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“The life of the law has not been logic; it has been experience.”-  Oliver Wendell Holmes
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About JaneAnne

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So far JaneAnne has created 47 entries.

Eighth Circuit Reverses Because Joint Representation Was Conflict of Interest

When is a criminal defense lawyer’s performance so compromised that a prosecutor or court should intervene? When is a defendant’s knowing and voluntary waiver of his counsel’s conflicts not enough to cure the problem? These are the silent issues raised by Plunk v. Hobbs, issued July 3, 2013, in which the Eighth Circuit reversed […]

By |July 15th, 2013|Blog|Comments Off|

Eighth Circuit Upholds Supervised Release Condition in Child Porn Case

Sex offender treatment programs, among a variety of objectives, focus on reducing deviant sexual arousal and developing healthy attitudes towards sex and relationships. So it’s not just civil libertarians, but also therapeutic professionals, who may have misgivings about a supervised release condition imposed on Steven Fonder upon his conviction for possession and distribution of […]

By |July 15th, 2013|Blog|Comments Off|

Eighth Circuit Affirms Finding of No Brady Violation

Open-file discovery may moot specific requests for Brady material, but does not substitute for them. Not all information favorable to the accused is memorialized or contained in the prosecutor’s file. In fact, as we learned in the prosecution of the late Sen. Ted Stevens, some agents and prosecutors may deliberately refrain from memorializing the […]

By |June 24th, 2013|Blog|Comments Off|

Eighth Circuit Finds No Abuse of Discretion in Denying Change of Venue Motion

Most change of venue motions involve a defendant trying to escape into anonymity not from it. One would expect this to be especially true in a case involving child pornography charges, but perhaps in a reflection of how punitive the law has become in this area, Dustin Worthey sought to invoke “the public policy […]

By |June 18th, 2013|Blog|Comments Off|

Eighth Circuit Remands Because Predicate Not A Crime of Violence

Some of the thorniest issues under the Sentencing Guidelines (and also the most devastating in terms of sentencing exposure) involve analyzing a defendant’s prior criminal history. In United States v. Roblero-Ramirez, issued on June 17, 2013, and in the context of a rare rejection of an Anders brief, the Eighth Circuit scrutinized a 16-level […]

By |June 18th, 2013|Blog|Comments Off|

Eighth Circuit Affirms Convictions of Several Career/Habitual Offenders

So often, the federal criminal defendant’s problem is not his or her most current case, but rather the impact of prior ones. This is starkly presented in several recent cases affirmed by the Eighth Circuit: United States v. Adams, issued June 11, 2013; United States v. Capps, issued on June 11, 2013; United States […]

By |June 12th, 2013|Blog|Comments Off|

Eighth Circuit Affirms Involuntary Medication of Defendant Facing SORNA Charges

As the recent controversy over the collection of DNA samples from arrestees underlines, compelled intrusion into an individual’s body implicates profound expectations of privacy and security. Hence, the Supreme Court’s establishment in Sell v. United States of stringent conditions before a defendant may be medicated involuntarily for trial competence purposes – instances, the Court concluded, would be “rare.” In United States v. Mackey, issued on June 10, 2013, the Eighth Circuit affirmed the district court’s conclusion that the Sell factors permitted involuntary medication of a defendant facing charges under SORNA for failing to register as a sex offender. Notably, the only expert testimony presented in the case came from professionals employed by the Bureau of Prisons, and the case illustrates the uphill battle a defendant faces without an expert – and the resources that typically implies – in his corner.


By |June 12th, 2013|Blog|Comments Off|