Justia Criminal Law Opinion Summaries

Richard Evans, a former Captain in the Boston Police Department (BPD), was convicted of wire fraud, conspiracy to commit wire fraud, federal programs theft, and conspiracy to commit federal programs theft. These charges stemmed from his submission of false claims for overtime pay and his involvement in a scheme to submit such claims. Evans and his subordinates falsely reported working four-hour overtime shifts, even when they worked fewer hours or when the Evidence Control Unit (ECU) was closed.The United States District Court for the District of Massachusetts found Evans guilty on all counts after a five-day jury trial. He was sentenced to one year and one day of incarceration for each count, to be served concurrently, fined $15,000, and ordered to pay $17,390.99 in restitution. Evans appealed, challenging the sufficiency of the evidence, the willful blindness instruction, and other aspects of the trial.The United States Court of Appeals for the First Circuit reviewed the case. The court affirmed Evans' convictions for wire fraud and conspiracy to commit wire fraud, finding that the willful blindness instruction was appropriate given the numerous "flags of suspicion" that Evans ignored. However, the court vacated Evans' convictions for federal programs theft and conspiracy to commit federal programs theft, concluding that the government failed to present sufficient evidence to establish that the BPD received more than $10,000 in federal benefits during the relevant period, as required by 18 U.S.C. § 666(b). The case was remanded for further proceedings consistent with the opinion. View "United States v. Evans" on Justia Law

Brian Fenner and Dennis Birkley were convicted of seventeen counts related to a fraud scheme involving the manipulation of Indiana’s mechanic’s lien statute. Fenner, who ran a towing company, and Birkley, who financed the operation, conspired to inflate the value of mechanic’s liens on vehicles and conducted sham auctions to obtain clean titles, which they then sold for profit. The scheme involved towing vehicles from across the country to Indiana, inflating lien values, and holding fake auctions at unreasonable hours to ensure no legitimate buyers attended. Birkley would then falsely claim to have purchased the vehicles at these auctions and apply for clean titles, which extinguished the creditors' interests.The United States District Court for the Southern District of Indiana convicted both defendants on all counts. Fenner and Birkley were sentenced to 70 and 60 months in prison, respectively, and ordered to pay $49,045.84 in restitution. Fenner and Birkley appealed, arguing that the district court made several errors, including allowing improper testimony and violating Fenner’s Sixth Amendment rights by admitting Birkley’s unredacted statement to law enforcement.The United States Court of Appeals for the Seventh Circuit reviewed the case and found that the district court did not abuse its discretion in its evidentiary rulings. The court held that the testimony of the government witnesses was proper and that any potential errors were harmless given the overwhelming evidence of guilt. The court also found no plain error in the admission of Birkley’s statement, as it was consistent with Fenner’s defense and did not significantly impact the jury’s verdict. Additionally, the court rejected Birkley’s ex post facto argument and upheld the restitution calculation, finding it supported by the evidence.The Seventh Circuit affirmed the convictions and sentences of Fenner and Birkley. View "United States v. Birkley" on Justia Law

Dana Curtin was convicted by a jury of attempted sex trafficking of a minor after engaging in a series of text communications with an undercover federal agent posing as the father of a 12-year-old girl. Over ten weeks, Curtin discussed paying for sex with the purported minor, repeatedly acknowledged her age, and arranged to meet at a public location. When Curtin arrived at the meeting spot with cash and items consistent with the planned encounter, law enforcement arrested him. A search of his vehicle and phone revealed evidence of adult pornography and solicitation of prostitutes, but no child sexual abuse material.The United States District Court for the Central District of Illinois presided over Curtin’s trial. Before trial, Curtin sought to introduce expert testimony from a forensic psychiatrist, Dr. Fabien Saleh, to show that Curtin did not have pedophilic disorder and that an interest in adult sex or pornography does not imply an interest in minors. The district court excluded Dr. Saleh’s testimony, finding it would not be helpful to the jury, and allowed Curtin to make related arguments without expert support. The jury found Curtin guilty, and the court sentenced him to 180 months in prison.On appeal, the United States Court of Appeals for the Seventh Circuit reviewed Curtin’s challenges to the exclusion of Dr. Saleh’s testimony. The court held that Curtin had waived his challenge regarding testimony about his lack of pedophilic tendencies by expressly agreeing with the district court’s ruling. As to the remaining expert testimony, the appellate court found no abuse of discretion in its exclusion, concluding that the proposed testimony was within the common understanding of jurors and that any error was harmless given the strength of the government’s evidence. The Seventh Circuit affirmed Curtin’s conviction. View "United States v. Curtin" on Justia Law

