The Latest Postconviction Remedy Notes

Members of the federal judiciary, federal court practitioners, law professors, and law librarians: Below is a link for the latest quarter’s edition of the Postconviction Remedies Note, a legal publication summarizing important federal habeas corpus decisions and discussing new developments in the area of federal postconviction remedies. If there is someone whom you would like to receive this publication, please …

Unshackled! The 9th Grants Mandamus

The panel granted a petition for a writ of mandamus ordering the judges within the District of Arizona to comply with this court’s decision in United States v. Sanchez-Gomez, 859 F.3d 649 (9th Cir. 2017) (en banc), which held that before placing a defendant in shackles, the district court must “make an individualized decision that a compelling government purpose would …

Assisting Public Defenders In Building A Case

We just came across an interesting article about how family members of a client facing trial can be an excellent source for building a case. Read this article on how a prisoners’ family members can help: Family Members Can Assist Overworked Public Defenders – The Atlantic

Attorney General Sessions Memo Outlines Immigration Prosecution

Released on April 11th, 2017, here is the memo from the Attorney General Sessions regarding prosecution of immigration offenses: Renewed Commitment to Criminal Immigration Enforcement Charging Practices It is a high priority of the Department of Justice to establish lawfulness in our immigration system. While dramatic progress has been made at the border in recent months, much remains to be …

Key Changes In Immigration Enforcement

DHS Implementation Memoranda and Factsheets March 7, 2017 WRITTEN BY: Paromita Shah and Julie Mao Background On February 20, 2017, the Department of Homeland Security (DHS) issued two memoranda with the purpose of implementing the President’s Executive Orders from January 25, 2016, titled Implementing the President’s Border Security and Immigration Enforcement Improvements Initiatives (“Immigration and Border Enforcement Memo”) and Enforcement …

A Look At Social Media Restrictions Placed On Registered Sex Offenders

Below is an article by Melissa Hamilton, which is directed at the problems with some of the science cited in briefs to the Supreme Court in Packingham v. North Carolina in support of bans on the use of social networking sites for registered sex offenders. It gives a good critical analysis of some of these studies and has a helpful …

Wiretaps: Mixed bag imposes good new standard of review, but still upholds taps.

From: Steven Kalar, Federal Public Defender ND Cal Players: Decision by visiting D.C. District Judge Friedman, joined by Judges Paez and Tashima. Facts: District judges granted wiretap applications targeting Rodriguez and a Mexican Mafia drug conspiracy. Drug charges were filed in the court of a third DJ. The third DJ reviewed the entire wiretap motion using only the (deferential) abuse …

Supreme Court Opinion On Section 1983 Actions and the Fourth Amendment

On Tuesday, March 21, 2017, while eyes were turned to the Gorsuch hearing, the Supreme Court issued a 6-2 decision in a section 1983 action, Manuel v. City of Joliet, No. 14-9496. The majority held that petitioners may challenge pretrial detention (in addition to arrest) on the ground that it violated the Fourth Amendment. In this case, Mr. Manuel was …

50-State Chart on State Record-Closing Laws Updated by CCRC

The Collateral Consequences Resource Center is pleased to announce that its 50-state chart on state record-closing laws has been updated, and a new report summarizing it posted on the CCRC website. See http://ccresourcecenter.org/2017/03/09/restrictions-on-access-to-criminal-records-a-national-survey/. The chart summaries are illustrated by color-coded maps, and explained in greater detail in the state “profiles” of relief mechanisms that have been part of the Restoration …

Criminal History And Chances of a Convicted Criminal To Reoffend

The U.S. Sentencing Commission has recently published a new report, The Past The Future: Criminal History and Recidivism of Federal Offenders. This new report is the third part of a series that presents findings taken over the course of an eight-year period of over 25,000 federal offenders after being released from prison or placed on probation. It’s interesting to see …

Inmate Reentry Programs of the Federal Bureau of Prisons

The central mission of the Federal Bureau of Prisons is to support a successful transition into the community for federal inmates. By doing so, the Bureau protects public safety by making sure inmates receive programming to help them make a successful reentry into the community. The Bureau offers national programs that are standardized across all institutions. The programs are implemented …

Woman Receives 4 Years Probation In Welfare Fraud Case

A mother of two, who had set aside money to repay $7,450 in welfare benefits she illegally received, has been placed on four years’ probation in welfare fraud case. From August 2014 to May 2015, Cary Virtue Client, 44, collected food stamp benefits while not reporting her work income. Her lawyer, Maui attorney Cary Virtue, commented, “At the time that …

Passing On Postconviction Remedies Note

Members of the federal judiciary, federal court practitioners, law professors, and law librarians: Below is a link for this quarter’s edition of the Postconviction Remedies Note, a legal publication summarizing important federal habeas corpus decisions and discussing new developments in the area of federal postconviction remedies. If there is someone whom you would like to receive this publication, please have …

Supreme Court Opinion On Speedy Trial Right At Sentencing

Betterman v. Montana, No. 14-1457. The Court, in an opinion written by Justice Ginsburg, concluded: “the Sixth Amendment’s speedy trial guarantee… does not apply once a defendant has been found guilty at trial or has pleaded guilty to criminal charges.” “[B]etween conviction and sentencing, the Constitution’s presumption-of-innocence-protective speedy trial right is not engaged.” The Court left open the possibility that …

Kihei Woman Avoids Jail Time For Embezzling From Nonprofit

A Kihei woman who embezzled over $24,000 from the nonprofit Hawaii Society of Professional Engineers avoided jail time. Client, 50, was volunteer treasurer for Hawaii Society of Professional Engineers, an organization that helps students become interested in math, science, and engineering, when she embezzled a total of $24,440 from October 19, 2012, to March 5, 2014. Embezzlement is a unique …

Welch Decided – Johnson is Retroactive

The Supreme Court held today in Welch v. United States, No. 15-6418 that the rule announced in Johnson is substantive and thus retroactive, 7-1, Justice Kennedy writing the opinion and Justice Thomas the lone dissent. See

Kahului Man Gets Year In Prison For Sexual Contact With Young Girl

Maui attorney Cary Virtue’s Client, 36, was sentenced to one year of prison for sexual contact with a pre-teen girl who was living under the same roof with him and her mother and others. He was also placed on five years of probation and ordered to participate in sex offender treatment. It all came to light last year when Wailuku …

Fine Suspended By Judge Against Makawao Parade Organizer

A $100 fine was suspended by Judge Kelsey Kawano against Makawao parade organizer for a complaint filed against her by the Maui County. Maui attorney Cary Virtue defended Client who was summoned to court by the Maui County for staging horses in the Veteran’s Cemetery parking lot, as she has done for the past 22 years without hassle, for the …

10-Year Prison Term For Career Criminal

Attorney Cary Virtue Client, 32, of Kihei, Maui, has been in the criminal justice system since about 14 years of age, with a criminal history that includes 42 arrests and 16 convictions. Client has now been sentenced to ten years of prison for his two latest incidents of November 2014, plus a resentencing for a 2009 case. In the November …

Lahaina Man Ordered To Pay Restitution For Crash Injuries

On August 15, 2013, at 1:45am, Aisha Malik was crossing Honoapiilani Highway, near Hoohui Road in Napili, when Attorney Cary Virtue’s Client collided into her with his motorcycle. Client, who was not wearing a helmet, had head injuries and required numerous implants throughout his body, while Malik suffered a punctured lung, lacerated liver and multiple broken bones including her legs, …