Justia Criminal Law Opinion Summaries

The case concerns a defendant who was released from custody on the express condition that he appear at a scheduled adjudicatory hearing related to an unrelated felony. He failed to appear at the specified time and place, leading the State to charge him with the felony offense of Bail Jumping under Montana law. The defendant was arrested about ten weeks after missing the hearing. He pled not guilty and subsequently moved to dismiss the charge, arguing both that the statute was unconstitutionally vague—particularly regarding the requirement that his failure to appear be “without lawful excuse”—and that the State had failed to allege sufficient facts to establish probable cause, since it did not affirmatively show he lacked a lawful excuse.The Twentieth Judicial District Court of Montana denied the defendant’s motion to dismiss. The defendant then entered a plea agreement, reserving his right to appeal the denial of his motion. He admitted to the facts constituting the offense, including that he did not have a lawful excuse for missing the hearing.On appeal, the Supreme Court of the State of Montana reviewed whether Montana’s bail-jumping statute is unconstitutionally vague and whether the State must allege facts negating the existence of a lawful excuse to establish probable cause. The Supreme Court held that the statute provides fair notice and sufficient guidelines to defendants and law enforcement, and is not unconstitutionally vague as applied to the defendant’s conduct. The Court also held that the State is not required to allege or prove the absence of a lawful excuse in its charging documents; rather, the existence of a lawful excuse is an affirmative defense for which the defendant carries the initial burden of production. The Court affirmed the judgment of the District Court. View "State v. Trombley" on Justia Law

The defendant was originally arrested for felony DUI in 2019 and sentenced to two years in the custody of the Montana Department of Corrections, followed by four years of suspended time, with credit for time served. After completing a residential treatment program, the remainder of his custodial sentence was to be served on probation, with the four-year suspended period to follow. The defendant later violated probationary terms, leading to a first revocation, where the district court imposed a suspended sentence except for placement into a treatment program and credited time served.Following additional probation violations, a second revocation proceeding occurred. After a hearing, the Fifth Judicial District Court found further violations and imposed a new disposition of five years, three months to the Department of Corrections, with credit for 505 days previously served. This resulted in a net DOC sentence of 1,410 days. Both the defendant and the State asserted that the district court improperly included the probationary portion of the original custodial sentence as part of the suspended time available for revocation, contrary to Montana law.The Supreme Court of the State of Montana held that the district court erred by revoking and converting the remaining probationary period from the custodial portion of the sentence into a DOC commitment. The court determined that, under Montana statutes, only the suspended portion of a sentence may be revoked upon a petition, and the district court’s authority did not extend to the probationary period remaining on the custodial portion. The court reversed the disposition in part and remanded for correction, instructing the district court to revoke only the 1,204 days of remaining suspended time, and clarified that credit for time served must be properly applied as required by law. View "State v. Sanchez" on Justia Law

In this case, the defendant was convicted in Oregon in 2001 of attempted unlawful sexual penetration in the first degree and sexual abuse in the second degree. After completing his sentence, including probation, in 2014, he moved to Montana in 2016 and registered as a sexual offender as required by law. In 2023, the Montana Department of Justice attempted to verify his address, but the verification was returned undeliverable. The defendant left a voicemail reporting a new address but did not update his registration in person, as required by the current statute.The State of Montana charged the defendant in 2024 with failure to register as a sexual offender, expressly citing the 2023 version of the Sexual or Violent Offender Registration Act (SVORA) in its charging documents. The defendant moved to dismiss, arguing that retroactive application of the 2023 SVORA to his pre-2007 conviction violated the Ex Post Facto Clause of the Montana Constitution. The Second Judicial District Court agreed and dismissed the charge, concluding that applying the 2023 SVORA retroactively was unconstitutional.On appeal, the Supreme Court of the State of Montana reviewed the District Court’s dismissal de novo. The Supreme Court affirmed, holding that because the State charged the defendant under the 2023 SVORA—and this Court has previously held that the post-2007 version of SVORA is punitive and cannot be applied retroactively to convictions predating its enactment—the prosecution could not stand. The Court emphasized that the State could not rely on older versions of SVORA not cited in the charging documents and did not address arguments regarding restoration of rights, limiting its decision to the ex post facto violation. The order of dismissal was affirmed. View "State v. Pratt" on Justia Law

