Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Denial of Petition for Habeas Relief For Sixth Amendment Violation Reversed, Plus Other Criminal Matter

By FindLaw Staff on October 05, 2010 3:21 PM

US v. Soto-Sanchez, 08-3541, concerned a challenge to the district court's application of a sixteen-level enhancement to a defendant's offense level under U.S.S.G. section 2L1.2 based on his prior conviction for attempted kidnapping, in a prosecution of defendant for illegal reentry into the United States after deportation.  In affirming, the court held that the six offenses punished by Michigan's former kidnapping statute either fall within the generic, contemporary meaning of kidnapping or have an element involving the use of force, and as such, under the categorical approach, the court cannot look beyond the statute as defendant was necessarily convicted of a crime of violence within the meaning of U.S.S.G. section 2L1.2(b)(1)(A) when he pled guilty to attempted kidnapping in Michigan state court.

 

Ayers v. Hudson, 08-3310, concerned a challenge to the district court's denial of defendant's petition for habeas relief from his murder conviction.  In reversing, the court remanded the matter as, because the state intentionally created a situation likely to induce defendant to make incriminating statements without the assistance of counsel, defendant's Sixth Amendment right to counsel was violated, and the Ohio Court of Appeals unreasonably ruled to the contrary.

Related Resources:

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard