Criminal Law Reporter Index-Summary

IDENTITY THEFT

– Aggravated identity theft

– – Existence of real person whose identity is stolen (U.S., rev grant), 84:122
– – Forged signature is means of identification (9th Cir.), 84:307

– Federal sentencing guidelines, production of counterfeit access device (1st Cir.), In Brief, 84:334

IMMIGRATION

See ALIENS AND CITIZENSHIP

IMMUNITY

– Cigarette smuggling, immunity re underlying crime does not bar prosecution for conspiracy (9th Cir.), 84:141
– Civil rights, governor's wrongful denial of parole (U.S., rev den), 84:56
– Federal Tort Claims Act waiver applies to false arrest and malicious prosecution claims (11th Cir.), 84:209
– Informer data sharing, supervisory prosecutors not immune from civil rights suit for failing to train subordinates (U.S., rev grant), 84:18; (oral arg), 84:195
– Interlocutory appeal of order requiring witness to testify (Ark.), In Brief, 84:212
– Prisons and jails, public health workers not immune from job-related constitutional tort claims (9th Cir.), 84:86
– Search and seizure, “consent-once-removed” exception to warrant requirement, qualified immunity (U.S., oral arg), 84:151
– Terrorism, Bivens claim against cabinet-level officer, liability for acts of subordinate officials (U.S., oral arg), 84:339

IMPEACHMENT

– Exclusionary rule, statements elicited by jailhouse snitch may not be used to impeach defendant (U.S., rev grant), 84:42

INDICTMENT AND INFORMATION

– Conspiracy indictment need not allege facts making it illegal to possess cold medicine (Miss.), 84:326
– Embezzlement, variance between indictment and jury instruction (Va.), In Brief, 84:212

INEFFECTIVE ASSISTANCE OF COUNSEL

– Disqualification of judge, failure to seek, prejudice (Fla.), In Brief, 84:38
– Failure to object to opinion that victim's death was homicide (Mo.), In Brief, 84:167
– Guilty pleas, withdrawal prior to sentencing (9th Cir.), In Brief, 84:166
– State's appeal, failure to file brief (Mass.), In Brief, 84:117
– Written jury-trial waiver, prejudice inquiry must focus on whether client would have opted for jury after oral colloquy (U.S., rev den), 84:54

INFORMERS

– Data sharing, supervisory prosecutors not immune from civil rights suit for failing to train subordinates (U.S., rev grant), 84:18; (oral arg), 84:195
– Statements during recorded interview only partly testimonial (Conn.), 84:234

INTERNATIONAL LAW

– EU/U.S. law enforcement data transfers, EU official recommends clearer guidelines, 84:217
– Vienna Convention, failure to advise of treaty right to contact consulate, foreign national arrestee may not sue government (U.S., rev sought), 84:20; (rev den), 84:93

INTERNET

– Craigslist reaches deal with state attorneys general and National Center for Missing and Exploited Children to shut down ads for Internet-based sex trade, 84:244
– E-mail

See E-MAIL

– National security letters to Internet service providers, gag order law altered to comply with First Am. (2d Cir.), 84:329
– Posting DWI arrestee data on “Wall of Shame” Web site improper (N.Y. Sup. Ct.), 84:260
– Would-be online sexual predator cannot rely on private party defense (7th Cir.), 84:307

INTERROGATIONS AND CONFESSIONS

– Absence of right to counsel abroad does not block use of confessions (2d Cir.), 84:252
– Agent misrepresentation re point of interview made confession involuntary (U.S., rev sought), 84:247
– Deception by interrogators not coercive unless motivation to confess extrinsic to guilt introduced (1st Cir.), 84:136
– Jury instructions, failure to follow state law on recording interrogations (7th Cir.), In Brief, 84:332
– Miranda rights

– – Badgering young suspect made confession after advisement involuntary (9th Cir.), 84:257
– – Failure to expressly advise defendant of right to have counsel present during questioning invalid (Fla.), 84:29

– Pre-warnings pressuring of suspect to cooperate (1st Cir.), In Brief, 84:145
– Question first, warn later interrogations, broad exclusionary rule adopted (Tex. Crim. App.), 84:324
– Waiver of right to counsel, reinitiation of questioning by police (Ark.), In Brief, 84:88

INVESTIGATIVE DETENTIONS

– Handcuffing suspect due to height advantage (Cal. Ct. App.), In Brief, 84:240
– Reasonable suspicion, informer tip re man with gun (Fla.), In Brief, 84:88
– Retention of pedestrian identification (1st Cir.), In Brief, 84:240