Habeas Update SCOTUS In June of this year, the Supreme Court ruled on a case related to habeas corpus. More specifically, in Jones v. Hendrix, the Supreme Court discussed habeas relief under 28 U.S.C. § 2241 when a subsequent (or second) motion under 28 U.S.C. § 2255...
The Federal Rules of Evidence state that admissions by a party-opponent can be introduced in court. This may include relevant text messages, social media posts, and statements made to the media. In order for evidence derived from social media platforms to be...
The Supreme Court issued two opinions limiting the scope of federal fraud statutes that prohibit “honest services fraud” in Ciminelli v. United States and Percoco v. United States. 18 U.S.C. § 1346 states, “a scheme or artifice to defraud includes a scheme or artifice...
In United States v. Taylor, the Supreme Court held that attempted Hobbs Act robbery does not qualify as a “crime of violence” under 18 U.S.C. §924(c). Under 18 U.S.C. § 924(c)(3), “crime of violence” is defined as a felony offense and “has an element the use,...
The Federal Bureau of Investigation (“FBI”) has recently been cracking down on cases of federal wire fraud. Wire fraud is governed by 18 U.S.C. § 1342. 18 U.S.C § 1342 states that the four essential elements of the crime of wire fraud are: (1) that the defendant...
On June 8, 2023, the Supreme Court decided Dubin v. U.S, 599 U.S. ___ (2023), which dealt with the applicability 18 §1028A(a)(1), the federal aggravated identity theft statute, which has a two-year mandatory minimum prison sentence. The Government uses it frequently...
