BLOG BULLETS: A recent DOJ memo on eyewitness identification contains recommended procedures to help prevent erroneous identifications, including either blacking out unique identifying characteristics or adding them to the “filler” photos; administration by an officer who doesn’t know who the suspect is or doesn’t know the order in which photos are presented; and videotaping or […]

BLOG BULLETS: Lawyers have a broad duty of confidentiality toward their clients that goes beyond the attorney-client privilege and includes all information relating to the representation, no matter what the source is. There is a “self-defense” exception which allows disclosure when necessary to defend against allegations by the client about the lawyer’s representation, but disclosure […]

BLOG BULLETS: Older cases placing the burden of proof for sentencing entrapment on the defendant are based on the general guidelines rule that the burden is on the party seeking an adjustment of the guideline range. The Ninth Circuit’s recent recognition of sentencing entrapment as a jury question in some circumstances means guidelines rules shouldn’t […]

BLOG BULLETS: Remember the partial defense of sentencing entrapment; even if a defendant was predisposed or wasn’t induced to sell some amount of drugs, he may be induced and not predisposed to sell a larger quantity. A Ninth Circuit case – United States v. Cortes, 757 F.3d 850 (9th Cir. 2014) – establishes that the question of […]