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   Federal Courts - 1st Circuit Court of Appeals - August 13 - August 18, 2009

  
Griffin v. Whitefield, No. 08-2158, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 13, 2009, Decided
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McLaughlin v. Corsini, No. 07-2798, No. 08-1020, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 13, 2009, Decided
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Overview: State court's finding that the inmate failed to establish that the State had a duty to disclose the additional details was not objectively unreasonable or contrary to U.S. Supreme Court precedent since under Brady, the exculpatory information had to be possessed or controlled by the prosecution team or its agents to give rise to a duty to disclose.

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United States v. Fagan, No. 08-1787, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 13, 2009, Decided
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Overview: Where officers executed a warrant to search an apartment and a cellar, defendant's motion to suppress evidence found in a storage closet outside the apartment was properly denied under the Fourth Amendment because an objectively reasonable officer could conclude that the storage closet was appurtenant to the apartment.

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United States v. Textron Inc., No. 07-2631, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 13, 2009, Decided
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Overview: Denial of the IRS's 26 U.S.C.S. ¿ 7604(a) petition on the ground that the papers were protected by the work product privilege was vacated since the privilege was aimed at protecting work done for litigation, not in preparing financial statements, and the corporation's work papers were prepared to support financial filings and gain auditor approval.

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United States v. Lenz, No. 08-2149, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 14, 2009, Decided
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Overview: Because neither a victim's postverdict corroboration of defendant's defense theory nor claims of ineffective assistance of counsel for failing to discover how the victim would have testified constituted newly discovered evidence for purposes of Fed. R. Crim. P. 33, defendant's motions for a new trial were properly denied.

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Lopez-Castro v. Holder, No. 08-1895, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 18, 2009, Decided
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Pakasi v. Holder, No. 06-2389, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 18, 2009, Decided
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Warui v. Holder, No. 08-2278, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 18, 2009, Decided
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