An orthopedic surgeon partnered with a medical supply businessman to form a durable medical equipment company. The company was formally listed under the surgeon’s mother’s name, even though she had no actual ownership or management role. The surgeon provided his mother’s personal information to his partner, who submitted Medicare enrollment forms on the company’s behalf. In January 2019, the company submitted a Medicare form notifying a change in business hours, but it falsely listed the mother as the sole owner and manager. The company ceased operations after Medicare began to suspect fraud.A federal grand jury in the Southern District of Florida indicted the surgeon on charges of conspiracy to defraud the United States and pay health care kickbacks, and making a false statement relating to health care matters. The jury acquitted him of conspiracy but convicted him of making a false statement. The United States District Court for the Southern District of Florida sentenced him to thirty-three months in prison, imposed three years of supervised release, and ordered him to pay $315,704.52 in restitution and to forfeit $125,000. The defendant challenged several aspects of his conviction and sentence, including venue, the sufficiency of the indictment, the sufficiency of the evidence, jury instructions, forfeiture, and restitution.The United States Court of Appeals for the Eleventh Circuit affirmed the district court’s rulings on all grounds except restitution. The court held that the evidence was sufficient to support the false statement conviction and found no error in the jury instructions or the forfeiture order. However, the court determined that the government had not shown by a preponderance of the evidence that the false statement actually caused the losses for which restitution was ordered. The restitution order was vacated and the case remanded for further proceedings on that issue. View "United States v. Alexander" on Justia Law

In the early hours of January 24, 2022, the defendant fatally shot one individual and seriously injured another outside a nightclub in Pawtucket, Rhode Island. He did not dispute that he fired the shots, but claimed at trial that he acted in defense of his cousins, whom he believed were in imminent danger after a physical altercation. The incident was captured on video, which at certain points contradicted the defendant’s account. During the trial, the main factual dispute centered on whether the defendant’s use of force was justified under the defense of others doctrine.The case was tried in the Providence County Superior Court. The jury found the defendant guilty of second-degree murder, discharging a firearm during a violent crime resulting in death, and firearm possession offenses, but acquitted him of charges related to the shooting of the second individual. The trial justice sentenced the defendant to a lengthy period of incarceration. During the trial, improper questions from the prosecutor regarding the defendant’s post-arrest silence were objected to and sustained, with the trial justice issuing cautionary instructions to the jury and ultimately denying the defense’s motion for a mistrial.On appeal, the Supreme Court of Rhode Island reviewed whether the trial justice erred in denying a mistrial after the prosecution impermissibly questioned the defendant about his exercise of the right to remain silent. The Supreme Court held that the prosecutor’s questions violated the defendant’s due process rights, as such use of post-arrest silence for impeachment is fundamentally unfair. The Court found that the cautionary instructions did not cure the prejudice resulting from these questions and concluded that a mistrial was warranted. Accordingly, the Supreme Court vacated the conviction and remanded the case for further proceedings. View "State v. Baker" on Justia Law

The petitioner was convicted of first-degree intentional homicide and related charges after a shooting at the Luna Lounge in Appleton, Wisconsin. Video evidence showed several people fleeing the scene, including the petitioner’s brother. Police interviewed three eyewitnesses—Watou Lee, Mikey Thao, and Ryan Thao—shortly after the incident. These witnesses described the shooter but did not explicitly identify the petitioner. However, police later received statements from other witnesses implicating the petitioner. The State did not disclose the initial interviews with Watou, Mikey, and Ryan to the defense and eventually destroyed the recordings, citing the witnesses’ fears for their safety. The defense only learned of the destroyed interviews after the witnesses were reinterviewed and those statements were provided. The petitioner moved to dismiss the charges or, alternatively, to bar the witnesses’ testimony, arguing violations of his due process rights under Brady v. Maryland and the principles set forth in California v. Trombetta and Arizona v. Youngblood.The Wisconsin Circuit Court denied the Brady claim but agreed the destruction of evidence violated due process, barring the State from calling the three witnesses at trial, though permitting the defense to do so. The petitioner did not object to this remedy and ultimately did not call the witnesses. He was convicted by a jury, and his conviction and denial of post-conviction relief were affirmed by the Court of Appeals of Wisconsin, with the Wisconsin Supreme Court declining review.On federal habeas review, the United States District Court for the Eastern District of Wisconsin denied relief, holding that the state appellate court did not act contrary to or unreasonably apply clearly established federal law. The United States Court of Appeals for the Seventh Circuit affirmed, holding that the state court’s application of Brady, Trombetta, and Youngblood was not objectively unreasonable and that the selected remedy did not violate clearly established federal law. View "Lee v Mlodzik" on Justia Law

A man lived with his girlfriend for several years, and her brother moved in with them from Mexico. After neighbors heard alarming noises from their apartment, family members, prompted by disturbing messages from the man, entered the residence and found the bodies of both the girlfriend and her brother, who had died from numerous stab wounds. The apartment was extremely cold due to a newly purchased air conditioning unit placed to slow decomposition. The man was later found in Mexico and extradited to Los Angeles.At trial in the Superior Court of Los Angeles County, the prosecution charged the man with two counts of murder. The defense sought to introduce a handwritten note found at the crime scene, in which the man claimed he killed the victims in a rage after discovering them having sex. The trial court excluded the note during the prosecution’s case under Evidence Code section 352, reasoning its probative value was outweighed by the danger of undue prejudice and that it could not be properly tested without the man’s testimony. As a result, the man testified in order to introduce the note, and was subsequently convicted by a jury of first degree murder for his girlfriend and second degree murder for her brother.The California Court of Appeal, Second Appellate District, Division Seven, reviewed the case. It held that the trial court erred in excluding the note during the prosecution’s case, as its probative value concerning provocation and the defendant’s state of mind was not substantially outweighed by the risk of undue prejudice, and a limiting instruction could have adequately addressed concerns. The Court of Appeal found the error prejudicial, as it forced the man to testify and likely affected the verdicts. The court reversed the convictions and directed the trial court to vacate them and set the matter for a new trial. View "People v. Tzul" on Justia Law

