Dallas Criminal Lawyer – David Finn

For the second time in less than a week, the Supreme Court has summarily reversed a federal appeals court for failing to strictly follow post-Booker sentencing law. 
In Nelson v. United States, __ S.Ct. __, 2009 WL 160585 (Jan. 26, 2009), the Court took the Fourth Circuit to task for affirming a within-guidelines sentence despite the [...]

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COALITION TO PRESERVE THE ATTORNEY-CLIENT PRIVILEGE
American Chemistry Council
American Civil Liberties Union
Association of Corporate Counsel
Business Civil Liberties, Inc.
Business Roundtable
The Financial Services Roundtable
Frontiers of Freedom
Lawyers for Civil Justice
National Association of Criminal Defense Lawyers
National Association of Manufacturers
Retail Industry Leaders Association
U.S. Chamber of Commerce
COMPREHENSIVE REFORM STILL CRITICALLY NEEDED TO PROTECT
ATTORNEY-CLIENT PRIVILEGE AND EMPLOYEE LEGAL RIGHTS
In response to growing concerns [...]

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WASHINGTON, DC — The Coalition to Preserve the Attorney-Client Privilege issued the following statement on the Senate Judiciary Committee confirmation proceedings scheduled for January 15, 2009 on the nomination of Eric H. Holder Jr., to be Attorney General of the United States:

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The following is a publication of the Office of the Federal Public Defender for the Northern District of
New York. The cases are from United States Courts of Appeal and the United States Supreme Court. The
opinions contain at least one point favorable to criminal defendants.
The purpose is to give CJA Panel Attorneys a shortcut to case [...]

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In Virginia v. Moore, case number 06-1082, the Supreme Court today decided that just because police officers violate state law by arresting a person for an offense that is not subject to arrest, a search incident to that
(unlawful) arrest does not violate the Fourth Amendment. And it was a unanimous decision (Justice Ginsburg only concurred in the judgment).

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David Finn: In addition to the individuals named in the following article, credit for the distribution of this material goes to Tony Lacy, Assistant Public Defender, Western District of Oklahoma, Oklahoma City, Oklahoma.
It’s old, so check the Federal Code before relying on the information.
A giant “Thank You� goes out to Sherri Katz, Research and [...]

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UPDATES TO
by John Teakell
Milner & Finn
Dallas, TX
Federal Bar Assn.’s Federal Criminal Practice Seminar
April 11, 2008
“THE ADAM WALSH ACT�
AN OVERVIEW
Re: Adam Walsh Child Protection and Safety Act of 2006 – H.R.4472 – Public Law No: 109-248
I. Note
There are no official changes; however, there are several proposed updates moving through Congress. I listed the citations on those [...]

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Rita, Gall and Kimbrough:
A Chance for Real Sentencing Improvements
Amy Baron-Evans
April 4, 2008
In a series of cases beginning in 1999, the Supreme Court examined the historical
roots of the right to jury trial in both the original Constitution and the Bill of Rights. See U.S. Const. Art. III, § 2, cl. 3, U.S. Const. Amend. 6. [...]

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As many of you know, the first shot fired in the modern Sixth Amendment revolution left the Supreme Court’s muzzle seven years ago in Apprendi v. New Jersey.
In that opinion, the Court explained that the Sixth Amendment mandated that “other than the fact of a prior conviction, any fact that increases the penalty for a [...]

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Here’s the opinion referenced in earlier blog entry.

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