Criminal Procedure

Supreme Court Turns Down Case of Bible-Consulting Jurors

The U.S. Supreme Court has refused to hear a death-row inmate’s claim that his constitutional rights were violated when jurors consulted a Bible during deliberations. The case, Oliver v. Quarterman, is the second turndown by the court this term that involved jurors consulting the Bible, SCOTUSblog reports. In both cases,…

Apr 20, 2009 3:56 PM CDT

Law Profs Sue West, Say ‘Sham’ Pocket Part Identified Them as Authors

Two law professors who wrote a treatise on Pennsylvania criminal law claim in a lawsuit that West Publishing falsely identified them as the authors of a poorly researched “sham” pocket part. The professors, David Rudovsky of the University of Pennsylvania and Leonard Sosnov of Widener Law School, are seeking an…

Apr 16, 2009 3:22 PM CDT

N.C. Law Firm’s Claimed Role in Serving Warrants on Witnesses Sparks Mistrial

A judge in Alamance County, N.C., has declared a mistrial, after attorneys at a local defense firm were accused of playing a role in persuading the sheriff’s office to serve warrants from several years previously on two government witnesses who were testifying in a kidnapping and attempted rape case. In…

Apr 15, 2009 10:42 PM CDT

Blagojevich’s Reality Show Dream Needs Federal Judge’s OK

Anyone who thinks Illinois Gov. Rod Blagojevich plans to hole up with his lawyers to plan his defense on federal corruption charges should think again. Instead the impeached governor has plans to star on an NBC reality show, I’m a Celebrity … Get Me Out of Here, the Chicago Tribune…

Apr 15, 2009 12:31 PM CDT

High Court Says Gov’t Must Pay for Clemency Counsel

In a 7-2 opinion Wednesday, the U.S. Supreme Court held that the government should pay federally appointed lawyers for working on state clemency requests for death row inmates. The underlying case involved a clemency petition by Edward Jerome Harbison, who wanted the government to pay for his petition to the…

Apr 1, 2009 3:30 PM CDT

Judge’s Ultimatum to Prosecutors: Name Crime Victims, or Cases Will Be Dismissed

A Minnesota judge fed up with cases coming to her without names of crime victims has ordered prosecutors to produce fully identified. Initials won’t do. Excluded from her ruling are cases involving juveniles or victims of sex crimes. However, according to the St. Paul Pioneer Press, Judge Margaret Marrinan, of…

Mar 25, 2009 5:30 PM CDT

Supreme Court Weighs Collateral Estoppel and an Enron Executive’s Retrial

The U.S. Supreme Court considered yesterday whether former Enron executive F. Scott Yeager can avoid a retrial on some counts that produced a jury deadlock after his acquittal on other related charges. Lawyer Samuel Buffone argued that Yeager’s acquittal on charges of wire and securities fraud resolved the common elements…

Mar 24, 2009 4:18 PM CDT

Supreme Court Rejects ‘Nothing to Lose’ Standard for Ineffective Assistance Claim

The U.S. Supreme Court has ruled against an inmate convicted of murder who claims his lawyer provided ineffective assistance of counsel by advising him to withdraw an insanity plea. The opinion (PDF) by Justice Clarence Thomas said that the 9th U.S. Circuit Court of Appeals had improperly determined that the…

Mar 24, 2009 3:09 PM CDT

Appeals Court Denies Bail for Madoff, Cites Chance of Hidden Assets

Acting just one day after oral arguments, a federal appeals court has denied bail for Bernard Madoff, who is awaiting sentencing for operating a $65 billion Ponzi scheme. The 2nd U.S. Circuit Court of Appeals affirmed the trial judge’s decision to keep Madoff, 70, in jail on the ground that…

Mar 20, 2009 4:04 PM CDT

Lawyers and Wannabes Sharpen Skills with Objection! Video Game

A guest blogger for PC World raves about the Objection! video game testing players’ ability to identify objectionable courtroom questions. The reviewer played the role of a lawyer defending an accused murderer. She noted that players have to raise their objection before the witness answers a prosecutor’s question, with less…

Mar 12, 2009 6:45 PM CDT

Supreme Court Vacates Ruling Allowing Indefinite Detention of Terrorism Suspect

The U.S. Supreme Court won’t be hearing a challenge to the indefinite detention of an alleged enemy combatant following his recent indictment. The high court dismissed the case as moot and vacated a federal appeals court decision upholding the president’s power to detain the terrorism suspect, Ali Saleh Kahlah al-Marri,…

Mar 6, 2009 7:13 PM CST

‘Unusually Engaged’ Justices Appear Split on Inmate Right to DNA Test

Liberals and conservatives on the U.S. Supreme Court appeared divided yesterday on whether a convict has a constitutional right to a DNA test of evidence, leaving Justice Anthony M. Kennedy once again as the man in the middle. Kennedy appeared at times to agree with both sides during oral arguments,…

Mar 3, 2009 1:37 PM CST

Waterfront Eatery With Pager Problem Hires Diver; Was He a Police Agent?

When Chris Shake ran short of the pagers he gave to customers who wanted to stroll outside while awaiting a table at his Old Fisherman’s Grotto eatery, he suspected a competitor of taking both his customers and the seating devices. So the can-do Monterey, Calif., restaurateur set out to prove…

Feb 25, 2009 6:58 PM CST

Top Texas Judge Faces Ethics Case Over Late Filing Refused on Inmate’s Execution Day

The State Commission on Judicial Conduct filed an ethics complaint today against the presiding judge of the Texas Court of Criminal Appeals concerning her controversial refusal to accept a late filing in a death penalty case on the day of the inmate’s scheduled execution. The commission’s complaint (PDF) against Judge…

Feb 19, 2009 11:17 PM CST

Judges Should Control Sex Offender Registration, ABA House Says

Congress should amend existing statutes to allow judges to determine whether juveniles convicted of sex crimes should be required to register as sex offenders, the ABA’s policymaking House of Delegates said today. Federal law currently require all youths 14 years old or older who are convicted of sex-related offenses to…

Feb 16, 2009 2:07 PM CST