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SCOTUS: Honest-Services Fraud Jury Instructions Regarding Private Citizen Too Vague
by Richard Resch
The Supreme Court of the United States held that a trial court’s jury instructions on the standard as to whether a private citizen owes a fiduciary duty to the public and a breach thereof may serve as the basis for a conviction for honest-services fraud were too ...
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More from this issue:
- The Inevitability of Central Bank Digital Currencies and Their Threat to Human Rights, by Anthony Accurso
- SCOTUS Announces ‘Right-to-Control’ Theory Not Valid Basis for Liability Under Federal Wire Fraud Statutes, by Richard Resch
- Texas Court of Criminal Appeals: Trial Court Deprived Defendant of Opportunity to Present Complete Defense, by Douglas Ankney
- SCOTUS: Honest-Services Fraud Jury Instructions Regarding Private Citizen Too Vague, by Richard Resch
- New Commission in Georgia Will Discipline and Remove Prosecutors Who Are Seen as Not Tough Enough on Crime, by Jo Ellen Nott
- Fifth Circuit: Placing Jacket Within Fenced-In Area of Home in Presence of Police Evidences Clear Intent Not to Abandon It, Warrantless Search Violates Fourth Amendment Rights, by Richard Resch
- California Court of Appeal Reiterates ‘Three Strikes’ Law Does Not Limit ‘Presentence’ Custody Credits, Defendant Entitled to Credits Calculated Under Penal Code § 4019, by Douglas Ankney
- Ninth Circuit: Government’s Inflammatory Arguments in Sentencing Memorandum and at Sentencing Hearing Implicitly Breached Plea Agreement Promise Not to Recommend Sentence in Excess of Low-End Guidelines Range, by Douglas Ankney
- Georgia Supreme Court Announces Overruling Longstanding Rule That Anything Filed by Defendant While Represented by Counsel Is Always a ‘Legal Nullity’, by Douglas Ankney
- Fourth Circuit: Denial of Motion for Compassionate Release Abuse of Discretion Where District Court Failed to Properly Address Numerous Health Issues, Advanced Age, and Relevant § 3553(a) Factors, by Douglas Ankney
- Fourth Circuit Declines to Enforce Appeal Waiver and Procedural Default Excused by ‘Cause and Actual Prejudice,’ Reverses Denial of § 2255 Motion to Vacate § 924(c) Conviction Based on Hobbs Act Conspiracy, by Douglas Ankney
- Saul Kassin Probes Dangerous Practices in ‘Duped: Why Innocent People Confess-and Why We Believe Their Confessions’, by James Doyle
- Fourth Circuit: Counsel Ineffective for Failing to Raise Change in Sentencing Precedent Following Remand, by David Reutter
- Fourth Circuit Holds Ineligibility for First Step Act Safety Valve Relief Requires Proof of All Three Listed Criminal History Characteristics Satisfied, Widening Circuit Split, by David Reutter
- First Circuit: Plain Error Where District Court Based Upward Variant From Sentencing Guidelines Range on New Information Not Already in the Record at the Time of Sentencing, by Douglas Ankney
- Indiana Supreme Court: Petitioner Entitled to File Belated Appeal More Than 21 Years After Conviction, Holding He Acted ‘Promptly’, by Douglas Ankney
- Fourth Circuit Announces Rehaif Applies to All § 922(g) Firearms-Possession Offenses and Applies Retroactively to Initial § 2255 Motions, by Douglas Ankney
- Arkansas Supreme Court Reverses 11 Counts of Possession of Child Pornography Because CGI Images Do Not Depict Image of a Child, by Douglas Ankney
- Specialized Police Units Hunt People for ICE, by Keith Sanders
- Banishment: Using an Ancient Solution to Address a Modern Problem, by Benjamin Tschirhart
- Police Can Get More From Your Phone Than You May Believe, by Michael Thompson
- Civilian Police With Military Equipment, by Edward Lyon
- Cops Aren’t Just Murdering People With Impunity – They Also Conduct Bogus Traffic Stops, by Anthony Accurso
- Inspector General Report: FBI Routinely Abused Access to Private Communications, by Eike Blohm, MD
- New Orleans Authorizes Facial Recognition to Identity Suspects, by Michael Thompson