Federal authorities investigated a drug trafficking scheme operating within Tennessee prisons, led by members of the Aryan Nation gang. Michael Bailey, while incarcerated, coordinated with James Payne (outside prison) to distribute methamphetamine and fentanyl. Bailey used contraband cell phones to direct drug purchases and sales, communicating with his girlfriend, mother, and other associates to manage the operation and profits. Law enforcement apprehended several participants, seized drugs and cash, and collected evidence, including recorded calls and testimony from co-conspirators.After an indictment, a jury in the United States District Court for the Western District of Tennessee found Bailey guilty of two counts of conspiracy to possess with intent to distribute controlled substances. He was sentenced to concurrent 300-month prison terms. Bailey moved for a judgment of acquittal and a new trial, arguing errors in jury instructions, evidence admission, and insufficient evidence, but the district court denied his motions. He then appealed to the United States Court of Appeals for the Sixth Circuit.The Sixth Circuit reviewed Bailey’s claims. It held that the jury instructions on conspiracy accurately stated the law, even after subsequent amendments to the pattern instructions. The court found no error in not giving a specific instruction on law enforcement testimony, as the standard instructions on witness credibility sufficed. The district court did not abuse its discretion in admitting evidence of gang affiliation, disciplinary records regarding cell phone possession, or a recorded phone call, finding them relevant and not unfairly prejudicial. Lastly, the appellate court held that sufficient evidence supported Bailey’s convictions. The court affirmed the district court’s judgment. View "United States v. Bailey" on Justia Law

Police officers found the defendant unconscious in the driver’s seat of a vehicle parked behind an apartment building. During the ensuing welfare check, officers observed a firearm with a large drum magazine in the vehicle’s center console, along with suspected narcotics, a digital scale, sandwich bags (some containing substances), empty bags, cash, and several cellphones. The substances later tested positive for controlled drugs, including cocaine, fentanyl, methamphetamine, and psilocin. The vehicle was registered to another individual, Francine Gill. After his arrest, the defendant made jail calls referencing large amounts of money on Cash App cards and discussing the car with Gill.A federal grand jury indicted the defendant on six counts, including possession of controlled substances with intent to distribute, using or carrying a firearm during a drug trafficking crime, and being a felon in possession of a firearm. At trial in the United States District Court for the Northern District of Ohio, the prosecution presented evidence connecting the defendant to the drugs, cash, and firearm, including the jail call excerpts. The district court overruled the defendant’s objection to the admission of the calls. The jury convicted the defendant of possession with intent to distribute cocaine, using or carrying a firearm during and in relation to a drug trafficking crime, and being a felon in possession of a firearm. He was acquitted on other drug counts. The district court sentenced him to 154 months’ imprisonment after considering his health conditions and criminal history, but declined to grant a downward departure or variance.The United States Court of Appeals for the Sixth Circuit affirmed the convictions and sentence. The court held that sufficient evidence supported the convictions, that the district court did not abuse its discretion in admitting the jail calls, and that the sentence was substantively reasonable. The court also held that the denial of a downward departure was unreviewable because the district court understood its authority to grant one. View "United States v. Curry" on Justia Law

Marion Thomas was stopped by Chicago police officers after failing to signal a turn. During the stop, officers reported smelling marijuana coming from his vehicle. After Thomas partially rolled down his window and refused to comply with several commands, officers opened his door and removed him from the car. Thomas was handcuffed and his car was searched, revealing a marijuana cigarette and a tray. Thomas claimed the items did not belong to him and experienced a medical issue, after which he was taken to the hospital. He was cited for the traffic violation and marijuana possession.Following his arrest, Thomas filed suit in the United States District Court for the Northern District of Illinois against the officers and the City of Chicago, alleging illegal search, illegal seizure, false arrest under 42 U.S.C. § 1983, and malicious prosecution under state law. Some claims and defendants were dismissed at summary judgment. At trial, the jury found for the defendants. Thomas moved for a new trial, arguing that the jury instructions were erroneous, that an officer gave misleading testimony, and that a question about his criminal record was prejudicial. The district court denied his motion.The United States Court of Appeals for the Seventh Circuit reviewed the case. It held that the challenged jury instructions accurately stated the law, including the principle that probable cause to arrest for any crime defeats a false arrest claim. The court found no abuse of discretion regarding the officer’s testimony about a marijuana “grinder,” as there was no evidence of fraud or prejudice. The court also determined that the question about Thomas’s criminal record did not prejudice the jury, since the objection was sustained and no answer was given. The Seventh Circuit affirmed the district court’s judgment. View "Thomas v McAuliffe" on Justia Law