Criminal Procedure

Second Judge Refuses Request to Jail Madoff, Saying Flight Risk ‘Close to Nil’

A second judge has refused to revoke bail for accused financier Bernard Madoff. Ruling in an appeal by prosecutors, U.S. District Judge Lawrence McKenna said the possibility that Madoff will flee is as “close to nil as you can get at this point,” the New York Law Journal reports. McKenna…

Jan 15, 2009 12:33 PM CST

Supreme Court Limits Exclusionary Rule, Allows Evidence Despite Police Error

The U.S. Supreme Court has found an exception to the exclusionary rule for negligent police errors. Tom Goldstein, a Supreme Court litigator who was involved in the case, calls today’s ruling in Herring v. United States “a significant shift in the court’s jurisprudence.” Chief Justice John G. Roberts Jr. wrote…

Jan 14, 2009 6:23 PM CST

Justices Told Case Could Produce ‘Chaos of Constitutional Proportions’

A lawyer for the state of Vermont told the U.S. Supreme Court on Tuesday that a ruling for the defendant in a case on speedy trial rights could lead to “chaos of constitutional proportions.” Christina Rainville, chief deputy state’s attorney for Vermont, told the justices the case had implications that…

Jan 14, 2009 4:28 PM CST

Appeals Court Strikes Down US Civil Commitment Law for Sexually Dangerous

A federal appeals court has struck down a 2006 federal law providing for indefinite civil commitment of sexually dangerous inmates after their prison terms end. The Richmond, Va.-based 4th U.S. Circuit Court of Appeals said Congress intruded on powers reserved for the states, report the Associated Press and the Richmond…

Jan 9, 2009 2:28 PM CST

1st Surrender, Then Contest 1977 Child-Rape Plea, Gov’t Tells Polanski

Fugitive film director Roman Polanski can’t move to have a 1977 statutory rape conviction dismissed based on claimed government misconduct until he turns himself in, a Los Angeles prosecutor contends. The issue is being argued in Los Angeles County Superior Court because lawyers for the 75-year-old resident of France have…

Jan 7, 2009 10:38 PM CST

Ruling Gives Skilling Chance to Raise Prosecutor Misconduct Claim

A federal appeals court opinion ordering a new sentence for former Enron chief executive Jeffrey Skilling gives his lawyers another chance to argue for a new trial. Yesterday’s opinion overturning Skilling’s 24-year-sentence for fraud and conspiracy said U.S. District Judge Simeon Lake III had incorrectly applied sentencing guidelines and ordered…

Jan 7, 2009 12:39 PM CST

Fla. Prosecutor’s Office Disqualified for Listening to Lawyer Phone Calls

A Florida judge has disqualified the entire Broward State Attorney’s Office from trying a murder case after learning that two prosecutors had listened to recordings of the jailed defendant’s phone calls to his attorney. Defendant Luis Martinez’s right to a fair trial was violated by the eavesdropping, Circuit Judge Susan…

Jan 6, 2009 7:59 PM CST

Calling It In

Getting a ticket dismissed because the police officer didn’t show up just got a lot harder in Pima County, Ariz.

Jan 1, 2009 7:00 AM CST

Testy 9th Circuit Judges Consider Purple Heart Lie

Judges on the San Francisco-based 9th U.S. Circuit Court of Appeals appeared testy this week as they considered a colleague’s refusal to order a new trial because of a witness’s Purple Heart lie. Judge Harry Pregerson talked over one judge and made a remark suggesting that Chief Judge Alex Kozinski…

Dec 18, 2008 2:24 PM CST

Bernard Madoff’s Alleged $50B Investor Fraud ‘a Debacle for the SEC’

The Securities and Exchange Commission received several warnings about the conduct of Bernard Madoff, accused last week of cheating investors out of $50 billion in a “giant Ponzi scheme.” Madoff had a reputation for such spectacular investment returns that his conduct aroused some suspicion, but in many circles he had…

Dec 15, 2008 1:10 PM CST

Justice Souter’s Hypo: May Cops Pat Down Anyone Who ‘Looks Like Trouble’?

Justice David H. Souter questioned an Arizona lawyer Tuesday about when and where police officers may search dangerous-looking individuals. The issue in the case was whether officers may pat down passengers in a traffic stop if there is no evidence they are involved in criminal activity. Justices appeared ready to…

Dec 10, 2008 12:34 PM CST

Justice Souter Calls Lawyer’s Argument ‘Utterly Irrational’

A lawyer for the state of Tennessee defending prosecutors’ decision to withhold evidence in a death penalty trial encountered skeptical and indignant questioning from several justices on Tuesday. “There were flashes of incredulity and anger from justices” during the oral arguments, the New York Times reports. At issue is when…

Dec 10, 2008 12:07 PM CST

Exam Videotapes a Treasure Trove for Defense in Calif. Child Sex Cases

An unknown number of child sex-abuse convictions in Santa Clara County, Calif., could be overturned after the discovery of some 3,000 videotapes of medical exams dating back to 1991 that were never turned over to defense lawyers. The tapes, which came to light as medical experts reviewed the cases of…

Dec 8, 2008 6:56 PM CST

U.S. Considers Using Drug Law to Prosecute Blackwater Guards

Federal prosecutors are reportedly readying indictments for the Blackwater Worldwide guards who are alleged to have participated in the 2007 shooting deaths of Iraqi civilians. The shootings left 17 dead and strained U.S.-Iraq relations. Now prosecutors are considering using an anti-drug law to prosecute those involved, the Associated Press reports.…

Dec 4, 2008 11:34 PM CST

Carbonated Quarrel

Vexed Visitor Makes a Splash at Hospital Cafeteria After Diet Coke Dustup with Cashier

Dec 2, 2008 12:50 AM CST