Wednesday, March 21, 2007

Unpublished Decisions Address Waivers, 2255 Petitions in Military Court, Arrest Warrants

West v. Ortiz, 2007 WL 706924 (3/9/07)(unpub'd) - The 10th makes exception to rule that raising an issue for the first time in a reply brief waives the issue where the S.Ct. issued a new decision and the government had a chance to address the issue in supplemental briefing.

U.S. v. Triplett, 2007 WL 779282 (3/16/07)(unpub'd) - The plea appeal waiver was enforceable on appeal of a resentencing, even though the government had waived its right to enforce the waiver during the first appeal.

Ackerman v. Novak, 2007 WL 766289 (3/15/07)(unpub'd) - The 2255 procedural restrictions do not apply to challenges to a military court-martial judgment because a military court is not a "court of the United States" under 2244 and 2255.

U.S. v. Foutch, 2007 WL 706939 (3/9/07)(unpub'd) - Officers with an arrest warrant had a reasonable belief the defendant was in the home, despite seeing a male run from the home when they announced their presence, where the woman answering the door was equivocal about his presence there.

U.S. v. Curls, 2007 WL 646153 (3/5/07)(unpub'd) - Curiously, while the 10th rejects an argument, it mentions that the same attorney raised the same argument in another case. The 10th holds that the failure to note the grand jury foreperson's name on the indictment does not violate the defendant's right to a public trial.

State of Oklahoma v. Smith, 2007 WL 646155 (3/5/07)(unpub'd) - The 10th refuses to remove the case to a "one Supreme Court" of the plaintiff's own making, established by the plaintiff and his associates after the case was remanded from federal court to state court.