Justia Government & Administrative Law Opinion Summaries

In this case, the Supreme Court of California was asked to interpret the "collective engagement" requirement under the California Penal Code section 186.22(f) and its application to the proof of predicate offenses. This requirement was introduced through Assembly Bill 333, which amended gang sentencing provisions. The defendant, Kejuan Darcell Clark, a member of the Northside Parkland street gang, was charged with several offenses related to a home invasion and assault. The prosecution sought to apply gang enhancements under section 186.22, subdivision (b).The court held that the term "collective engagement" in section 186.22(f) does not require that each predicate offense must have been committed by at least two gang members acting in concert. Rather, the court interpreted the term to require a showing that links the two predicate offenses to the gang as an organized, collective enterprise. This can be demonstrated by evidence linking the predicate offenses to the gang's organizational structure, its primary activities, or its common goals and principles.The court reversed the judgment of the Court of Appeal as to Clark's gang enhancement and remanded the case for further proceedings to apply this interpretation of the collective engagement requirement. View "P. v. Clark" on Justia Law

In the case before the Supreme Court of North Dakota, Rozalyn Rinde appealed from a criminal judgment after the district court revoked her probation and resentenced her. Rinde was initially charged with five counts, including unlawful possession of a controlled substance and endangerment of a child or vulnerable adult. She pleaded guilty to both charges and was sentenced to 360 days with the Department of Corrections and Rehabilitation, with all but 63 days suspended for two years of supervised probation. However, after multiple violations of her probation, the court revoked her probation and resentenced her to 360 days on the misdemeanor count and to five years on the felony count. Rinde argued that the court imposed an illegal sentence, exceeding the maximum penalty allowed at the time of her original offenses. She also claimed that the sentence violated the prohibition on ex post facto laws.The Supreme Court of North Dakota found that the district court had not imposed an illegal sentence. The court stated that the determining factor in applying the statute governing probation revocation (N.D.C.C. § 12.1-32-07(6)) was the date of the original convictions and sentencing, not the date of the offense. Since Rinde’s original conviction and sentencing occurred after the August 2021 amendment of the statute, which removed the restriction on a court’s ability to resentence a defendant in the case of a suspended sentence, the court was not limited by the pre-amendment version of the statute. Therefore, the court was within its rights to resentence Rinde to five years on her felony count. The court also rejected Rinde's claim of an "ex post facto application," stating that the amendment did not increase the maximum possible punishment for her crime, nor did it make an innocent act criminal, aggravate the crime, or relax the evidence required to prove the offense. As such, the court affirmed the lower court's decision. View "State v. Rinde" on Justia Law

In a healthcare fraud case involving Medicare kickbacks, defendants Lindell King and Ynedra Diggs appealed their convictions and sentences. They challenged the United States District Court for the Southern District of Texas's decision to admit recordings involving them and other co-conspirators, and disputed the court's calculation of the improper benefit received for the purpose of their sentence, as well as the restitution award. The United States Court of Appeals for the Fifth Circuit examined these arguments and ruled in favor of the lower court.The defendants were accused of receiving bribes from a Medicare provider, Dr. Paulo Bettega, for referring Medicare beneficiaries to him for unnecessary treatment or non-provided treatment. The Court of Appeals rejected the defendants' Confrontation Clause arguments, stating the recordings were not testimonial and did not violate the Confrontation Clause. It further dismissed the defendants' assertion that the recordings were impermissible hearsay.Regarding the calculation of the improper benefit, the court concluded that the government had proved by a preponderance of the evidence that the entire operation was fraudulent. The defendants failed to provide rebuttal evidence of any legitimate medical expenses that should offset the amount paid to Bettega for treatment provided to residents of their group homes.The Court of Appeals also upheld the restitution award. It rejected the defendants' argument that their maximum restitution was limited to the $70,000 they received in kickbacks. The court held the defendants jointly and severally liable for all foreseeable losses within the scope of their conspiracy.In conclusion, the Court of Appeals affirmed the judgment and sentence of the district court, finding no error in its proceedings or decisions. View "USA v. King" on Justia Law

