BLOG BULLETS: The government is claiming the right to read attorney-client e-mails over the BOP Corrlinks/Trulincs system, so be careful about using the system. The government claims there is no attorney-client privilege, but the authority it cites can be challenged, and there’s non-privilege arguments that courts should preclude the government from reading the e-mails. The […]

Former Bell Mayor George Cole, sentenced Wednesday to home confinement for his role in the small city’s corruption case, said after the verdict that is filled with shame and remorse for the scandal. A onetime steelworker and the son of a Presbyterian minister, Cole was ordered to sentenced to 180 days of home confinement and […]

BLOG BULLETS: The government often errs by charging continuing thefts over a period of time as a single theft of the larger amount when it’s really multiple separate thefts of the smaller amounts. Both older case law and more recent case law reaffirming the older case law support challenges to indictments charging a single theft […]

BLOG BULLETS: In the recent case of United States v. Aguilera-Rios, the Ninth Circuit reaffirmed its rejection of the argument that all affirmative defenses have to be considered in comparing statutes under the categorical approach and heldMoncrieffe v. Holder doesn’t require a different result. But Moncrieffe does require consideration of what the court called “definitional […]

BLOG BULLETS: The Ninth Circuit hasn’t yet decided whether to follow theCrowder majority opinion discussed in last week’s post, so you can argue it should follow the dissent in Crowder. The Second Circuit still takes the position that an offer to stipulate to the element or fact on which Rule 404(b) evidence is offered creates […]