The Second Circuit has affirmed Ghislaine Maxwell’s criminal convictions, see No. 22-1426 (2d Cir. Sep. 17, 2024). Maxwell is the notorious codefendant of the even more notorious Jeffrey Epstein: per the Second Circuit, “Maxwell coordinated, facilitated, and contributed to Jeffrey Epstein’s sexual abuse of women and underage girls” between 1994 and 2004. After Epstein’s death … Read more
In United States v. Mendlowitz, No. 21-2049-cr (2d Cir. March 2, 2023) (summary order), the Second Circuit affirms the defendant’s wire fraud convictions, despite possible evidentiary errors and the district court’s refusal to ask about “potential antisemitic bias” during jury selection. On appeal following trial, the defendant challenged the district court’s exclusion of a proffered … Read more
In Flowers v. Mississippi, the Supreme Court ruled 7-2 that death-row inmate Curtis Flowers’ criminal trial was affected by racial discrimination. You can read more about the case here. Georgetown Professors Abbe Smith and Vida Johnson of Georgetown Law’s Criminal Defense & Prisoner Advocacy Clinic, two career criminal defense attorneys, have recorded a video exploring the … Read more
In Flowers v. Mississippi, No. 17-9572, __U.S.__ , 2019 WL 2552489 (June 21, 2019), the Court reversed a death sentence because of a violation of Batson v. Kentucky, 476 U.S. 79 (1986), which prohibits the racially discriminatory use of peremptory challenges. Curtis Flowers was tried in six separate trials, by the “same lead prosecutor” for … Read more
United States v. Gupta, No. 09-4738-cr (2d Cir. June 17, 2011) (Walker, Parker, Hall, CJJ) Anyone who has ever selected a jury in the Southern District knows that the typical voir dire there is a perfunctory affair indeed: a few questions about potential bias, a few about household composition, then you exercise your challenges and … Read more
United States v. Paris, No. 08-5071-cr (2d Cir. September 17, 2010) (Jacobs, Wesley, Chin, CJJ) This interesting Batson decision deals with gender-based peremptory challenges, a subject that the circuit has not previously discussed. Background For about five years, Dennis Paris ran a multi-state prostitution ring centered in the Hartford, Connecticut, area and recruited teenage girls … Read more
United States v. Bermudez, No. 06-5119-cr (2d Cir. June 17, 2008) (Walker, Calabresi, CJJ, Underhill, DJ) Richie Bermudez was convicted, after a jury trial, of being a felon in possession of a firearm. On appeal, he challenged an evidentiary ruling, as well as the district court’s jury selection method. The Evidentiary Ruling Police officers were … Read more
United States v. Quinones, No. 04-5554 (2d Cir. December 28, 2007) (Winter, Cabranes, Raggi, CJJ) This case has lengthy discussions of two important issues. It turns out that the one that has received the less press is actually the more interesting of the two, so we’ll begin with that. 1. Sentencing Error Waived Facts: In … Read more