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By Shari Allison

A Virginia statute that criminalizes falsifying routing data in spam e-mail violates the First Amendment right to engage in anonymous speech, the Virginia Supreme Court held. Jaynes v. Commonwealth, No. 062388 (Va. S.Ct. 9/12/08) on rehearing 657 SE2d 478.A fraud defendant's Sixth Amendment rights under Bruton were violated when the court admitted a codefendant's affidavit that included references to companies that were largely controlled by the defendant, the 11th Cir. held. After hearing all the evidence about how the defendant controlled the companies, jurors would not have been able to resist inferring a connection between the statements about the companies and the defendant himself. US v. Schwartz, No. 05-11715 (11th Cir. 9/5/08)Disagreeing with, among others, the Tenth Circuit, the Third Circuit held that a defendant does not have to separately object to the adequacy of the sentencing court's explanation of the sentence to preserve an appellate claim that the court failed to properly consider statutory sentencing factors...continue to full post

Full post as published by Tenth Circuit Blog on October 09, 2008 (boomark / email).