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Habeas Petition Regarding Civil Commitment and Other Criminal Matter

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By FindLaw Staff on September 15, 2010 9:28 AM

In US v. Williams, No. 10-10612, the court affirmed defendant's conviction for unlawful possession of a firearm where the vehicle stop at issue was justified by the officer's reasonable suspicion, and the resulting search incident to defendant's arrest revealed a hidden gun.

Bauder v. Dep't. of Corrs., No. 10-10657, involved the government's appeal from the district court's grant of petitioner's petition for habeas corpus, in which the district court ruled that petitioner's criminal defense attorney was ineffective by misadvising petitioner regarding the possibility of being civilly committed as a result of pleading to a charge of aggravated stalking of a minor.  The court affirmed where 1) based on counsel's testimony, the court could not say that the district court's factual finding that counsel misadvised petitioner was clearly erroneous; and 2) counsel did not tell petitioner that there was a possible risk of civil commitment, or that the law was unclear as to whether it could apply to petitioner, or that he simply did not know.

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