Damon Victor Crist was convicted of first-degree kidnapping in Utah in 2006 and was required to register as a sex offender in Utah. In 2022, Crist began working in Idaho but did not register as a sex offender there. An informant tipped off the Idaho State Police (ISP), leading to Crist's arrest for failing to register. Crist argued that Idaho law did not permit the magistrate court to determine that his Utah conviction was substantially equivalent to Idaho’s second-degree kidnapping law, which would require him to register. He also claimed that the statutory scheme was void for vagueness.The magistrate court found probable cause to bind Crist over for trial, determining that his Utah conviction was substantially equivalent to an Idaho registrable offense. Crist filed a motion to dismiss in the district court, arguing that only the ISP’s Bureau of Criminal Identification could make the substantial equivalency determination and that he lacked proper notice of his duty to register. The district court denied his motion, concluding that the magistrate court had the authority to make the determination and that Crist had sufficient notice of his registration requirements.The Supreme Court of Idaho affirmed the district court's decision. The court held that a nonresident’s duty to register as a sex offender in Idaho is triggered by the fact of an out-of-state conviction that is substantially equivalent to an Idaho registrable offense and entry into Idaho for employment purposes. The court also concluded that the statutory and regulatory scheme provided fair notice to Crist and did not grant law enforcement unbridled discretion. Therefore, Crist's arguments were rejected, and the decision of the district court was affirmed. View "State v. Crist" on Justia Law

Robert Lanoue, a Canadian citizen and lawful permanent resident of the United States, pleaded guilty to submitting false claims to the government under 18 U.S.C. § 287. He operated a scuba school that was part of a government program funded by the post-9/11 GI Bill, which reimbursed him for teaching veterans. Lanoue admitted to submitting false and fraudulent claims, resulting in a loss of over $3 million to the Department of Veterans' Affairs. Following his conviction, the government initiated removal proceedings, arguing that his crime was an aggravated felony involving fraud or deceit with losses exceeding $10,000.The Immigration Judge found that Lanoue's crime met the criteria for an aggravated felony and denied his request for a waiver of inadmissibility. The Board of Immigration Appeals upheld this decision, leading Lanoue to petition for review.The United States Court of Appeals for the Third Circuit reviewed the case. The court determined that Lanoue's conviction under 18 U.S.C. § 287 categorically involved deceit, as the statute requires knowingly submitting false claims to the government. The court also found that the government had proven by clear and convincing evidence that the loss exceeded $10,000, based on Lanoue's stipulation and plea agreement indicating losses between $1.5 and $3.5 million.Lanoue's argument for a retroactive waiver under 8 U.S.C. § 1182(h) was rejected. The court noted that to qualify for such a waiver, a lawful permanent resident must have been convicted or admitted to the crime at the time of reentry, which was not the case for Lanoue.The Third Circuit held that filing false claims under 18 U.S.C. § 287 is an aggravated felony involving deceit, and the government sufficiently proved the loss amount. Consequently, Lanoue is removable and ineligible for a waiver. The court denied his petition for review. View "Lanoue v. Attorney General United States of America" on Justia Law

During a covert surveillance operation in Denver, undercover police officers observed Arthur S. Mills engaging in behavior consistent with a drug transaction. Mills was stopped for a traffic violation, during which he failed to produce a valid driver's license or proof of insurance. Mills became uncooperative, and the officers, believing they had probable cause, decided to impound his vehicle and obtain a search warrant rather than conducting an on-scene search.The Denver County District Court granted Mills's motion to suppress the drug evidence found in his vehicle, ruling that although the police had probable cause to seize the vehicle, the delay in obtaining a search warrant was longer than necessary. The court cited Chambers v. Maroney, reasoning that the vehicle should only be held for the period necessary to obtain the warrant. The People filed a motion to reconsider, which was denied, leading to this interlocutory appeal.The Supreme Court of Colorado reviewed the case and established a four-factor balancing test to determine the reasonableness of a delay in seeking a search warrant: (1) the length of the delay, (2) the nature and strength of the individual's possessory interest, (3) the strength of the government's justification for the delay, and (4) the government's diligence in applying for the warrant. Applying this test, the court concluded that the three-day delay, which included a weekend, was reasonable. The court noted that the police acted diligently and cautiously, considering officer safety and the thoroughness of the investigation.The Supreme Court of Colorado reversed the trial court's suppression order and remanded the case for further proceedings, holding that the delay in obtaining the search warrant did not render the seizure unconstitutional. View "People v. Mills" on Justia Law

Carl Lee McAdory was charged with operating a motor vehicle while under the influence of a controlled substance (OWI) and operating a motor vehicle with a detectable amount of a restricted controlled substance (RCS) in his blood, both as eighth offenses. A jury found him guilty of both charges. At sentencing, the circuit court dismissed the RCS charge and sentenced McAdory only on the OWI charge.The Court of Appeals later reversed McAdory's OWI conviction and remanded the case for a new trial on the OWI charge. Instead of holding a new trial, the circuit court reinstated the previously dismissed RCS charge and guilty verdict, and sentenced McAdory on the RCS charge.The Wisconsin Supreme Court reviewed the case to determine if the circuit court was permitted to reinstate the RCS charge and guilty verdict. The court held that the circuit court had implicit statutory authority under WIS. STAT. § 346.63(1)(c) to reinstate the RCS charge and guilty verdict. The court also concluded that the State did not forfeit its right to seek reinstatement by failing to raise the issue in the initial appeal. Additionally, the court found that reinstating the RCS charge did not violate the Court of Appeals' mandate or McAdory's double jeopardy rights.The Wisconsin Supreme Court affirmed the decision of the Court of Appeals, allowing the reinstatement of the RCS charge and guilty verdict. View "State v. McAdory" on Justia Law

