Case Summaries
Criminal Law & Procedure
[03/11] Stanley v. Schriro
In a capital habeas matter, a denial of the petition is affirmed in part where defense counsel's performance did not prejudice petitioner during the guilt phase of his trial. However, denial of the petition is reversed in part where trial counsel rendered ineffective assistance during the penalty phase of trial by failing to investigate and present readily available mitigating evidence and that failure was prejudicial.
[03/11] Tijani v. Holder
Petition for review of the BIA's denial of petitioner's asylum application is granted in part where the court was required to remand to the BIA to address the questions of whether petitioner would be in danger of persecution on account of his religion or would be entitled to other relief. However, the petition is denied in part where petitioner's credit card fraud in violation of Cal. Penal Code section 532a(1) constituted a crime of moral turpitude.
[03/11] US v. Awad
In defendants' appeal from an order of criminal forfeiture against defendants pursuant to 21 U.S.C. section 853, the order is affirmed where section 853 permits imposition of a money judgment on a defendant who possesses no assets at the time of sentencing.