Perhaps our nation's circuit court judges took it easy last week because of the inauguration, or Martin Luther King Jr. Day, but there's only one case where a defendant won in a published opinion in a federal appellate court.
That said, it's a great win -- sufficiency of the evidence reversal from the Eleventh Circuit.
In other news, vaguely related to this blog, I was quoted in the Baltimore Sun, talking about the prospects for Supreme Court review of a Fourth Circuit case involving a federal habeas challenge to a state conviction.
Here's my quote:
Speaking of the possibility of an appeal by Merzbacher, Matthew G. Kaiser, an appeals specialist in Washington, D.C., said the Supreme Court has shown some interest in cases like Merzbacher's, in which attorneys have been accused of failing to discuss plea negotiations with their clients.
Still, Kaiser said, Merzbacher should not hold out too much hope because the court only takes a fraction of the cases it is asked to review. "It's perhaps moved from really massively unlikely to nearly massively unlikely," he said.
The article is available at this link.
To the victory!
1. United States v. Jimenez, Eleventh Circuit: Appellant was convicted of intentionally misapplying $5,000 or more from an organization receiving more than $10,000 in federal funds in one year. Because there was insufficient evidence to support a finding that appellant intentionally misapplied funds, his conviction was reversed and the case remanded with instructions for the district court to enter a judgment of acquittal.
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