Case Summaries

Criminal Law & Procedure

[11/21] Jimenez-Gonzalez v. Mukasey
Petition for review of an order of removal based on petitioner's conviction on a state charge of criminal recklessness is granted where criminal recklessness is not a crime of violence for immigration purposes.

[11/21] Dale v. Poston
In a federal prisoner's suit alleging Eighth Amendment violations by prison employees who allegedly failed to protect him from an attack by another inmate, summary judgment for defendants is affirmed where there was no evidence that any of the defendants were aware of facts from which they could draw an inference of substantial harm.

[11/20] Morgan v. State of Delaware
Convictions for various drug-related offenses are affirmed over claims of error where: 1) a warrant to search defendant's home that was supported by information from a confidential informant was based on sufficient probable cause; and 2) no curative instruction was required following a sustained objection by defendant regarding the admission of two police property forfeiture forms.

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