Tuesday, November 29, 2011

1st Circuit denies issue-of-first-impression appeal of cyberstalking defendant

"On Nov. 23, a unanimous panel in U.S. v Walker rejected Jeffrey Martin Walker's appeal of his August 2009 conviction on counts of stalking — and mailing a threatening letter targeting — his wife. He was sentenced to 11 years and five months in prison in December 2009.

The 1st Circuit rejected Walker's argument that the interstate stalking statute applies only to injuring or harassing acts that occur during or after interstate travel. The court also held that the charge for mailing a threatening letter can apply even when the letter threatens someone other than the addressee. Finally, the court held that a defendant's failure to challenge a perceived indictment error before the trial is a waiver according to the Federal Rules of Criminal Procedure."  More
First posted Nov. 28, 2011 by Sheri Qualters in National Law Journal

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