U.S. v. Johnson

1 Citing case

  1. Johnson v. United States

    860 F. Supp. 2d 663 (N.D. Iowa 2012)   Cited 59 times
    Finding that "[t]he fact that Johnson was later able to find a mental health expert, Dr. [George] Woods, to opine that she was not competent to stand trial does not make trial counsel's conduct at the time of trial unreasonable" where trial counsel had not received any indication from the mental health experts or observations of Johnson's demeanor and behavior to indicate that she was incompetent

    215, 143 L.Ed.2d 311 (1999), in which the defendant contended that the death penalty provisions of 21 U.S.C. § 848 are unconstitutional, because they treat “aggravating factors,” which permit imposition of the death penalty, as mere “sentencing factors,” rather than as elements of capital offenses, and that what she calls the “relaxed evidentiary standard” in the penalty phase for sentence determination under § 848 violates a defendant's due process, confrontation, and cross-examination rights.); United States v. Johnson, 239 F.Supp.2d 897 (N.D.Iowa 2002) (death penalty case involving prosecutions for murders of witnesses; defendant's motion to dismiss counts: challenge to five counts of murdering witnesses on the ground that the counts were barred by the statute of limitations for non-capital crimes, where no constitutionally effective death penalty was available at the time of the alleged murders, and challenge to conspiracy count on the ground that it was untimely and duplicitous); United States v. Johnson, 236 F.Supp.2d 943 (N.D.Iowa 2002) (death penalty case involving prosecutions for murders of witnesses; ruling on appeal of magistrate judge's disposition of motion to compel discovery pursuant to stipulated order: interpretation, pursuant to contract principles, of stipulation regarding copying of “non-interview documents”); United States v. Johnson, 225 F.Supp.2d 1022 (N.D.Iowa 2002) (death penalty case involving prosecution for murders while engaging in a conspiracy and murders in furtherance of a continuing criminal enterprise (CCE); government's notice of intent to use evidence and defendant's motion to suppress that evidence: Determination of whether offenses charged in a second indictment, filed after a jailhouse informant obtained self-incriminating evidence from the defendant, were the “same offenses” as offenses charged in a first indictment pending at the time that the informant obtained the evidence “and as to which the evidence was suppressed by separate order” such that the Sixth Amendment right to counse