In this case decided by the Court of Appeal of the State of California, Sixth Appellate District, the defendant, Ronald Gordon Ferenz, had pleaded no contest to charges of rape of an unconscious person, forcible rape, and dissuading a witness. He was sentenced to a 12-year term in state prison and was imposed a criminal justice administration fee. On appeal, Ferenz challenged the trial court's denial of his post-plea motion to substitute his counsel, the court's decision to not strike certain exhibits attached to the prosecutor’s statement of view, and the imposition of the criminal justice administration fee.The appellate court held that the trial court did not err in denying Ferenz’s motion to substitute his counsel as there was no showing of a breakdown in communication between Ferenz and his counsel, nor was there any evidence that the counsel's conduct fell below the standard of care. The court also held that the trial court did not err in declining to strike portions of the prosecutor’s statement of view as the material was not expressly precluded by section 1203.01 and the court had inherent authority to accept the material. However, the court agreed with Ferenz that the criminal justice administration fee must be stricken due to the effect of Assembly Bill No. 1869 which rendered such fees unenforceable and uncollectible after July 1, 2021.The court modified the judgment to vacate the $129.75 criminal justice administration fee, and affirmed the judgment as modified. View "People v. Ferenz" on Justia Law

In November 2018, Joseph Hoskins was stopped by a Utah state trooper, Jared Withers, because his Illinois license plate was partially obscured. The situation escalated when Trooper Withers conducted a dog sniff of the car, which led him to search the car and find a large amount of cash. Mr. Hoskins was arrested, and his DNA was collected. Mr. Hoskins sued Trooper Withers and Jess Anderson, Commissioner of the Utah Department of Public Safety, alleging violations of the First and Fourth Amendments and state law.The United States Court of Appeals for the Tenth Circuit held that Trooper Withers had reasonable suspicion to conduct the traffic stop because Utah law requires license plates to be legible, and this applies to out-of-state plates. The court also found that the dog sniff did not unlawfully prolong the traffic stop, as Mr. Hoskins was searching for his proof of insurance at the time. The court ruled that the trooper's protective measures, including pointing a gun at Mr. Hoskins, handcuffing him, and conducting a patdown, did not elevate the stop into an arrest due to Mr. Hoskins's confrontational behavior.The court further held that the dog's reaction to the car created arguable probable cause to search the car and that the discovery of a large amount of cash provided arguable probable cause to arrest Mr. Hoskins. The court found that Trooper Withers did not violate any clearly established constitutional rights by pointing a gun at Mr. Hoskins in retaliation for protected speech or as excessive force. Lastly, the court found no violation of Mr. Hoskins's due process rights related to the handling of his DNA sample, as neither the Due Process Clause nor state law created a protected interest in a procedure to ensure the destruction of his DNA sample. View "Hoskins v. Withers" on Justia Law

In this case, defendant Charles Yeager-Reiman, a veteran, pleaded guilty to misdemeanor grand theft in connection with fraudulent activities related to veterans' benefits from the United States Department of Veterans Affairs (VA). Yeager-Reiman appealed his conviction, arguing that his prosecution was preempted by federal law, as his offenses concerned the theft of benefits from the VA.The Court of Appeal of the State of California Second Appellate District Division Five disagreed with Yeager-Reiman's contention, and affirmed the lower court's judgement. The court ruled that federal preemption did not apply in this case. While federal law establishes the guidelines and regulations for VA benefits, it does not prohibit state-level criminal prosecutions for fraudulent activities related to these benefits.In terms of field preemption, the court determined that the provisions of the federal law did not indicate an intent by Congress to occupy the field of criminal prosecution of veterans in connection with the theft of VA benefits. As for obstacle preemption, the court found that allowing state-level prosecutions for theft of VA benefits actually promotes Congress's purpose of aiding veterans by preserving funds for veterans' benefits through deterrence.Therefore, the court concluded that neither field preemption nor obstacle preemption deprived the trial court of jurisdiction to hear Yeager-Reiman's case. View "People v. Yeager-Reiman" on Justia Law

