Monthly Archives: September 2010

Ineffective Assistance of Counsel Requires Deficiency and Prejudice to Verdict

On March 24, 2009, the U.S. Supreme Court reiterated to Mirzayance that in order to succeed on a claim for ineffective assistance of defense counsel, there must be both “deficient performance” by counsel and “prejudice” at trial due to the deficient performance. Knowles v. Mirzayance, 556 U.S. ___ (2009), Slip Op. at *15. Mirzayance claimed […]

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Berghuis v. Thompkins – Latest Miranda Rights Case

On June 1, 2010, the U.S. Supreme Court issued its latest opinion interpreting Miranda rights and specifically the right to remain silent during interrogation. Berghuis v. Thompkins, 560 U.S. ___ (2010). This case arises out of the Sixth Circuit (Michigan) where a fatal shooting occurred at a mall. Id., Slip Op. at *2. Defendant Thompkins […]

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Example of Patent Claim to a Purely Computer Implemented Method

Recently,  I discovered that a piece of SPAM in my email inbox that advertised a patented technology. U.S. Patent No. 7,203,674 is directed to electronic dating. The following independent claim shows a fair sampling of what the U.S. Patent & Trademark Office (USPTO) considers patentable in the realm of computers, at least as of 2007, […]

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No Expectation of Privacy When Using Email

In its most recent (July 30, 2010) opinion involving Forrester, the Ninth Circuit has affirmed that there is little expectation of privacy for Internet traffic, especially as to email to/from addresses. United States v. Forrester, 592 F.3rd 972 (9th Cir. 2010) (“Forrester”).  The court reviewed de novo whether the application for a wiretap of Mr. Forrester’s email was […]

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