Eastern District of California Blog

Ninth Circuit Affirms EDCA Court's Miranda Suppression Order

2012-01-28T10:45:20-08:00

In this 2-1 unpublished decision, United States v. Blanford, 10-10337, the Ninth Circuit Thursday affirmed Judge Shubb's order suppressing defendant Joel Blanford's statements to federal agents (FBI agent John Sommercamp and IRS agent Christopher Fitzpatrick) because they failed to follow the requirements of Miranda during a police-dominated interrogation at Blanford's residence. Congratulations to defense attorney Michael Cardoza.

EDCA Denies Salyer's Motions To Suppress Wiretap Evidence

2012-01-28T10:18:43-08:00

According to the Monterey Herald, 1/13/12, Judge Karlton denied defendant Frederick Scott Salyer's motions to suppress wiretap evidence in his RICO/antitrust prosecution.

Ok, I'm a couple weeks behind on this one.

On Remand From Supreme Court, Ninth Circuit Affirms EDCA Denial Of Habeas Relief

2012-01-28T09:55:15-08:00

On remand from the Supreme Court, the Ninth Circuit yesterday affirmed the EDCA Court's denial of habeas relief in Diaz v. Adams, 08-15808 in light of Harrison v. Richter, 131 S.Ct. 770 (2011), reversing course from its prior decision, Diaz v. Clark, 08-15808, 11/29/10, which had granted habeas relief in the case on an ineffective assistance of counsel claim.

EDCA Court Holds California Prop 9 Parole Revocation Statute Unconstitutional

2012-01-26T09:16:22-08:00

In this Valdivia v. Brown, No. 94-671-LKK order, Judge Karlton held California's Proposition 9 to be unconstitutional because its changes to parole revocation procedures in California violate the minimum due process protections required by the Supreme Court's decisions in Morrisey v. Brewer and Gagnon v. Scarpelli. The ruling invalidates Prop 9 in its entirety, finding that when the unconstitutional provisions of the parole revocation statute are stricken, the remaining portions are not severable and "no portion of the statute can be preserved." Denny Walsh has a good summary in his article in today's Sacramento Bee.

EDCA Court Avoids Release Of Moonlight Fire Documents

2012-01-26T08:42:51-08:00

A Sacramento federal judge has avoided making public a set of documents sought by The Bee that were offered to support a critical motion in a bitter legal battle over how a 2007 wildfire started and who should pay for damages it caused.

U.S. District Judge Kimberly J. Mueller said the party offering the documents, timber giant Sierra Pacific Industries, is free to file them publicly within three days of Tuesday, the day she signed a 10-page order filed Wednesday.

Mueller noted a prior ruling that the documents are immaterial to the matter at issue in Sierra Pacific's lawsuit against the U.S. Department of Agriculture.

"In light of (the prior) ruling, SPI's attempt to file the documents at all appears to be improper," the judge stated.

She added ominously, "If SPI files the exhibits, and the court later determines that the filing was improper, the court then will issue an order directing SPI to show cause why it should not be sanctioned."

So, if the documents are filed publicly, attorneys at the Sacramento firm Downey Brand LLP who represent Sierra Pacific are looking down the barrel of possible monetary penalties.

The documents purportedly bear on Sierra Pacific's allegations that U.S. Forest Service personnel are guilty of fraud and misconduct in connection with the detection and investigation of the mammoth Moonlight fire that ravaged 65,000 acres of national forest and private property in Plumas and Lassen counties.

Sacramento Bee, 1/26/12

Guilty Verdict In Illegal Re-Entry Case Yesterday

2012-01-26T08:37:02-08:00

A federal jury returned a guilty verdict in an illegal re-entry after deportation case before Judge Shubb on Wednesday. Sac Bee Blog, 1/26/12.

No More EDCA Naturalization Ceremonies

2012-01-25T07:00:00-08:00

Although this makes sense as a cost-cutting move, something will be lost with the elimination of mass naturalization ceremonies. I attended one for a friend and found the pride and excitement of new U.S. citizens to be quite inspiring:

Tuesday's swearing-in ceremony for more than 1,700 people will mark the last time a federal judge presides over a large-scale naturalization ceremony inside Sacramento's Memorial Auditorium.

A U.S. District Court judge for the Eastern District of California has been presiding over large naturalization ceremonies in the auditorium since April 24, 2008.

In a cost-cutting move, the Court is ceded the authority to naturalize to the U.S. Citizenship and Immigration Services Sacramento Field Office, said a new release from Sharon Rummery, a USCIS public affairs officer.

Instead of a mass swearing-in ceremony, the ceremonies will now be done on a daily basis for people interviewed on the same day inside the field office.

KCRA, 1/24/12

Three Women Charged In False Tax Returns Fraud Scheme

2012-01-25T06:00:00-08:00

Three Sacramento women were arrested today, accused of stealing taxpayers' identities and their tax refunds.

According to federal court documents, Nadiyah Muhammad Woods, 33; Nakia Renee Vaughn, 26; and Tomisha Lee McKinnie, 24, are charged in a conspiracy to defraud the United States through the filing of false tax returns using TurboTax, an income tax preparation software and filing service.

The women are charged with executing a mail fraud scheme to obtain Green Dot debit cards, a service offered through the TurboTax software, loaded with the tax return money of taxpayer victims.

Sac Bee Blog, 1/23/12

Read more here: http://blogs.sacbee.com/crime/archives/2012/01/three-sacramento-women-arrested-in-false-tax-return-scheme.html#storylink=cpy

Fresno Court Rejects Attempt To Move Fresno Zoo Suit To Bay Area

2012-01-24T21:54:56-08:00

A federal judge on Tuesday rejected a request by Roeding Park supporters to have a lawsuit opposing Fresno Chaffee Zoo's expansion heard in the Bay Area.

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Harriman said he would appeal O'Neill's decision to the 9th U.S. Circuit Court of Appeals in San Francisco.

Fresno Bee, 1/24/11

The Other Supreme Court Case Yesterday, National Meat Association v Harris

2012-01-24T09:05:32-08:00

While the Supreme Court's GPS tracking decision in U.S. v. Jones garnered the national attention, the Court also unanimously held in National Meat Association v. Harris that the Federal Meat Inspection Act pre-empts California law regulating the treatment of livestock at slaughterhouses. This decision reverses the Ninth Circuit and approves the underlying injunction ruling of EDCA Judge Lawrence J. O'Neill. For more, see the case coverage at Scotusblog.