In this case, the Los Angeles County District Attorney appealed an order denying the prosecution’s attempt to reinstate charges accusing two defendants, Woodrow Kim and Jonathan Miramontes, of filing false peace officer reports. The charges were related to a police incident involving a high-speed chase and subsequent officer-involved shooting. The defendants, both deputies with the Los Angeles County Sheriff’s Department, were accused of falsely reporting that a suspect, Martinez, had walked into their patrol vehicle and remained standing, when in fact, video evidence showed that the patrol car’s door had hit Martinez with enough force to knock him to the ground. The Court of Appeal of the State of California, Second Appellate District, Division Five, reversed the lower court's decision, concluding that there was a rational basis for believing that both deputies had filed false reports in violation of Penal Code section 118.1. The court ordered the lower court to reinstate the complaint and return the matter to the magistrate for further proceedings. View "P. v. Kim" on Justia Law

The Indiana Supreme Court vacated the theft convictions of Jennifer Teising, a former township trustee. Teising had been convicted on 21 counts of theft after she moved out of the township she represented and continued to collect her salary while working remotely. The court held that the state did not present sufficient evidence that Teising had the required criminal intent for theft, specifically that she believed she was not supposed to continue collecting her salary. Therefore, the court ruled that without criminal intent, the only available remedies were civil, such as a quo warranto action to remove Teising from office or a conversion claim to recover allegedly misappropriated money. View "Teising v. State of Indiana" on Justia Law

In November 2013, Ahmad Rashad Davis was indicted for Medicaid fraud and theft by deception for defrauding Medicaid of $14,505.36 by falsifying timesheets over two years. In May 2014, the Commonwealth of Kentucky and Davis entered into a plea agreement in which Davis agreed to plead guilty to Medicaid fraud, and in exchange, the Commonwealth recommended to the trial court that Davis's theft by deception charge be dismissed. The trial court accepted Davis's guilty plea and sentenced him to one year of imprisonment, probated for three years or until restitution was paid in full, and dismissed the theft by deception charge. In December 2021, Davis filed a petition to expunge the theft by deception charge. The Commonwealth objected, arguing that the charge was dismissed in exchange for Davis's guilty plea to Medicaid fraud, making it ineligible for expungement under Kentucky Revised Statute (KRS) 431.076(1)(b). The circuit court granted Davis's petition without holding a hearing, and the Court of Appeals affirmed the decision. The Supreme Court of Kentucky granted discretionary review and reversed the decisions of the lower courts.The Supreme Court of Kentucky held that a circuit court can look beyond the sentencing court's final judgment to determine whether a dismissal was granted in exchange for a guilty plea to another charge. The court ruled that the circuit court erred in failing to do so in Davis's case. As a result, the Supreme Court reversed the Court of Appeals and vacated the circuit court's order granting expungement. View "COMMONWEALTH OF KENTUCKY V. DAVIS" on Justia Law

The United States Court of Appeals for the Fifth Circuit affirmed the district court’s decision to order Marty Johnson, the owner of a mental health rehabilitation clinic, and Keesha Dinkins, an employee of the clinic, to pay $3.5 million in restitution. Johnson and Dinkins had pleaded guilty to charges related to a fraudulent billing scheme targeting Medicaid that lasted from 2014 to 2018. On the day before their jury trial was set to begin, both defendants pled guilty to their respective charges and agreed in their plea deals to recommend $3.5 million in restitution. However, after their pleas were accepted, both defendants objected to the restitution order, arguing that it was erroneous. Johnson challenged the loss and restitution calculation while Dinkins argued that the entire loss should not have been attributed to her. The court held that the defendants were bound by the plea agreements they had made and affirmed the district court’s order for each defendant to pay $3.5 million in restitution. The court found that there was sufficient evidence to support the pleas, the restitution amount did not exceed the actual loss, and the district court appropriately used the total loss amount when calculating Dinkins’s sentence. View "USA v. Dinkins" on Justia Law