Fifth Amendment

White House counsel cites due process concerns in refusing cooperation in impeachment inquiry

White House counsel Pat Cipollone argued that the impeachment inquiry into President Donald Trump violates due process and separation of powers in his Oct. 8 letter asserting that the White House won’t cooperate.

Oct 9, 2019 12:08 PM CDT

Law student among plaintiffs challenging state law requiring couples getting married to identify race

A law student at Washington and Lee University who is planning an October wedding is challenging a Virginia law that requires couples getting married to list their race.

Sep 9, 2019 2:33 PM CDT

Terrorism watchlist violates due process rights, federal judge rules

A federal judge in Virginia has ruled that the federal government’s terrorism watchlist violates the due process rights of U.S. citizens who are in the database. U.S. District Judge Anthony Trenga of Alexandria ruled Wednesday that the government provides no notice to people who were included on the list, no explanation of the criteria or evidence used to determine watchlist status, and no process to get off the list.

Sep 6, 2019 10:01 AM CDT

9th Circuit rules for noncitizen drug trafficker who claimed violation of his statutory right to a lawyer

Noncitizens subject to expedited removal have a statutory right to a lawyer, at their own expense, in proceedings before immigration judges to determine whether they have a reasonable fear of persecution in their home country, a federal appeals court has ruled.

Aug 21, 2019 11:02 AM CDT

Cops altered mug shot after witnesses said suspect didn’t have tattoos; should ID evidence be tossed?

A lawyer for a defendant charged with bank robbery noticed something amiss when he received the six photos shown to four tellers to see whether they could identify the suspect.

Aug 20, 2019 10:21 AM CDT

Habitual drunkard law is struck down by full appeals court in closely divided opinion

An en banc appeals court has struck down Virginia’s habitual drunkard law in a closely divided opinion. The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals ruled the law is unconstitutionally vague in an 8-7 opinion on Tuesday. The appeals court also said the law raised Eighth Amendment concerns that…

Jul 17, 2019 4:10 PM CDT

New asylum rule is quickly challenged in two lawsuits

Updated: Two lawsuits filed Tuesday on behalf of immigrant aid organizations seek to block a new asylum rule that would prevent most immigrants at the southern border from applying for asylum.

Jul 17, 2019 11:00 AM CDT

Afternoon Briefs: US prosecutor accused of misstatements; is Kevin Spacey case unraveling?

• The Department of Justice is investigating a federal prosecutor accused of falsely blaming case delays on a nonexistent backlog at the Washington, D.C., crime lab, according to court filings. U.S. District Judge Emmet Sullivan has asked federal prosecutors whether the case should be referred to ethics regulators. (The Washington…

Jul 9, 2019 4:23 PM CDT

SCOTUS to consider implied right to sue in case of Mexican boy shot and killed by US border guard

The U.S. Supreme Court agreed Tuesday to consider once again whether the family of a Mexican teen has an implied right to sue in U.S. courts for his fatal cross-border shooting by a U.S. Border Patrol agent. The high court granted cert in the case of Sergio Adrian Hernandez Guereca,…

May 28, 2019 12:22 PM CDT

Do soldiers face double jeopardy in military courts?

When Austin Greening shot and killed his friend and fellow sailor in 2013, he was charged with murder in a Virginia court and pleaded guilty to involuntary manslaughter. He was sentenced to serve three years, with two and a half years suspended.

May 6, 2019 12:23 PM CDT

GPS ankle monitors can call and record people without consent; do they violate 5th Amendment?

Updated: GPS electronic monitoring devices made by a company called the Track Group can call and record people who are required to wear the ankle monitors because they are on probation or awaiting trial.

Apr 9, 2019 11:39 AM CDT

White House counsel cites due process concerns in refusing cooperation in impeachment inquiry

Law student among plaintiffs challenging state law requiring couples getting married to identify race

Terrorism watchlist violates due process rights, federal judge rules

9th Circuit rules for noncitizen drug trafficker who claimed violation of his statutory right to a lawyer

Cops altered mug shot after witnesses said suspect didn’t have tattoos; should ID evidence be tossed?

Habitual drunkard law is struck down by full appeals court in closely divided opinion

New asylum rule is quickly challenged in two lawsuits

Afternoon Briefs: US prosecutor accused of misstatements; is Kevin Spacey case unraveling?

SCOTUS to consider implied right to sue in case of Mexican boy shot and killed by US border guard

Do soldiers face double jeopardy in military courts?

GPS ankle monitors can call and record people without consent; do they violate 5th Amendment?

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