Topic
Every decision we've filed under Constitutional.
The Second Circuit affirmed Robert Sylvester Kelly's RICO and Mann Act convictions, ruling that sufficient evidence supported each count and that the underlying state laws were constitutional as applied to him. The court rejected claims of juror bias, ineffective assistance during voir dire, and errors in evidentiary rulings and restitution orders.
The Ninth Circuit reversed a district court order compelling a law firm to submit a privilege log to the government, holding that such a log would violate the client's Fifth Amendment privilege against self-incrimination. The court ruled that when documents are protected under Fisher v. United States, an in camera review by the judge is generally required before any disclosure can be made.
The Second Circuit affirmed the $5 million judgment against Donald Trump, ruling that the district court properly admitted evidence of prior sexual misconduct and a 2005 recording under Federal Rules of Evidence 415 and 404(b). The court held that Trump failed to demonstrate any reversible error or that such rulings affected his substantial rights, thereby denying his request for a new trial.
The Second Circuit affirmed Andrew Davis's conviction for conspiracy to commit money laundering, ruling that circumstantial evidence sufficiently linked his girlfriend's cash deposits to his drug trafficking proceeds. The court also rejected ten pro se arguments regarding ineffective assistance, double jeopardy, and sentencing enhancements as meritless, forfeited, or premature.
The Second Circuit held that New York's ban on physically displaying ivory for sale constitutes a content-based restriction on commercial speech subject to strict scrutiny. The court found the state failed to prove the ban was narrowly tailored, as less restrictive alternatives were available to prevent illegal sales.
The Second Circuit held that prisoners with multiple concurrent sentences cannot earn First Step Act time credits for eligible counts once any single count involves an ineligible offense. The court ruled that the Bureau of Prisons must aggregate all concurrent sentences into a single term for administrative purposes, rendering the entire imprisonment ineligible.
The Second Circuit vacated a district court ruling that found New York City's Guaranty Law unconstitutional, holding that the plaintiffs lacked Article III standing at the summary judgment stage. Because the City has disavowed any intent to enforce the law against the landlords, there is no credible threat of injury to redress through federal court.
The Second Circuit held that proceeding to trial without a competency inquiry was objectively unreasonable given the petitioner's cyclical history of incompetence. The court reversed the district court's denial of habeas relief and remanded with instructions to issue a conditional writ.
The Ninth Circuit affirmed the denial of Tahawwur Hussain Rana's habeas petition challenging his extradition to India. The court held that the extradition treaty's double jeopardy exception applies to charged crimes with distinct elements, not underlying acts, allowing extradition despite Rana's prior U.S. acquittal.
The Ninth Circuit affirmed a preliminary injunction requiring Oregon to provide counsel to indigent criminal defendants within seven days of their initial appearance or release them from custody. The court held that the systemic failure to provide counsel constitutes an extraordinary circumstance that overrides the Younger abstention doctrine and justifies federal intervention to protect Sixth Amendment rights.