Criminal Law Reporter Index-Summary

IDENTIFICATION EVIDENCE AND PROCEDURE

– Confrontation right, opportunity for cross-examination of hypnotized witness (Ill.), In Brief, 85:142
– Investigative detention, reaching into handcuffed suspect's pocket for identification (Tex. Crim. App.), In Brief, 85:48
– Palm crease expert identification of sex abuser's hand in photograph proper (Me.), 84:525
– Photographic arrays, protocols for presenting to eyewitnesses set (Mass.), 85:275
– Suggestiveness of procedure arranged by private citizen, state constitutional law (N.Y.), In Brief, 85:417

IDENTITY THEFT

– Aggravated identity theft

– – Existence of real person whose identity is stolen (U.S., rev grant), 84:122; (oral arg), 84:618; knowledge of actual victim required (rvs and rem), 85:172; text, 85:190
– – Federal law requires proof defendant knew ID belonged to real person (U.S., rev sought), 84:364; (rev den), 85:258
– – Forged signature is means of identification (9th Cir.), 84:307

– Consecutive sentence, statute mandating does not forbid variance on other counts (1st Cir.), 85:78
– Federal sentencing guidelines, production of counterfeit access device (1st Cir.), In Brief, 84:334
– Obtaining bogus default judgments violated state law (Neb.), 84:682
– Scams using fictional person's data, statutory term “another” excludes (Haw.), 85:219
– Scienter, jury instructions, harmless error (2d Cir.), In Brief, 85:241

IMMIGRATION

See ALIENS AND CITIZENSHIP

IMMUNITY

– Absolute judicial immunity covers denial of access to court appointments (5th Cir.), 85:105
– Cigarette smuggling, immunity re underlying crime does not bar prosecution for conspiracy (9th Cir.), 84:141
– Civil rights

– – Booking probation violator as parole violator, delay in judicial review of confinement (6th Cir.), In Brief, 84:631
– – Governor's wrongful denial of parole (U.S., rev den), 84:56
– – Wrongful dismissal of grand juror (D.C. Cir.), In Brief, 85:357

– Federal Tort Claims Act waiver applies to false arrest and malicious prosecution claims (11th Cir.), 84:209; opinion replaced, Case Update, 84:551
– Foreign prosecutors, agreement did not bar government from handing proffer over (9th Cir.), 85:174
– Informer data sharing, supervisory prosecutors not immune from civil rights suit for failing to train subordinates (U.S., rev grant), 84:18; (oral arg), 84:195; (rvs and rem), 84:445; text, 84:468
– Interlocutory appeal of order requiring witness to testify (Ark.), In Brief, 84:212
– Prisons and jails

– – Public health workers not immune from job-related constitutional tort claims (9th Cir.), 84:86
– – Religious Land Use and Institutionalized Persons Act (RLUIPA)

– – – Receipt of federal funds does not waive sovereign immunity against suit (6th Cir.), 85:179
– – – State prison officials, inmates do not have right to sue in individual capacity (5th Cir.), 84:567

– Proffer agreement allowing impeachment use of statements, use of immunized statements in prosecution case-in-chief (8th Cir.), In Brief, 85:107
– Search and seizure, “consent-once-removed” exception to warrant requirement, qualified immunity (U.S., oral arg), 84:151; (judg rvs), 84:444
– Sexually violent predators, civil confinement conditions, hospital officials denied immunity (U.S., judg vac), 85:311
– Terrorism, Bivens claim against cabinet-level officer, liability for acts of subordinate officials (U.S., oral arg), 84:339; suit should be dismissed (rvs and rem), 85:238; text, 85:244

IMPEACHMENT

– Admissibility of defendant's priors, judge must rule as soon as feasible (Ill.), 84:527
– Character witnesses, prior convictions, preservation of issue (Ariz. Ct. App.), In Brief, 84:609
– Exclusionary rule, statements elicited by jailhouse snitch may not be used to impeach defendant (U.S., rev grant), 84:42; (oral arg), 84:513; (rvs and rem), 85:171; text, 85:186
– Prior convictions

– – Opening door with denial of criminal character (Ill.), In Brief, 84:353
– – Witness may not be cross-examined re details (9th Cir.), 85:217

– Proffer agreement allowing impeachment use of statements, use of immunized statements in prosecution case-in-chief (8th Cir.), In Brief, 85:107

