Peter Smythe Peter Smythe

Federal Expungement

Can a defendant have an indictment expunged if the Government later dismisses all of the charges?

Read More
Peter Smythe Peter Smythe

6th Amendment Right to Counsel

The Fifth Circuit decides that an overnight sequestration order that prevented a defendant from conversing with his lawyer was plain error.

Read More
Peter Smythe Peter Smythe

Garnishment and Appeals

A final order of garnishment requires its own separate notice of appeal. An appeal of the original sentence won’t do.

Read More
Peter Smythe Peter Smythe

Wire Fraud and Victims

The Fifth Circuit holds that the crime of wire fraud doesn’t have to involve an intent to obtain property directly from a victim.

Read More
Peter Smythe Peter Smythe

Search of an Incorrect Address

The Fifth Circuit affirms a conviction when the search warrant contained an incorrect address. The Court held that the agents involved had simply made a mistake.

Read More
Peter Smythe Peter Smythe

Cellphones Are Not Ledgers

Fulton argued that agents obtained evidence on his cellphone in violation of the Fourth Amendment. He first argued that the cellphone wasn’t one of the items to be seized in the original warrant. The Government alleged that the warrant’s reference to “ledgers” was close enough.

Read More