- Financial Pressure Finally Brings Police Reform, by Jayson Hawkins
- The ACLU Calls for a Moratorium on Blanket Recording of ALPR Footage, by Kevin Bliss
- Police Sketch Bot Arrives, by Carlo Difundo
- Police Study Shows That Reform and Effectiveness Are Not Mutually Exclusive, by Benjamin Tschirhart
- ‘Contagion Effect’ Spreads Brutality Among Police Officers, by Eike Blohm, MD
- Memphis Police Beat Man to Death, by Kevin Bliss
- America’s Latest “War on” … Protestors, by Casey Bastian
- Minnesota Abolishes Life Without Parole for Juveniles, by Jordan Arizmendi
- Louisiana Jury Selection Illegal According to Recently Passed Bill, by Kevin Bliss
- News in Brief
More from Richard Resch:
- From the Editor, Dec. 15, 2024
- New York Court of Appeals Overturns Harvey Weinstein’s Convictions Based on Trial Court Rulings That Admitted Prejudicial ‘Prior Bad Acts’ Into Evidence and Violated His Right to Testify in His Own Defense, June 15, 2024
- SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment, May 15, 2024
- Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made, March 15, 2024
- New York Court of Appeals Announces Traffic Stop of Bicyclist Is Seizure Under Both Fourth Amendment and State Constitution Requiring Reasonable Suspicion of Crime or Probable Cause of Traffic Violation, March 15, 2024
- First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand, Jan. 15, 2024
- Texas Court of Criminal Appeals Clarifies Application of ‘Estoppel’ in Plea Bargain Context and Holds Trial Court Lacked Jurisdiction to Revoke Community Supervision After Statutory Term Expired, Dec. 15, 2023
- Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge, Dec. 15, 2023
- Colorado Supreme Court Announces ‘Self-Serving Hearsay’ Statements Introduced Under Rule of Completeness Not Hearsay and Do Not Render Defendant Impeachable, Nov. 1, 2023
- New York Court of Appeals Suppresses Evidence Because Police Lacked Reasonable Suspicion Necessary for Level 3 Stop and Frisk Under De Bour Framework, Oct. 1, 2023
More from these topics:
- Missouri Moms Jailed After Kids Miss Too Much School, April 1, 2024. Family, Mothers in Prison, Children of Prisoners, Vagueness/Overbreadth.
- California Court of Appeal: Probation Condition Prohibiting Possession of Pornography Impermissibly Vague, Jan. 15, 2024. Vagueness/Overbreadth, Pornography/Pornography Laws, Conditions of, Possession of Pornography, Delegation of Authority.
- Second Circuit Upholds Connecticut Prison Porn Ban, Sets Up Circuit Split Over “Vagueness” Test, June 15, 2023. Censorship, Vagueness/Overbreadth, Pornography/Pornography Laws.
- SCOTUS Announces Government Must Prove Physicians in § 841 Prosecutions ‘Knowingly and Intentionally’ Exceeded Their Authorization to Prescribe Controlled Substances, Such as Opioids, Sept. 15, 2022. Knowingly and Intelligently, Jury Instructions in Jury Room, Drug Equivalency Tables.
- Maryland Court of Appeals: Kazadi Applies to Cases Where Issue Was Preserved at Trial but Appeal Not Yet Noted at Time Kazadi Decided, July 15, 2022. Jury Instructions in Jury Room, Claim of Innocence.
- Colorado Supreme Court Announces ‘Reasonable Likelihood’ Framework for Determining Whether Trial Court’s Comments to Prospective Jurors Lowered Prosecution’s Burden of Proof, July 15, 2022. Jury Instructions in Jury Room, Burden of Proof, Improper Comment.
- Kansas Supreme Court Announces Residual Clause of Law Prohibiting Knife Possession by Felons Unconstitutionally Vague, Oct. 15, 2020. Felon in Possession Statute, Vagueness/Overbreadth.
- Minnesota Supreme Court: Coercion Statute Unconstitutionally Overbroad, Oct. 15, 2020. First Amendment, rights, Vagueness/Overbreadth.
- California Court of Appeal Grants Habeas Relief Over Failure to Instruct Jury on ‘Heat of Passion’, Sept. 15, 2020. Ineffective Assistance of Counsel, Jury Instructions in Jury Room.
- Texas Court of Criminal Appeals: Failure to Include ‘Or Others’ in Jury Instruction for Self-Defense Against Multiple Assailants Deprived Defendant of Defense, May 15, 2020. Jury Instructions in Jury Room.