Case Summaries

Criminal Law & Procedure

[10/03] Dombrowski v. Mingo
In conviction for burglary of a dwelling and grand theft, denial of petition for writ of habeas corpus is affirmed where: 1) clearly established federal law in the form of Supreme Court precedent did not afford petitioner right against self-incrimination before soliciting his admission to prior conviction for sentencing enhancements; and 2) as such, petitioner's petition for writ of habeas corpus was correctly denied by the district court.

[09/29] Inquiry Concerning a Judge, No. 07-540 Re: Maxwell
Recommendation for a public reprimand is approved for a judge who secured the release of a domestic-violence defendant upon the personal request of a former colleague, despite defendant's being ineligible for pretrial release.

[09/29] Florida v. Powell
Reversal of conviction for being a felon in possession of a handgun is affirmed where the failure to provide express advice of the right to the presence of counsel during questioning vitiated Miranda warnings which advise of both a) the right to talk to a lawyer "before questioning"; and b) the "right to use" the right to consult a lawyer "at any time" during questioning.

[09/29] Inquiry Concerning a Judge, No. 06-52 Re: Aleman
Recommendation for a public reprimand is approved for a judge who imposed unreasonable requirements on defense attorneys who moved for her disqualification in a capital murder case, and subsequently threated the attorneys with contempt.

[09/29] Deparvine v. Florida
Conviction and death sentence for first-degree murder are affirmed over claims of error regarding: 1) the erroneous admission of hearsay statements; 2) the sufficiency of the indictment; 3) the sufficiency of the evidence used to convict; 4) the introduction of five victim impact witnesses in the penalty phase; 5) a for-cause challenge of a juror; 6) the constitutionality of Florida's capital sentencing scheme; and 7) the sufficiency of the sentencing order.

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