury instruction on the intent required for the unlawful mischief charge was erroneous. The instruction allowed the jury to find the defendant guilty if he acted knowingly, which is a lower standard than the statute's requirement of intent. This error was not harmless, as the defendant's intent was the central issue. Consequently, the court reversed and remanded the unlawful mischief conviction for a new trial but affirmed the other convictions. View "State v. Lyddy" on Justia Law
Posted in:
Criminal Law, Vermont Supreme Court