Blogs

US Supreme Court Ruling Regarding Interrogation of Inmate While in Prison Without Miranda Warnings

On February 21, 2012, the Supreme Court Howes v. Fields reversed the United States Court of Appeals for the Sixth Circuit by holding that an interrogation of an inmate that lasted from five to seven hours, took place in a conference room within the confines of the prison, and concerned criminal activity outside of the prison was not in all instances a custodial interrogation requiring Miranda warnings.  In its holding, the Supreme Court made clear that it was rejecting a categorical rule that such interrogations are custodial per se.

Sixth Circuit Reverses S.D. Ohio On Child Pornography Sentencing Variance

On January 9, 2012, a panel of the United States Court of Appeals for the Sixth Circuit decided the case of U.S. v. Bistline. In an opinion written by Judge Raymond Kethledge, the Court reverses a lower court (Judge James L. Graham, S.D. Ohio) for imposing a sentence of one-day in the courthouse lock-up and 10 years of supervised release for possession of child pornography

Circuit Split on Retroactivity of FSA

On August 24, 2011, the United States Court of Appeals for the Seventh Circuit issued a series of opinions in the case of United States v. Holcomb that in effect affirm its earlier ruling that the language in the Fair Sentencing Act of 2010 governing (lower) mandatory minimum punishments applies only to criminal conduct that occurred on or after August 3, 2010.  This ruling is contrary to the position recently taken by Attorney General Eric Holder, Jr.

Video Replay of the Federal Criminal Practice Seminar

Our annual Federal Criminal Practice Seminar co-sponsored by the Federal Bar Association, Northern District of Ohio Chapter was a great success. We thank all that attended. For those of you who were unable to attend the seminar, and would like to attend the video replay, the link below will provide the dates and registration information.

Notice of Seminar Video Replay

Pages

Subscribe to RSS - blogs