James Taylor

Correspondent

James Taylor

Capitol Hill correspondent, covers legislative and political stories.

Criminal Justice

Decisions covered by James Taylor

2,517 decisions
Mar 11 2024
9th Cir. 21-895 Published

Milly Kalulu v. Merrick B. Garland, Attorney General

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.

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Dec 29 2023
United States Court… 22-7154 Panel Decision

CAMEROON WHITERU v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

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.

Civil Tort / Personal Injury
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Dec 27 2023
9th Cir. 21-456 Published

Rodriguez-Hernandez v. Garland

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.

Civil Immigration (Civil)
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Oct 20 2023
United States Court… 22-3062 Panel Decision

UNITED STATES OF AMERICA v. THOMAS ROBERTSON

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.

Criminal Robbery & Extortion Sentencing Guidelines
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Oct 31 2022
10th Cir. 4:23-CV-00181-JFH-CDL Panel Decision

Sitsler v. Harding

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.

Constitutional Habeas Corpus - State Prisoner (28 USC 2254)
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Sep 8 2021
2nd Cir. 18-3710 Panel Decision

United States v. Percoco

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 technically flawed, the error was harmless given the overwhelming evidence of specific quid pro quos. The court further reaffirmed that non-officials who dominate and control government business owe a fiduciary duty to the public, rejecting arguments that Percoco's status as an unaffiliated advisor shielded him from liability.

Criminal Fraud
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Sep 8 2021
2nd Cir. 19-1272 Panel Decision

United States v. Percoco

The Second Circuit affirmed the honest-services fraud convictions of Joseph Percoco and Steven Aiello, ruling that while a jury instruction regarding 'as opportunities arise' was technically flawed, the error was harmless given the overwhelming evidence. The court further reaffirmed that non-employees can owe a fiduciary duty to the public if they dominate and control government business, rejecting the argument that Percoco's status as an unofficial advisor exempted him from liability.

Criminal Fraud
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