Justia Government & Administrative Law Opinion Summaries

Gerardo Arvizu Velador was charged with battery on a peace officer, resisting or obstructing a peace officer, and reckless driving. His counsel requested a competency evaluation, and proceedings were suspended pending this determination. While the competency evaluation was ongoing, Velador's counsel filed a motion for mental health diversion, supported by various reports and records indicating Velador's mental health issues.The trial court granted the motion for mental health diversion before determining Velador's competency, which led the People to appeal to the appellate division of the Riverside County Superior Court. The appellate division upheld the trial court's decision, concluding that the court had jurisdiction to grant mental health diversion even while the competency determination was pending. The appellate division reasoned that the statutes governing mental health diversion and competency did not require a competency determination before granting diversion.The California Court of Appeal, Fourth Appellate District, Division Two, reviewed the case to settle the legal question. The court affirmed the appellate division's decision, holding that a trial court can grant mental health diversion under Penal Code section 1001.36 before resolving a defendant's competency to stand trial. The court found that the statutory language of section 1001.36 and the competency statutes allowed for diversion regardless of the defendant's competency status. The court also determined that the suspension of criminal proceedings under section 1368 did not preclude the trial court from considering and granting diversion. The decision emphasized that diversion could be granted to both competent and incompetent defendants, aligning with legislative intent to provide alternatives to incarceration for individuals with mental health disorders. View "People v. Velador" on Justia Law

This case involves four individuals, Joao Neves, Keith Nunes, Pablo Ortega, and Mario Monteiro, who were convicted of various crimes in Rhode Island and were serving multiple sentences, including life sentences. The issue at hand is the interpretation of a Rhode Island statute, G.L. 1956 § 13-8-13(e), which was enacted in 2021 and provides that any person sentenced for any offense committed prior to their twenty-second birthday, other than a person serving life without parole, shall be eligible for parole review after serving no fewer than twenty years' imprisonment.The state argued that the statute applies only to individuals serving a single sentence and does not require the aggregation of multiple sentences for parole eligibility. The respondents, on the other hand, argued that the statute applies to "any offense," and thus requires the aggregation of multiple sentences, including consecutive sentences, for parole eligibility.The trial justice agreed with the respondents and ordered that each respondent be immediately released on parole. The state appealed, arguing that the trial justice's interpretation of the statute violated the separation-of-powers doctrine by modifying judicial sentences.The Supreme Court of Rhode Island held that the statute mandates the aggregation of a qualified offender’s sentences, including consecutive sentences, for parole eligibility. The court also concluded that the statute, as interpreted, does not violate the separation-of-powers doctrine. However, the court found that the trial justice erred in ordering each respondent to be immediately released on parole, as the statute only provides a qualified offender the opportunity to appear before the parole board, not the right to be paroled. The court affirmed in part and vacated in part the judgments of the lower court, and remanded the cases to the parole board for further proceedings. View "Neves v. State of Rhode Island" on Justia Law

The case revolves around the defendant, Maurice Williams, whose supervised release was revoked after evidence was presented that he sold fentanyl to a confidential informant (CI) during a controlled buy. Williams had previously pleaded guilty to charges of distributing crack cocaine and unlawful possession of a firearm. His supervised release was revoked in 2020 due to violation of his release conditions, and he was sentenced to an additional 18 months’ imprisonment, followed by two years of supervised release. In 2023, his supervised release was recommended for revocation again due to alleged violations including unlawful possession of a controlled substance and committing another crime.The United States District Court for the District of Kansas held a revocation hearing where the government introduced evidence of the controlled buy, including testimony from Kansas City Police Officers and a video of the controlled buy. The court found that Williams sold fentanyl and therefore committed a Grade A violation, but did not find a violation related to the firearm. The court revoked his term of supervised release and sentenced him to 24 months’ imprisonment.On appeal to the United States Court of Appeals for the Tenth Circuit, Williams argued that the district court erred by admitting evidence of the controlled buy without conducting an interest-of-justice balancing test under Federal Rule of Criminal Procedure 32.1(b)(2)(C) to determine whether the CI should have been required to be available for cross-examination at the hearing, and that the evidence was insufficient to show that he sold fentanyl. The Court of Appeals affirmed the district court's decision, stating that no balancing test was required because the court did not rely on any hearsay statements by the CI, and the evidence was sufficient to establish guilt by a preponderance of the evidence. View "United States v. Williams" on Justia Law