INDICTMENT AND INFORMATION

– Conspiracy indictment need not allege facts making it illegal to possess cold medicine (Miss.), 84:326
– Embezzlement, variance between indictment and jury instruction (Va.), In Brief, 84:212
– Guilty pleas, waiver of failure to allege basis for sentence enhancement (Fla.), In Brief, 84:684
– Pre-indictment delay, due process (W. Va.), In Brief, 85:418
– Presence of accused, waiver by absconding after receiving actual notice of trial date does not apply to charges added in superseding indictment (N.J.), 84:630
– Prosecutorial misconduct, overcharging, prejudice from multitude of counts (Ky.), In Brief, 85:222

INDIGENTS

– Absolute judicial immunity covers denial of access to court appointments (5th Cir.), 85:105
– Habeas corpus, appointment of counsel for adult collateral challenge to juvenile adjudication (Tex.), In Brief, 85:417
– Prison Litigation Reform Act, leave to proceed in forma pauperis on appeal (10th Cir.), In Brief, 85:13
– Reimbursement for defense costs, law requiring from acquittees must have means test (Iowa), 85:353
– Requiring guilty-pleading defendants to waive appointed appellate counsel (Mich. Ct. App.), In Brief, 85:222
– Right to counsel

– – Capital punishment, interrogation, defendant acceptance of appointed counsel (U.S., oral arg), 84:494; (vac and rem), 85:267; text, 85:281
– – Misdemeanants' first review by post-conviction proceeding (Minn.), In Brief, 85:278

INEFFECTIVE ASSISTANCE OF COUNSEL

– Conflicts of interest, standards for assessing (Cal.), In Brief, 84:410
– Credibility of overlooked witness crucial to post-conviction review (Pa.), 85:9
– Defense counsel correction of witness's false testimony not ineffective (2d Cir.), 84:540
– Defense counsel duty to inform probationer of right to appeal revocation (S.C.), In Brief, 85:183
– Disqualification of judge, failure to seek, prejudice (Fla.), In Brief, 84:38
– Failure to file appeal, no prejudice presumed when client executed valid waiver (U.S., rev sought), 84:394; (rev den), 85:399
– Failure to object to opinion that victim's death was homicide (Mo.), In Brief, 84:167
– Failure to pursue claim counsel believes is doomed to fail not ineffective (U.S., rvs and rem), 84:675; text, 84:688
– Failure to seek severance of child pornography and sexual assault charges ineffective (Wash.), 85:100
– Guilty pleas

– – Immigration consequences, affirmative misadvice not ineffective (U.S., rev sought), 84:365; (rev grant), 84:582
– – Withdrawal prior to sentencing (9th Cir.), In Brief, 84:166

– Habeas corpus claim re restitution (7th Cir.), In Brief, 85:241
– Mandatory sentence enhancement, failure to challenge not ineffective (6th Cir.), 85:213
– Prejudice from counsel failure to convey plea offer (S.C.), In Brief, 84:685
– Public defender failure to move to withdraw due to excessive caseload ineffective (Cal. Ct. App.), 84:681
– State's appeal, failure to file brief (Mass.), In Brief, 84:117
– Undisputed breach of ethics rule not per se ineffective (9th Cir.), 84:605
– Withdrawal from representation, prejudice required to prove ineffectiveness (Conn.), 85:327
– Written jury-trial waiver, prejudice inquiry must focus on whether client would have opted for jury after oral colloquy (U.S., rev den), 84:54

INFORMERS

– Data sharing, supervisory prosecutors not immune from civil rights suit for failing to train subordinates (U.S., rev grant), 84:18; (oral arg), 84:195; (rvs and rem), 84:445; text, 84:468
– Predictive tip, police corroboration does not provide probable cause (Vt.), 84:500
– Statements during recorded interview only partly testimonial (Conn.), 84:234

INTERNATIONAL LAW

– EU/U.S. law enforcement data transfers, EU official recommends clearer guidelines, 84:217
– Foreign prosecutors, immunity agreement did not bar government from handing proffer over (9th Cir.), 85:174
– Vienna Convention, failure to advise of treaty right to contact consulate, foreign national arrestee may not sue government (U.S., rev sought), 84:20; (rev den), 84:93

INTERNET

– Craigslist reaches deal with state attorneys general and National Center for Missing and Exploited Children to shut down ads for Internet-based sex trade, 84:244
– E-mail

