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Criminal Law & Procedure

[12/01] Ballard v. Heineman
In a 42 U.S.C. section 1983 action alleging plaintiff was the victim of defendant-state trooper's racially-motivated traffic stop and subsequent unconstitutional search and seizure, which defendants-officials promoted through policies that encouraged the targeting of racial minorities, summary judgment for defendants is affirmed where: 1) plaintiff created no genuine issues of material fact challenging unopposed statements of fact showing no constitutional violations occurred as a matter of law; and 2) the district court did not abuse its discretion in denying further discovery.

[12/01] US v. Street
A conviction for aiding and abetting the intentional killing of an individual in furtherance of a drug trafficking offense is reversed and remanded for a new trial where: 1) it was an abuse of discretion to deny defendant's motion for a mistrial following testimony by a government witness that defendant had admitted failing a polygraph examination; 2) it was reversible error to allow extensive testimony on the violent, lawless tendencies of a particular motorcycle gang; and 3) neither error alone, and certainly not the two in combination, could be considered harmless.

[12/01] US v. Stierhoff
Conviction and sentence for four counts of income tax evasion are affirmed over claims that the district court failed to: 1) suppress evidence; 2) recognize the government's duty to prove that defendant was a person subject to the tax code; 3) grant judgment of acquittal premised upon evidentiary insufficiency; 4) cabin the use of a summary witness; and 5) limit its sentencing calculus to facts found by the jury.

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