Monday, January 24, 2011

U.S. v. Basher, No. 09-30311 (1-20-11) (Mills, Sr. D.J. C.D.Ill with Wardlaw and Gould).
If a shot is fired in the woods, does anyone hear? Yes, they do, especially if they are off-duty law enforcement camping on National Forest Land. Add to that an illegal fire, and no wonder the agents decided the next morning to investigate. They drove to where they thought the shots were fired, and found a tent with the defendant and son inside. The police car blocked driving away, and they asked the tent occupants to come out. Oh yes, the agents saw shotgun ammunition on the bench. Well, it turns out that the defendant was a prohibited possessor. On appeal from a conditional plea, the 9th held that this was a Terry stop, and that the questioning of the defendant was no custodial and did not require Miranda. The retrieval of a weapon from the tent was under the public safety exception. A warrant was not required here.

Lopez v. Ryan, No. 08-99021 (1-20-11) (McKeown with Graber and Callahan).
The 9th affirms a denial of habeas. The 9th basically held that the state courts did consider all mitigation presented, and did not require or use a requirement of casual connection.


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