Thursday, November 15, 2012
Second Circuit -- United States v. Siddiqui
Presumption against extraterritoriality doesn't apply to criminal offenses, and this type of offense (shooting Americans) is prone to occurrence outside the US, so extraterritorial application is OK.
Even in active theatres of war.
This includes firearms offenses.
Documents planning mass destruction are in to show motive.
Competence to stand trial means that the decision to testify is competently made, even over defense counsel objection. (Limited to facts of case - judge did not err in allowing.)
Unmirandized & medicated statements in as voluntary.
Terrorism sentencing bump properly made.
United States v. Siddiqui
Topics (DO NOT RELY ON THIS)
Sentencing
(334)
FRCP
(298)
Administrative Law
(230)
Crim
(219)
FRE
(141)
Immigration
(141)
Fourth Amendment
(129)
S1983
(128)
Discrimination
(117)
Contract Interpretation
(113)
Habeas
(113)
Labor/Employment
(91)
Intellectual Property
(89)
Bankruptcy
(86)
Prisoner Litigation
(80)
Ineffective Assistance
(67)
Free Speech
(62)
Jury Instructions
(60)
AEDPA
(59)
Class Actions
(53)
Legal Ethics
(52)
Standing
(51)
Errata
(49)
Sufficient Evidence
(49)
ERISA
(46)
Tax
(46)
Torts - General
(45)
Securities
(43)
FRCrimP
(41)
Arbitration
(39)
Circuit Split
(39)
Conflict of laws
(38)
Statute of Limitations
(35)
Fees
(34)
Poz
(32)
Due Process claims
(31)
Conspiracy
(30)
Miranda
(28)
Announcements
(27)
Preemption
(27)
International Law
(26)
Sovereign Immunity
(26)
Religion
(24)
Communications /Computers
(21)
Jury Selection
(19)
ACCA
(18)
Environmental
(18)
Equal Protection
(18)
Guns
(18)
Short Form
(18)
Antitrust
(15)
General/Specific Jurisdiction
(15)
Speedy Trial
(15)
Commerce Clause
(14)
Brady
(13)
Souter
(12)
Double Jeopardy
(11)
SSA
(11)
Tribe Law
(11)
Cruel and Unusual Punishment
(10)
Mootness
(10)
Takings
(10)
White Collar
(10)
Election Law
(9)
Collateral Estoppel
(7)
ADA
(5)
Abstention
(5)
IDEA
(5)
Koz
(5)
Military
(4)
RICO
(4)
FCRA
(3)
Res Judicata
(3)
Board Law
(2)
Excessive Force
(2)
Obstruction
(2)
Patent
(2)
The Fifth
(2)
UCC
(2)
Abortion
(1)
Bail
(1)
Cert
(1)
DNA
(1)
FDCPA
(1)
Public Trial
(1)
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.
Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.
Author's SSRN page here.