5th Circuit Rules Lawyer and Client Violated Gag Order; Lawyer Gets $5K Fine, 120-Day Suspension

A federal appeals court ruled (PDF) that a former Dallas mayor pro tem violated a gag order and thus gets another 30 days on top of the 18-year prison sentence he received in 2009 for corruption. And his lawyer, who also spoke out of bounds during the same television interview,…

Apr 7, 2011 5:10 PM CDT

Defense Attorneys in Death Penalty Cases in Philadelphia File Court Challenge to Low Pay

Arguing that the state of Pennsylvania should either pay private defense attorneys adequately for taking on court-appointed capital cases or abolish the death penalty, a group of lawyers has filed suit in Philadelphia. Led by Marc Bookman, the group of lawyers says in its Common Pleas Court filing that Philadelphia…

Apr 6, 2011 9:44 PM CDT

Prosecutors and Judges to Join Police at DWI Checkpoints to Enforce New ‘No Refusal’ Law

In what is billed as a first-of-a-kind law enforcement effort in Jasper County, Mo., prosecutors and judges will be joining police at drunken-driving checkpoints, starting tonight, to enforce a new “no refusal” statute in the state. If motorists who seem to be driving while intoxicated refuse to take a breath…

Apr 1, 2011 10:21 PM CDT

States Split Over Warrantless Searches of Cellphone Data

Apr 1, 2011 7:49 AM CDT

Police in Fla. Town Use Email and Skype to Obtain Warrants While Still on the Scene

A police officer and a county judge in South Florida worked together with prosecutors to develop a Skype-based booking system for the town of Palm Bay that operates as a virtual courtroom at a crime scene. As a suspect is arrested in a driving-under-the-influence case, police forward documents by email…

Mar 29, 2011 11:17 PM CDT

Judge Tosses Indictment of In-House Lawyer Accused in Wellbutrin Probe, Cites Prosecutor Error

A federal judge has dismissed an indictment that had accused a former in-house lawyer of obstructing a probe into Wellbutrin off-label marketing, citing a grand juror’s “elephant in the room” question and a prosecutor’s incorrect response. The ruling by U.S. District Judge Roger Titus of Maryland allows prosecutors to seek…

Mar 24, 2011 5:08 PM CDT

No Quick Miranda Warning Needed for Domestic Terror Suspects Under New FBI Rules

Domestic terrorism suspects may be questioned without an immediate Miranda warning under FBI rules adopted in December. The Wall Street Journal (sub. req.) obtained a copy of the FBI memorandum outlining the policy. It allows the delayed warning in “exceptional cases” when interrogation is needed “to collect valuable and timely…

Mar 24, 2011 11:31 AM CDT

Revelations of Convicted Judge’s Brain Damage, Bipolar Disorder Spur New Hearing Requests

U.S. Attorney Sally Yates says she won’t oppose new hearing requests by defendants sentenced by U.S. District Judge Jack Camp when he was using marijuana, cocaine and a prescription opiate. So far, five out of 16 defendants sentenced during that period have sought new hearings, and at least one has…

Mar 23, 2011 12:58 PM CDT

Judge Refuses to Dismiss Drug Indictments Based on Evidence Collected by Wired Lawyer

A federal judge in Omaha has refused to dismiss the drug cases against an inmate and 10 other defendants based on evidence collected by a Nebraska lawyer who wore a wire. The lawyer, Terry Haddock, supplied Shannon Williams with a cellphone so he could run his marijuana operation from jail…

Mar 22, 2011 1:20 PM CDT

Supreme Court to Consider Investigator Immunity for False Grand Jury Testimony

The U.S. Supreme Court has agreed to decide whether a investigator in a Georgia district attorney’s office has absolute immunity in a civil suit claiming he gave false testimony to a grand jury. The investigator, James Paulk of Dougherty County, had testified that an accountant, Charles Rehberg, had harassed hospital…

Mar 22, 2011 12:48 PM CDT

DOJ Accuses New Orleans Police Department of Racial Profiling in Damaging Report

After a 10-month investigation, the Justice Department on Thursday accused the New Orleans Police Department of racial profiling, using excessive force and arresting people without probable cause. Officers purposefully fired their weapons at 27 African American people from Jan. 2009 to May 2010, the report (PDF) said. The report also…

Mar 19, 2011 1:07 AM CDT

Manhattan’s First Mental Health Court Opens

A court in Manhattan designed for criminal defendants with severe mental illnesses opened Wednesday. “A significant percentage of defendants suffer from mental disorders—an issue that the courts and its criminal justice system partners simply cannot overlook,” New York state Chief Judge Jonathan Lippman stated, reports the Epoch Times. The Mental…

Mar 18, 2011 8:17 PM CDT

Minnesota Supreme Court Chief Justice Cautions Against More Budget Cuts

Minnesota Supreme Court Chief Justice Lorie Gildea, painting a dire portrait of how inadequate funding is adversely affecting the state’s judicial system, warned against more budget cuts. It is estimated state courts need 20 more judges and 270 staffers, Gildea said, the Princeton-Union Eagle reports. Gildea also described situations wherein…

Mar 18, 2011 5:27 PM CDT

Motion: Dismiss ‘Tainted’ Case Against Police Sgt Accused in Katrina Danziger Bridge Killings

A defense lawyer says a “tainted” case should be dismissed against a sergeant accused, along with five other current or former New Orleans police officers, in the killing of civilians on Danziger Bridge during Hurricane Katrina, reports the New Orleans Times-Picayune. Federal prosecutors relied on testimony by Sgt. Kenneth Bowen,…

Mar 16, 2011 8:41 PM CDT

London Judge, in Wig and Full Robes, Tackled Escaping Sex Offender, Prosecutor Says

A 60-year-old judge, in his wig and full robes, wrestled a prisoner almost half his age to the ground to stop him from fleeing his own trial, a prosecutor told jurors Tuesday. Jurors were told that in August, Paul Reid—who already had an indecent assault conviction—tried to escape from his…

Mar 9, 2011 10:33 PM CST