Current News and Events

Case Summaries

Criminal Law & Procedure

[10/10] US v. DeFilippo
Conviction and sentence for conspiracy to racketeer, illegal gambling, and conspiracy to collect credit through extortionate means are affirmed over claims of error that: 1) the district court erred when it admitted testimony from a high-ranking member of the Bonanno Crime Family; 2) the murder of George Sciascia was not relevant conduct because it was not related to a conspiratorial object of which defendant was convicted; 3) the Government failed to rebut an alleged presumption that a person withdraws from a conspiracy when he is arrested; and 4) the district court erred in refusing to hold a hearing on that issue.

[10/09] US v. Banks
Order for a new trial after convictions on drug-related counts is affirmed where the trial court did not abuse its discretion by determining that information not disclosed by the government, which could have been used to impeach its expert witness, was material, and that defendant was prejudiced by the nondisclosure.

[10/06] Brown v. Delaware
Convictions of two defendants for felony murder, manslaughter, robbery, and conspiracy are reversed and remanded where defendants had presented some credible evidence supporting their alibi defense and, upon their request, an alibi instruction was therefore required.

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Family Law

[10/10] Lamour v. Peake
Denial of a request to reopen a claim for survivor benefits as the spouse of a veteran is vacated and remanded where the issue of whether claimant and decedent had a valid marriage was not considered with application of the "deemed valid" criteria in the relevant regulation, and since this aspect was the sole basis of the rejection of claimant's petition to reopen her claim.

[09/30] M.V. v. Superior Court of California
In a family law matter brought by mother seeking reunification with her infant after her incarceration and deportation for engaging in consensual sexual intercourse with a 15-year old boy, petition for a writ of mandate directing the trial court to vacate its order and to issue a new and different order continuing reunification services to a 12-month review is affirmed where the court erred in terminating reunification services and setting a .26 hearing by applying the 12-month review standard pursuant to section 366.21, subdivisions (f) and (g), instead of the six-month review standard pursuant to section 366.21, subdivision (e).

[09/25] In Re: Amendments to Fla. R. Juv. P.
Recommended amendments to the Rules of Juvenile Procedure to conform the rules and forms to recent legislation are adopted with a sixty-day comment period.

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