Deonte Kitchens was convicted of malice murder and other crimes related to the shooting death of Alveno Culver. Kitchens was indicted in November 2015 and tried alone in September 2016, where the jury found him guilty on all counts. He was sentenced to life in prison without parole for malice murder, along with additional consecutive and concurrent sentences for other charges. Kitchens filed a motion for a new trial, claiming, among other things, that his constitutional right to a speedy trial was violated.The trial court denied Kitchens's motion for a new trial, rejecting his speedy-trial claim. Kitchens appealed, arguing that the trial court made a clearly erroneous finding about a material fact and misapplied the law in several significant ways. The trial court found that the delay was due to the complexity of the case and the State's ongoing investigation, and it did not weigh this factor heavily against the State. The court also found that Kitchens never invoked his right to a speedy trial, which was a clearly erroneous finding since Kitchens had filed a constitutional speedy trial demand in August 2014.The Supreme Court of Georgia reviewed the case and found that the trial court made several errors in its analysis. The trial court failed to calculate the length of the delay correctly, conflated the analyses of presumptive prejudice and the length of the delay, and did not consider whether the delay was uncommonly long. The Supreme Court vacated the trial court's order denying Kitchens's motion for a new trial and remanded the case for the trial court to properly address the speedy-trial claim, considering the correct facts and legal analysis. View "KITCHENS v. THE STATE" on Justia Law

Gregory M. Hilton was convicted of malice murder and other crimes after he shot and killed his next-door neighbor, Tommy Allen, on January 29, 2018. Hilton was indicted on charges of malice murder, felony murder, aggravated assault, and possession of a firearm during the commission of a felony. After a series of competency evaluations, Hilton was found competent to stand trial. During the trial, evidence showed that Hilton shot Allen as he was getting into his car. Hilton confessed to the murder and explained that he was in a dire financial situation and felt hopeless. He claimed that Allen had violated him, although he could not specify how.The Chatham County trial court found Hilton guilty on all counts, sentencing him to life in prison for malice murder and an additional five years for the firearm offense. Hilton's motion for a new trial was denied. He appealed, arguing that the trial court erred by not instructing the jury on voluntary manslaughter.The Supreme Court of Georgia reviewed the case. Hilton contended that his statements about feeling threatened by Allen warranted a voluntary manslaughter instruction. The court was skeptical that Hilton's vague statements constituted sufficient evidence of provocation. However, even if the trial court erred in not giving the instruction, the Supreme Court concluded that any error was harmless. The evidence strongly indicated that Hilton acted with malice aforethought due to his financial desperation, and the jury would likely have rejected a voluntary manslaughter claim. Therefore, the Supreme Court of Georgia affirmed Hilton's convictions. View "HILTON v. THE STATE" on Justia Law

Yaquan Chapman and Jordan Watson were convicted for the shooting death of William Trawick and the assault of Aubrey Stansill and Griffin Cleveland. On February 16, 2021, Chapman, Watson, Calvin Rozier, and Carey Williams planned to rob Trawick during a marijuana purchase. They recruited Christian Miles to drive them to Trawick’s home. Watson carried an AR-15, while Rozier and Chapman had handguns. After spending time inside Trawick’s home, Rozier signaled the start of the robbery. Williams retrieved Watson from the car, and the group began shooting, resulting in Trawick’s death and injuries to Stansill and Cleveland. The group fled but returned to retrieve personal items, leading to more gunfire. Chapman was injured, and the group eventually dispersed after seeking medical help for Chapman.A Butts County grand jury indicted Chapman, Watson, Rozier, and Williams. Williams’s case was severed, and he testified for the State. Following a jury trial, Chapman and Watson were found guilty on all counts and sentenced to life in prison without parole for malice murder, plus additional years for aggravated assault. Both filed motions for a new trial, which were denied by the trial court.The Supreme Court of Georgia reviewed the case. Chapman argued trial errors and ineffective assistance of counsel, while Watson contended insufficient evidence and ineffective assistance of counsel. The court found sufficient evidence to support the convictions, noting the testimonies and physical evidence linking both defendants to the crimes. The court also held that the trial court did not abuse its discretion in its rulings and that the defendants failed to demonstrate prejudice from their counsel’s actions. Consequently, the Supreme Court of Georgia affirmed the convictions and sentences of both Chapman and Watson. View "CHAPMAN v. THE STATE" on Justia Law