Trial

Juror Misconduct After a Conviction: Potential for New Trial?

Juror Misconduct

In United States v. French, the First Circuit Court of Appeals addressed an interesting development in a case involving two defendants charged with owning and running a marijuana farming operation on about 80,000 acres of land in Maine. Both defendants were convicted of the drug-related charges but later found out that one of the jurors on…

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Posting Not Necessarily “Advertisement” Under 18 USC 2251

18 usc 2251

18 USC 2251 (d)(1) makes it federal crime for anyone to post a “notice or advertisement seeking or offering— (A) to receive, exchange, buy, produce, display, distribute, or reproduce, any visual depiction, if the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is…

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Motion To Suppress Evidence – Illegal Search

motion to suppress evidence illegal search

The U.S. Court of Appeals for the Ninth Circuit has upheld a federal judge’s decision to grant a motion to suppress evidence obtained during an illegal search. Straughn Gorman was stopped by a Nevada state trooper for an alleged “left lane violation” while driving a motorhome. The trooper was suspicious that Gorman was carrying bulk…

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Constructive Amendment To Indictment Requires Reversal Of Attempted Sex Trafficking Conviction

constructive amendment

The U.S. Court of Appeals for the Ninth Circuit has reversed a defendant’s conviction for attempted sex trafficking after finding constructive amendment to indictment had occurred during trial. Ricky Davis was charged with attempted sex trafficking, a violation of 18 U.S.C. 1591(a). The indictment alleged that Davis “… knowingly attempted to recruit, entice, harbor, transport,…

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