The case revolves around John Thomas Bujak, who pleaded guilty to grand theft and was placed on probation with the condition of serving thirty days in jail. Bujak scheduled his jail time on weekends to maintain his employment during the week. After serving his first jail stay from Friday morning to Sunday morning, Bujak learned that he would receive credit for two days of jail time. He then moved the district court for credit for time served, arguing that he should receive three days credit because he served time over the course of three calendar days.The district court denied Bujak’s motion, interpreting that the terms of its probation order required Bujak to serve thirty, twenty-four-hour periods in jail. Bujak appealed this decision, arguing that Idaho Code section 18-309 required the district court to award him one day of credit for each partial day of jail time he served.The Supreme Court of the State of Idaho affirmed the district court’s order. The court concluded that neither section 18-309 nor section 19-2603 applies to the calculation of Bujak’s time served. Instead, the court found that Idaho Code section 19-2601(3) controls, which allows a district court to withhold judgment and impose probation terms it deems necessary and appropriate. The court agreed with the district court's interpretation that Bujak was required to serve thirty, twenty-four-hour days in jail as a term of his probation. View "State v. Bujak" on Justia Law

The case revolves around Huazhi Han, who was convicted on charges of money laundering and related offenses. Han used his electronic goods business to launder drug proceeds for Mexican drug traffickers. The Drug Enforcement Administration (DEA) and Chicago Police Department (CPD) began investigating a money laundering organization in Chicago, in which Han played a key role. Han received cash proceeds from a drug trafficker, Rafiq Roman, on multiple occasions. After Roman's arrest, he cooperated with the authorities, leading to Han's arrest. The officers found a loaded firearm, approximately $200,000 in cash, and lookalike currency in Han's car. They also searched Han's home, where they found nearly $1.3 million in cash, a money counter, rubber bands, and firearms.Han was indicted on four charges, including conspiracy to commit money laundering and operating an unlicensed money transmitting business. Before trial, Han moved to suppress the evidence seized from his home, arguing that the officers searched his home without a warrant or consent. The district court denied the motion, finding that Han's wife had voluntarily consented to the search. The case proceeded to a jury trial, where Han was convicted on all counts.On appeal, Han argued that the district court erred in denying his motion to suppress, admitting threat evidence, and denying his motion for a mistrial based on the government’s closing argument. The United States Court of Appeals for the Seventh Circuit found no error and affirmed the district court's decision. The court held that Han's wife had voluntarily consented to the search of their home, the threat evidence was admissible as it was directly related to Han's crimes, and the prosecutor's remarks during closing arguments did not result in an unfair trial. View "United States v. Huazhi Han" on Justia Law

