Andrew D. Stine, P.A. - Florida Criminal Defence Attorney

(U.S. 6th Cir., Criminal Law & Procedure) In habeas proceedings involving a defendant convicted of attempted murder and felonious assault, district court's judgment finding that a state court unreasonably applied Supreme Court precedent when it determined that the trial court's declaration of a mistrial was manifestly necessary (and therefore not a violation of petitioner's Fifth Amendment rights) is reversed where the district court not only failed to abide by the deference required of Washington itself, but violated the AEDPA in concluding that the state court unreasonably applied Washington.

(U.S. 7th Cir., Criminal Law & Procedure, Habeas Corpus, Sentencing) In defendant's petition for habeas relief from his conviction for first-degree murder and sentence to an extended-term based on a finding that the murder was exceptionally brutal of heinous, denial of the petition is affirmed as defendant procedurally defaulted each of his claims and even if he adequately preserved his claim of ineffective assistance of counsel for federal review, he cannot show that counsel's failure to raise Apprendi error caused him prejudice.

(U.S. 9th Cir., Civil Rights, Constitutional Law, Criminal Law & Procedure, Government Law) In a 42 U.S.C. section 1983 action alleging that prison officials' deliberate indifference contributed to a violent assault on plaintiff by inmates, dismissal of the complaint for failure to exhaust administrative remedies is affirmed where the grievance filed by plaintiff was insufficient to put prison officials on notice of plaintiff's complaint that prison-staff conduct contributed to his assault.

(U.S. 2d Cir., Criminal Law & Procedure, Evidence, Sentencing) Defendant's drug conspiracy conviction and sentence are affirmed where: 1) a brief and fleeting comment on the defendant's incarceration during trial, without more, did not impair the presumption of innocence to such an extent that a mistrial is required; 2) the government never relied upon certain challenged testimony, and a curative instruction could easily have done more harm than good by focusing the jurors on two allusive references that they otherwise might have missed or construed as innocuous; and 3) defendant's sentence was unaffected by his juvenile drug offense.

(U.S. 7th Cir., Criminal Law & Procedure, Evidence, Sentencing) Conviction of defendant for being a felon in possession of a firearm and sentence to 120 months' imprisonment are affirmed where: 1) the officer had a reasonable basis for believing that defendant's mother had the authority to consent to the search of his computer and the computer case; 2) district court properly concluded that the officer did not exceed the scope of the mother's consent; 3) the district court did not err in denying defendant's request to raise an "innocent possession" defense; and 4) district court appropriately rejected defendant's section 5K2.11 argument and imposed a sentence that was reasonable.