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Criminal Law

Only two meetings with lawyer not enough to show ineffectiveness (access required)

Where an inmate claimed he was denied effective counsel because his lawyer met with him only twice, the court rejects the habeas writ  because there is no minimum number of meetings required of to provide effective representation. Other claims had ...

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Joint request by feds, defendant to reduce term granted (access required)

Where the government and defendant jointly request that the defendant’s 132-month prison term was eligible for reduction to 102 months under the 2018 U.S. Supreme Court decision Hughes v. United States, the request is granted. Background Defendant was previously charged ...

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No ‘threshold showing’ that jurors acted with racial animus (access required)

Despite an affidavit asserting jurors made racially tinged statements, the district court did not abuse its discretion in concluding that interviewing jurors would not likely reveal evidence that racial animus was a motivating factor in the vote to convict defendant ...

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Optometrist guilty of sexual battery (access required)

An optometrist lost his appeal challenging his conviction for sexual battery after a trial on allegations he inappropriately touched more than one complaining witness. Background Three women testified that appellant, a licensed optometrist, inappropriately touching them during eye exams. Appellant ...

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