Jay Scott Bybee

“We conclude that Bruce presented sufficient evidence that, if believed, established her Indian status. We further hold that the court's error was not harmless. We therefore reverse.”

“We must decide whether a state court's failure to hold an evidentiary hearing sua sponte when presented with evidence of juror bias is contrary to, or an unreasonable application of, clearly established federal law ... We hold that it is not. Accordingly, we affirm the decision of the district court denying the appellant's petition for a writ of habeas corpus.”

“Concluding that Smith's suit is within the first exception of Montana v. United States ... and the rule in Williams v. Lee ... we affirm.”

“Because the officers had no reason to believe that Flatter was armed or dangerous, the officers had no grounds for the search. We reverse the ruling of the district court and vacate Flatter's conviction.”

“Finding that the record is clear that counsel requested critical jury instructions that were correct under federal law but clearly in error under Idaho law and that the error was not harmless, we reverse the judgment of the district court and grant the writ.”

“We hold that the district court lacked in personam jurisdiction over Bustos and, therefore, erred when it entered the order of disgorgement against him. ... We therefore VACATE the district court's order and REMAND for further proceedings consistent with this opinion. VACATED and REMANDED.”

“For the forgoing reasons, Snipe's conviction and sentence are AFFIRMED.”

“We affirm the district court's ruling that Craighead was not entitled to a Franks hearing ... On the Miranda question, we reverse the district court's ruling that the interrogation in Craighead's home was not custodial and that Miranda warnings were not required. Craighead's self-incriminating statements should have been suppressed. We remand for further proceedings.”

“For the reasons explained below, we agree that Slovik was denied his confrontation rights and that the right was clearly established; accordingly, we reverse.”

“Because the area in which the police officers discovered the incriminating evidence 'immediately adjoin[ed] the place of arrest,' the officers were justified in conducting a search of that area without either probable cause or reasonable suspicion ... we nevertheless affirm the district court's denial of the suppression motion.”

“On appeal, the government argues that we have recognized similar extended border searches as reasonable. We agree with the government and reverse the judgment of the district court.”

“We reverse and remand so the district court can determine under the proper standard whether an Article 17 'accident' has occurred. REVERSED AND REMANDED.”