Criminal Procedure

1884 ABA Journal Criminal Procedure articles.

Suspect has Fifth Amendment right to refuse police demand to disclose cellphone passcode, top state court rules

A suspect had a Fifth Amendment right to refuse to give police his cellphone passcode, the Utah Supreme Court has ruled. In an opinion citing that right, the court reversed the conviction of a man for kidnapping and assaulting his ex-girlfriend.

Dec 19, 2023 9:26 AM CST

It won’t take long to read apology letters by these 2 lawyers in Georgia election-interference case

The Atlanta Journal-Constitution has obtained apology letters written by lawyers Sidney Powell and Kenneth Chesebro as part of their plea agreements in an election-interference case in Fulton County, Georgia. It didn’t take much ink to reproduce them in full.

Dec 18, 2023 10:39 AM CST

Thieves sought lesser charge because stolen items were on sale; it’s not ‘some defense shenanigan,’ lawyer says

Two men convicted of felony theft this month for stealing from a Kohl’s in Parker, Colorado, had argued that they should have been charged with a misdemeanor because some of the stolen goods were on sale.

Dec 14, 2023 1:30 PM CST

SCOTUS accepts case on scope of law that could impact Jan. 6 prosecutions, case against Trump

The U.S. Supreme Court has agreed to decide whether a Jan. 6, 2021, defendant can be prosecuted for corruptly obstructing an official congressional proceeding, a felony that carries a penalty of up to 20 years in prison.

Dec 13, 2023 11:47 AM CST

Are former presidents ‘above the law’? Acting quickly, special counsel asks SCOTUS for Trump immunity decision

Updated: Special counsel Jack Smith asked the U.S. Supreme Court on Monday to decide whether former President Donald Trump is immune from prosecution for seeking to overturn the 2020 presidential election.

Dec 11, 2023 3:14 PM CST

Federal appeals court narrows federal judge’s gag order in Trump election-interference case

The U.S. Court of Appeals for the District of Columbia Circuit on Friday narrowed a gag order imposed on former President Donald Trump by a federal judge overseeing his election-interference case.

Dec 8, 2023 4:04 PM CST

True-crime stories, like heavy metal, don’t create criminals

Documentaries about murder should be an educational resource, to one extent or another, but sometimes become nothing more than a vehicle to glorify a criminal at the expense at the expense of the victims and their families.

Dec 7, 2023 2:56 PM CST

Murder conviction overturned because eyewitness was legally blind

A judge in Chicago overturned a murder conviction Tuesday after defense lawyers produced evidence that an eyewitness who testified during the 2014 trial was legally blind.

Dec 7, 2023 9:57 AM CST

Private criminal defense lawyers failed to show up for their cases more often than defendants, Philly study finds

Some lawyers are less reliable than defendants when it comes to showing up in court, according to a study of criminal cases in Philadelphia courts during a 10-year span.

Dec 6, 2023 4:12 PM CST

Woman who threw Chipotle order at employee can reduce jail sentence by getting fast-food job

An Ohio woman who threw her Chipotle order at an employee can avoid part of her jail sentence if she works at a fast-food job, a judge ruled last week.

Dec 4, 2023 3:11 PM CST

Needless complexity in the courts and 50 ways to reduce it

Just before stepping down as a judge on the Connecticut Superior Court, Thomas G. Moukawsher published The Common Flaw: Needless Complexity in the Courts and 50 Ways to Reduce It. Moukawsher admits his guide “gets pretty far down in the weeds.” But there’s good reason. It is the weeds, he says, “that are choking the litigation-centered humanity out of courts—with snarled complaints, tangled motion practice, choking discovery, smothering trials and stultifying legal rulings.”

Dec 1, 2023 1:10 AM CST

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