A state agency (the Agency) is under investigation by the Federal Bureau of Investigation and the United States Department of Justice (DOJ) for alleged criminal wrongdoing by senior Agency personnel. The DOJ requested the district court to determine that certain Agency communications were not protected by the attorney-client privilege. The district court agreed, ruling that the Agency could not invoke the attorney-client privilege to avoid producing evidence and witness testimony regarding four general categories of information. The Agency did not challenge the district court’s ruling as to the first three categories, but disputed the fourth category, which pertained to any actions or communications contemplated or undertaken by the Agency to interfere in or obstruct the current Federal investigation.The district court had previously granted the DOJ's application, ruling that the Agency could not invoke the attorney-client privilege to avoid producing evidence and witness testimony regarding four general categories of information. The Agency sought to modify or rescind this order, but the district court only partially granted the Agency's motion. In April 2024, DOJ served grand jury subpoenas on two senior Agency employees. The Agency moved to quash the subpoenas, but the district court denied the motion.The United States Court of Appeals for the Fifth Circuit denied the Agency's petition for a writ of mandamus, which sought to override the district court's order allowing grand jury testimony to proceed. The court found that the Agency failed to show a clear and indisputable right to relief. The court also denied the Agency's emergency motion to stay grand jury proceedings. The court clarified that government attorneys may assert the attorney-client privilege as to state agency communications that were conducted in confidence and for the purpose of providing legal advice. However, the court also noted that the crime-fraud exception to the privilege may apply, and left this determination to the discretion of the district court. View "In re Sealed Petitioner" on Justia Law

Ronald Tilley, the appellant, was convicted for robbing a credit union in Bangor, Maine, in 2019. His pre-sentence investigation report (PSI Report) revealed two prior convictions involving potential sexual misconduct, leading to a suggestion for special conditions of supervised release requiring Tilley to participate in sex-offender treatment. The first conviction in 2005 involved an incident where Tilley's then-wife accused him of choking and sexually assaulting her. The second conviction in 2008 was for violating a protective order and involved sexually explicit text messages allegedly exchanged between Tilley and his underage niece. Tilley objected to the sex-offender treatment conditions, leading to a compromise requiring him to undergo a Sexual Offense Assessment and Treatment Evaluation (SOATE).The SOATE, conducted by a licensed clinical social worker, placed Tilley in the "well below average risk" category for sexual recidivism due to the time elapsed since his last sexual misconduct. However, the assessment recommended caution due to a deceptive response in a sexual history polygraph. The SOATE also diagnosed Tilley with antisocial personality disorder and opioid use disorder, and recommended that he have no unsupervised contact with minors and participate in weekly group therapy for sexually problematic behavior.Based on the SOATE report, the government petitioned to add several special conditions to Tilley's supervised release terms, including participation in sex-offender treatment and restrictions on associating with minors. Tilley objected to these conditions, arguing that they were not supported by his previous convictions and that the relevance of these convictions was significantly mitigated by the time elapsed without any sexual misconduct incidents.The United States District Court for the District of Maine granted the government's petition, finding that the proposed modifications promoted the goals of supervised release. The court also found the conditions restricting Tilley's association with minors to be proportionate and reasonably related to the goals of supervised release and his history and characteristics.Tilley appealed, arguing that the district court relied on "clearly erroneous facts" in imposing the modified conditions. The United States Court of Appeals for the First Circuit reviewed the case for abuse of discretion and found no clear error. The court upheld the district court's decision, concluding that the modified conditions were reasonable and supported by the record. View "US v. Tilley" on Justia Law

Between 2012 and 2015, Anthony D’Ambrosio and Armando Delgado were involved in a sex trafficking ring that operated across several states. They were responsible for transporting victims, collecting money, providing security, and supplying drugs to the victims. In 2015, a federal grand jury indicted them, and in 2017, a jury convicted them of several crimes, including sex trafficking of children and transportation of an individual to engage in prostitution. As part of their sentences, the District Court required them to comply with the Sex Offender Registration and Notification Act (SORNA) as a condition of their supervised release.Delgado objected to the SORNA registration requirement at his sentencing, arguing that his offenses did not require SORNA registration. The District Court acknowledged that it was unclear whether the SORNA requirement applied to Delgado’s offenses and delegated the determination to the Probation office. Delgado appealed this decision, but the Court of Appeals affirmed the District Court's decision, stating that the District Court did not impose any SORNA requirement. However, following his direct appeal, Probation required Delgado to register under SORNA. Delgado challenged this condition, but the District Court denied his motion, stating that it lacked jurisdiction to consider his legal challenge.D’Ambrosio, on the other hand, did not object to the SORNA registration requirement at his sentencing. The District Court required D’Ambrosio to comply with SORNA as a condition of his supervised release. D’Ambrosio first challenged the SORNA requirement in a motion to modify, which the District Court also denied on the grounds of lacking jurisdiction.The United States Court of Appeals for the Third Circuit reversed the District Court's decisions. The Court of Appeals held that the District Court erred in delegating its responsibility to determine the applicability of SORNA to the Probation office and in concluding that it lacked jurisdiction to consider the defendants' motions to modify the conditions of their supervised release. The case was remanded for further proceedings. View "United States v. D’Ambrosio" on Justia Law

