US v. Barnes, No. 06-2129
Suppression of evidence seized during a body cavity search is vacated and remanded where further proceedings are necessary to determine whether an officer ordering the search possessed sufficient credible information to establish a reasonable suspicion that defendant was concealing drugs internally
Showing posts with label error. Show all posts
Showing posts with label error. Show all posts
Wednesday, October 31, 2007
Wednesday, October 10, 2007
Habeas corpus there is a clearly established federal due process protection against a trial court's reliance on materially false information at senten
Stewart v. Erwin, No. 05-4635
Denial of a petition for a writ of habeas corpus in a sexual battery case is reversed and remanded to supplement the record or grant the writ as: 1) although there is no clearly established federal constitutional right to full disclosure of all information used by a trial judge in determining a defendant's sentence; 2) there is a clearly established federal due process protection against a trial court's reliance on materially false information at sentencing; and 3) it was not possible to ascertain whether such a violation might have occurred here, where a portion of the materials used in determining the sentence have been withheld from federal court review, and where the limited record suggested a reasonable possibility that at least some of the sentencing information might have been erroneous.
Denial of a petition for a writ of habeas corpus in a sexual battery case is reversed and remanded to supplement the record or grant the writ as: 1) although there is no clearly established federal constitutional right to full disclosure of all information used by a trial judge in determining a defendant's sentence; 2) there is a clearly established federal due process protection against a trial court's reliance on materially false information at sentencing; and 3) it was not possible to ascertain whether such a violation might have occurred here, where a portion of the materials used in determining the sentence have been withheld from federal court review, and where the limited record suggested a reasonable possibility that at least some of the sentencing information might have been erroneous.
Labels:
Criminal Law,
error,
habeas corpus,
incorrect information,
sentencing
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