Parse was charged with one count of conspiracy to defraud the U.S., to commit mail and wire fraud and tax evasion. "Following a three-month trial at which 41 witnesses testified and some 1,300 exhibits were admitted, the jury on May 24 returned a split verdict. It found Parse guilty on two counts--the substantive mail fraud and obstruction charges described above--and found him not guilty on the other four counts against him…." A juror, a disbarred attorney, lied to sit on th
The Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e), imposes a 15‐year mandatory minimum sentence on violators who have three previous convictions for a violent felony or a serious drug offense “committed on occasions different from one another.” Issue: "in determining whether crimes were committed “on occasions different from one another,” is a court at sentencing is limited to examining only materials approved by the Supreme Court in Taylor v. United States, 495 U.S.
This is the appeal of a decision of the SDNY to grant Petitioner-Appellee Julio Alvarez a writ of Habeas Corpus under 28 U.S.C. § 2254 based on the New York state trial court’s violation of Alvarez’s Sixth Amendment Confrontation Clause right. The State trial court prohibited Alvarez from questioning a detective as to whether the police had pursued provided leads contained in an investigative report. The Second Circuit finds this to be error and, by doing so, “the trial court
After invoking his Miranda Rights, the Second Circuit found that the Defendant-Appellant could revoke his invocation of his Miranda rights and submit to interrogation and confessions which formed the basis for several murder convictions after trial. The evidence for this conviction of murder was obtained when the Defendant-appellant was already incarcerated and serving a term of imprisonment for an unrelated offense. He was questioned, invoked his rights and then, as the agen
The government recovered a Yahoo transcript between Defendant Ledee and a mother and her child (referred to as KO) describing various sexual acts a mother performed via webcam with her child, KO. The government executed a warrant and confronted Ledee up where “Ledee also admitted that he was masturbating during the chat session and could see KO’s mother sexually abusing KO via the webcam.” “On March 30, 2012, prior to trial, the government moved to close the courtroom during