The case involves James Snyder, the former mayor of Portage, Indiana, who was convicted of accepting an illegal gratuity in violation of 18 U.S.C. §666(a)(1)(B). In 2013, while Snyder was mayor, Portage awarded two contracts to a local truck company, Great Lakes Peterbilt, and purchased five trash trucks from the company for about $1.1 million. In 2014, Peterbilt paid Snyder $13,000. The FBI and federal prosecutors suspected that the payment was a gratuity for the City’s trash truck contracts, but Snyder claimed that the payment was for his consulting services as a contractor for Peterbilt. A federal jury convicted Snyder, and the District Court sentenced him to 1 year and 9 months in prison. On appeal, Snyder argued that §666 criminalizes only bribes, not gratuities. The Seventh Circuit affirmed Snyder’s conviction.The Supreme Court of the United States reversed the Seventh Circuit's decision. The Court held that 18 U.S.C. §666 proscribes bribes to state and local officials but does not make it a crime for those officials to accept gratuities for their past acts. The Court reasoned that the statutory text, history, structure, punishments, federalism principles, and fair notice considerations all support the conclusion that §666 is a bribery statute and not a gratuities statute. The Court concluded that a state or local official does not violate §666 if the official has taken the official act before any reward is agreed to, much less given. Although a gratuity offered and accepted after the official act may be unethical or illegal under other federal, state, or local laws, the gratuity does not violate §666. The case was remanded for further proceedings consistent with the Court's opinion. View "Snyder v. United States" on Justia Law

The case revolves around Joseph Brian McElroy, who was charged with criminal possession of dangerous drugs with intent to distribute, a felony. The charge stemmed from a traffic stop initiated by Trooper Adams for speeding. During the stop, Trooper Adams noticed the smell of marijuana from the vehicle and observed signs of "hard travel." After verifying the driver's information and concluding that the driver was not under the influence, Trooper Adams questioned the occupants about the smell of marijuana. When they denied consent to search the vehicle, Trooper Adams deployed a canine for a sniff test, which led to the discovery of drugs and other items. McElroy filed a motion to suppress the evidence, arguing that the traffic stop was unlawfully extended without sufficient particularized suspicion.The District Court denied McElroy's motion to suppress the evidence. The court found that Trooper Adams had sufficient particularized suspicion to conduct the canine sniff based on the smell of marijuana, signs of hard travel, the occupants' nervousness, and their somewhat differing backstories. McElroy then entered a plea agreement, reserving the right to appeal the denial of his motion to suppress.The Supreme Court of the State of Montana reversed the District Court's decision. The court found that Trooper Adams did not have sufficient particularized suspicion to expand the traffic stop into a drug possession investigation. The court held that factors such as signs of hard travel, traveling from a known drug center in a third-party vehicle, and nervous demeanor, even when considered together, do not constitute particularized suspicion. The court also noted that the smell of marijuana itself does not constitute particularized suspicion sufficient to conclude there could be drugs in the vehicle. Therefore, the court concluded that Trooper Adams's further questioning about the marijuana smell and subsequent use of the canine sniff were unlawful. The court reversed the District Court's order denying McElroy's motion to suppress evidence and the resulting judgment of conviction and sentence. View "State v. McElroy" on Justia Law