Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Second Circuit affirmed Ghislaine Maxwell's conviction and sentence for sex trafficking and related offenses involving minors. The court rejected Maxwell's arguments that a prior non-prosecution agreement barred her prosecution, that the indictment was untimely, and that jury misconduct or improper instructions warranted a new trial.
The Ninth Circuit granted a petition for review and remanded an immigration case where the agency failed to properly evaluate documentary evidence supporting a claim of past persecution. Although the court found substantial evidence supported the agency's adverse credibility determination, the agency's misreading of key documents required a new evaluation of the petitioner's asylum claim.
The Ninth Circuit affirmed the dismissal of Thomas Creech's third federal habeas petition as a barred second or successive claim. The court held that Creech's Eighth Amendment argument regarding evolving standards of decency was ripe years ago and could have been raised in his prior proceedings.
The D.C. Circuit certified a critical question of District of Columbia tort law to the D.C. Court of Appeals regarding whether a passenger who involuntarily falls from a platform ledge becomes a trespasser. Because no controlling precedent exists to determine the transit authority's duty of care in this specific scenario, the case is remanded pending the higher court's decision.
The Ninth Circuit held that a Washington state harassment conviction categorically qualifies as a crime of violence, barring the petitioner from cancellation of removal and other discretionary relief. The court also affirmed the denial of Convention Against Torture relief due to insufficient evidence of a specific threat of torture upon return to Mexico.
The Second Circuit addressed challenges to New York's firearm regulations, affirming some injunctions and vacating others. The court's decision impacts the enforcement of several provisions of the Concealed Carry Improvement Act.
The Second Circuit addressed challenges to New York's firearm regulations, affirming some injunctions and vacating others. The court's decision impacts the enforcement of several provisions of the Concealed Carry Improvement Act.
The D.C. Circuit affirmed Thomas Robertson's conviction for obstructing the Electoral College vote certification, ruling that his participation in the January 6 riot constituted acting "corruptly" through independently felonious means. The court further rejected Robertson's sentencing challenges, upholding an 87-month prison term based on the substantial interference caused to the administration of justice.
The United States Court of Appeals for the Tenth Circuit affirmed the dismissal of a habeas corpus petition filed by a state prisoner. The court held that the prisoner's original state post-conviction application was not properly filed because it lacked the required sworn statement from the applicant regarding facts within his personal knowledge.
The Second Circuit affirmed the convictions of Joseph Percoco and Steven Aiello for honest-services wire fraud, ruling that while a jury instruction regarding 'as opportunities arise' was legally flawed, the error was harmless. The court further reaffirmed that non-employees may owe fiduciary duties to the public if they dominate governmental business and are relied upon by officials.