See E-MAIL

– National security letters to Internet service providers, gag order law altered to comply with 1st Am. (2d Cir.), 84:329
– Private party defense, would-be online sexual predator cannot rely on (7th Cir.), 84:307
– Supervised release, total ban on home access by convicted child molester overbroad (1st Cir.), 84:503
– “Wall of Shame” Web site, posting DWI arrestee data improper (N.Y. Sup. Ct.), 84:260

INTERROGATIONS AND CONFESSIONS

– Absence of right to counsel abroad does not block use of confessions (2d Cir.), 84:252
– Agent misrepresentation re point of interview made confession involuntary (U.S., rev sought), 84:247; (rev den), 84:386
– Arrestee confession given after unreasonable delay in bringing before judge barred (U.S., vac and rem), 85:35; text, 85:52
– Capital punishment, right to counsel, indigent defendant acceptance of appointed counsel (U.S., oral arg), 84:494; (vac and rem), 85:267; text, 85:281
– Custody

– – Confrontation with fingerprint evidence (Fla.), In Brief, 84:529; (U.S., rev sought), 85:340
– – Interview of student in principal's office (Neb.), In Brief, 85:143
– – Questioning in stationhouse parking lot (Mass.), In Brief, 85:182

– Deception by interrogators not coercive unless motivation to confess extrinsic to guilt introduced (1st Cir.), 84:136; (U.S., rev sought), 84:556; (rev den), 84:585
– Jury instructions, failure to follow state law on recording interrogations (7th Cir.), In Brief, 84:332
– Juvenile offenders, restrictions apply regardless of officer knowledge of age, rehearing granted (9th Cir.), 84:456
– Miranda rights

– – Badgering young suspect made confession after advisement involuntary (9th Cir.), 84:257
– – Continued dialogue with interrogators did not make invocation of right to silence ambiguous (Neb.), 84:524
– – Failure to expressly advise defendant of right to have counsel present during questioning invalid (Fla.), 84:29; (U.S., rev sought), 85:264; (rev grant), 85:447
– – Invocation of right to counsel, passage of time alone does not remove (U.S., rev sought), 84:438; (rev grant), 84:485
– – Police interpreter efforts to advise Spanish-speaking suspect insufficient (Iowa), 85:350
– – Pre-warnings pressuring of suspect to cooperate (1st Cir.), In Brief, 84:145
– – Questioning in conference room in workplace, suspect was not in custody (9th Cir.), 85:6
– – Waiver, state action primary focus of inquiry (6th Cir.), 84:624

– Question first, warn later interrogations, broad exclusionary rule adopted (Tex. Crim. App.), 84:324
– Right to counsel

– – Interview by child protective services agent (R.I.), In Brief, 84:382
– – Prohibition of questioning of suspect who has invoked, rescue exception (Cal.), In Brief, 85:392
– – Unequivocal request (Tex. Crim. App.), In Brief, 84:548
– – Waiver, reinitiation of questioning by police (Ark.), In Brief, 84:88

– Warnings requirement, public safety exception, 6-week-old crime (D.C. Cir.), In Brief, 85:393

INVESTIGATIVE DETENTIONS

– Handcuffing suspect due to height advantage (Cal. Ct. App.), In Brief, 84:240
– Opaque container, officer must tell why frisk would have been futile to justify look inside (Md.), 84:560
– Reaching into handcuffed suspect's pocket for identification (Tex. Crim. App.), In Brief, 85:48
– Reasonable suspicion

– – Anonymous informer tip re man with gun

– – – (7th Cir.), In Brief, 84:381
– – – (Fla.), In Brief, 84:88

– – Frisk of drug dealer (Mass.), In Brief, 85:85
– – Frisk of drunken driver (9th Cir.), In Brief, 85:85
– – 911 call reporting loud argument in public, state constitutional law (Alaska), In Brief, 85:277
– – Pointed questions giving rise to seizure requiring (Vt.), In Brief, 85:358
– – Protective frisks of pedestrians (Mass.), In Brief, 84:410
– – Seizures of pedestrians, officer repeated order that individual remove hands from pockets (Ill. App. Ct.), In Brief, 85:107
– – Sunday driving by individuals with restricted driving permits (Ill. App. Ct.), In Brief, 85:85

– Retention of pedestrian identification (1st Cir.), In Brief, 84:240