Criminal Procedure

SCOTUS: Suspects Must Speak to Invoke Right to Silence

In a 5-4 ruling, the U.S. Supreme Court has rejected an inmate’s claim that his “persistent silence” for nearly three hours of police questioning indicated he had refused to waive his Miranda rights. A suspect who wants to invoke his right to remain silent must do so unambiguously, Justice Anthony…

Jun 1, 2010 3:08 PM CDT

Cert Petition Challenges ‘Breakdown’ of PD System, Says Defendant Tossed to Lions

A Georgia death-row inmate whose appointed capital defense lawyers were tossed off the case due to funding problems cites a “systemic breakdown of the public defender system” in a petition for certiorari. The petition filed on behalf of Jamie Weis, accused of killing an elderly neighbor, asks the U.S. Supreme…

May 25, 2010 10:30 AM CDT

Supreme Court to Hear Case of Death Row Inmate Seeking DNA Test

The U.S. Supreme Court has agreed to decide whether a Texas death row inmate has the right to DNA tests that his lawyer rejected because he feared they would be incriminating. The Supreme Court agreed today to hear the appeal by inmate Hank Skinner, convicted of murdering his girlfriend and…

May 24, 2010 2:48 PM CDT

7th Circuit Nixes 30-Day Jail Term for Infomercial Pitchman Whose Fans Flooded Judge’s E-Mail Inbox

A 30-day jail term for criminal contempt imposed on an infomercial pitchman after his followers flooded a federal judge’s BlackBerry and courthouse computer inbox with e-mail has been nixed by the Chicago-based 7th U.S. Court of Appeals. Because U.S. District Judge Robert Gettleman didn’t actually see the conduct at issue,…

May 20, 2010 5:59 PM CDT

Representing Defendant & Gov’t Witnesses Sparks Mistrial, Finger-Pointing

Representing, at various times, both the defendant in an attempted murder case and witnesses that the prosecution intends to call at trial put a New York prosecutor and public defender’s office in the hot seat. Judge Andrew Ceresia declared a mistrial yesterday in the week-old Troy trial after assistant public…

May 19, 2010 10:08 PM CDT

Blago Lawyer: ‘He’s a Celebrity Idiot’; Judge: Juror IDs Secret Until After Trial

To reduce the potential pressure on jurors to consider Internet material sent to them by outsiders about Rod Blagojevich, a federal judge in Chicago today said that juror identities will be kept secret from the public until after the former Illinois governor’s upcoming corruption-in-office trial is completed. At this point,…

May 17, 2010 10:13 PM CDT

Sealed DOJ Motion to Seal Public Transcript OK’d Sans Opinion by DC Circuit in Gitmo Case

An already convoluted case concerning the power of federal courts to intervene in government decisions about where to transfer detainees from the Guantanamo Bay military prison has been further complexified by an unusual effort to seal the transcript of a public appellate court hearing in the case. The motion to…

May 12, 2010 11:09 PM CDT

Judge Reportedly Closes Juror Contempt Hearing to Public & Gov’t. Lawyer

A planned contempt hearing today for an unidentified juror accused of violating the judge’s instructions by watching a YouTube video about a reckless homicide case apparently went forward as scheduled. But both the public and a government lawyer in the reckless homicide case weren’t permitted to attend, reports the Louisville…

May 10, 2010 6:04 PM CDT

Dad Can Walk Bride Down Aisle, Federal Judge Rules, But Can’t Talk to Groom’s Father

A defendant on home confinement while awaiting trial in a video gambling case can walk his daughter down the aisle during her August wedding, a federal judge in Chicago has decided. But Casey Szaflarski can’t talk to the father of the groom, ruled U.S. District Judge Ronald Guzman. The limitation…

May 4, 2010 7:30 PM CDT

Man Accused of Murdering Rothstein Firm Partner Is Incompetent for Trial

The man accused of murdering a Florida attorney from a now-notorious law firm is incompetent to stand trial. Tony Villegas was declared incompetent last month by Broward Circuit Judge Michael Gates, after the prosecution and defense team agreed on medical findings by two forensic psychologists, defense attorney Al Milian tells…

May 3, 2010 9:41 PM CDT

Judge Nixes RICO Charges, But Defense Lawyer Still Faces 36 Counts, Including Murder

A New Jersey defense lawyer and former prosecutor accused of participating in a variety of criminal acts up to and including murder will not face three racketeering charges, a federal judge in Newark has decided. Paul Bergrin still faces 36 other counts, reports the New Jersey Law Journal in an…

Apr 23, 2010 8:31 PM CDT

NY Judge Banishes Pot Grower—Guesses on Where He’s Moving?

In an unusual plea deal, New York resident Brian M. Renaud will leave New York permanently in exchange for a probationary sentence. Niagara County Judge Sara Sheldon Sperrazza approved the plea deal for Renaud, who pleaded guilty Wednesday to his second marijuana felony in six years, the Buffalo News reports.…

Apr 23, 2010 3:41 PM CDT

Polanski’s Move to Block Extradition Fails

Director Roman Polanski has failed in his latest attempt to block his extradition to the United States from Switzerland. A California appeals court on Thursday denied a request to end the 33-year-old case by sentencing the acclaimed director, who is under house arrest in Switzerland, to time served, the New…

Apr 23, 2010 11:59 AM CDT

Oops. Ex-Illinois Gov’s Unredacted Filing Seeking Obama’s Testimony Is Posted Online

Attorneys for impeached former Illinois Gov. Rod Blagojevich today filed a motion asking a federal judge in Chicago to subpoena President Barack Obama to testify at Blagojevich’s upcoming corruption trial. But a computer glitch has made numerous redactions in the motion public, reports the Chicago Tribune. To see the redacted…

Apr 22, 2010 10:30 PM CDT

Judge Resigns, Avoiding Ethics Probe re Alleged Relationship with Prosecutor

A South Florida judge accused of failing to disclose a close relationship with a prosecutor who was trying a first-degree murder case in her courtroom has resigned her seat on the bench, thus avoiding the need to answer an ethics complaint brought against her by the state Judicial Qualifications Commission.…

Apr 22, 2010 9:05 PM CDT