In a decision released earlier this week, the Ninth Circuit Court of Appeals held that a conviction for the California offense of assault with a deadly weapon or by means likely to produce great bodily injury, Cal. Penal Code § 245(a)(1), constitutes a crime of violence. United States v. Grajeda, No. 07-50387, slip op. (Sept.

Board member Greer wrote the panel’s decision.This case involved a lawful permanent resident with a long-running history of paranoid schizophrenia who was convicted of assault with a deadly weapon, Cal. Penal Code § 245(a)(1). To increase the likelihood that he received a fair hearing, the immigration judge presiding over his removal case adopted a number of procedural safeguards including ensuring that the migrant was represented by counsel and was able to live with his family during the course of proceedings.

LEXIS 716 (Tex. Crim. App. 10/8/2008) Relief denied, most notably, on claims relating to jury selection, flaws in the indictment, jury instructions, challenge to the statutory mitigating evidence questions, and lethal injection.State v. George Skatzes, 2008 Ohio App. LEXIS 4530 (Ohio 2nd App 10/10/2008) "Many claims asserted by an inmate in his petition for postconviction relief were barred by res judicata where they could have been raised in his direct appeal, including assorted claims of ineffectiveness of counsel, and a failure by the State to disclose Brady materials."[via LexisOne]Week ofOctober 6, 2008– NoncapitalMichael SlovIIk v. Yates, 2008 U.S. App. LEXIS 21008 (9th Cir 10/6/2008) "District court erred in denying § 2254 habeas relief to prisoner convicted of assault, Cal. Penal Code § 245(a)(1); trial court violated U.S. Const. amend. VI Confrontation Clause when, pursuant to Cal.

Similarly, Whatley has failed to show that Mostiler‟s heavy caseload or other shortcomings prejudiced the outcome of his trial, the Court finds."(Initial List)Week ofOctober 6, 2008– NoncapitalMichael Slovak v. Yates, 2008 U.S. App. LEXIS 21008 (9th Cir 10/6/2008) "District court erred in denying § 2254 habeas relief to prisoner convicted of assault, Cal. Penal Code § 245(a)(1); trial court violated U.S. Const. amend. VI Confrontation Clause when, pursuant to Cal.