Criminal Procedure

Idaho Killer’s Standby Counsel Ordered to Stay

Lawyers who have been serving as standby counsel for the man who killed an Idaho family so he could kidnap and sexually abuse two children are being compelled by a judge to stick with the case. The lawyers had asked to withdraw, saying they can’t ethically continue because Joseph Edward…

Aug 7, 2008 2:27 PM CDT

Prosecutor Says Millions in Assets of Two Fen-Phen Lawyers Can’t Be Traced

Millions in dollars of assets held by two lawyers accused of defrauding their fen-phen clients cannot be traced, according to a motion opposing their release from jail as they await retrial. A motion (PDF) by U.S. Attorney Laura Voorhees says it’s unclear what assets are available to lawyers William Gallion…

Jul 31, 2008 6:01 PM CDT

Motion Seeks Removal of Judge Who Approved Search of Law Office

A Texas judge’s decision to approve a search warrant of a law office is being cited in a motion to force his removal from a homicide case. Judge Mark Rusch approved prosecutors’ request for a warrant to search the office of lawyer Keith Gore, who is defending an accused contract…

Jul 29, 2008 4:31 PM CDT

Lawyer Arranges Mayoral Visit with Jailed Engineer, Gets Computers Working

The defense lawyer for the San Francisco computer engineer accused of shutting down the city’s computer system put together a secret meeting between her jailed client and Mayor Gavin Newsom. At the meeting yesterday afternoon, jailed network administrator Terry Childs passed along the access codes to the computer network that…

Jul 23, 2008 3:25 PM CDT

DAs Seek Change in Law that Allowed Disclosure of Prosecutor Phone Records

The Pennsylvania District Attorneys Association is seeking a change in a state law that allowed a defense lawyer to obtain prosecutors’ cell phone records. The law permits lawyers in criminal cases to subpoena cell phone and e-mail records without notifying the target, the Philadelphia Inquirer reports. Prosecutors fear criminals could…

Jul 17, 2008 4:24 PM CDT

Accused Sept. 11 Plotters Want Secret Evidence and a Chance to File Motions

At least four out of five Guantanamo detainees accused of planning the Sept. 11 attacks are rejecting lawyers, but they are facing some difficulties as they try to represent themselves. One detainee known by his alias, Ammar al-Baluchi, told the judge he had written two letters and a legal motion,…

Jul 11, 2008 11:36 AM CDT

Ga. Supreme Court Nixes Secret Sentence-Review Panels

A split Georgia Supreme Court has overturned a controversial system of secretive post-conviction review panels that since its inception has reduced sentences for hundreds of prisoners in the state. But the 4-3 court stopped short of reinstating the original prison terms, the Associated Press reports. Reinstating the sentences would amount…

Jul 8, 2008 5:14 PM CDT

Supreme Court Accepts Case Blaming Lawyer for Bad Insanity Plea Advice

The U.S. Supreme Court has agreed to hear a case in which an inmate convicted of murder claims his lawyer improperly advised him to withdraw an insanity plea. The San Francisco-based 9th U.S. Circuit Court of Appeals found the advice violated standards of professional conduct because it was the only…

Jun 27, 2008 4:19 PM CDT

Supreme Court Agrees to Hear Death-Row Inmate’s Case for Third Time

The U.S. Supreme Court has twice ruled against Tennessee death-row inmate Gary Cone. Now the justices will decide whether federal courts may consider his claim that the prosecution withheld exculpatory evidence. Cone had claimed he was suffering from an amphetamine psychosis when he killed a Memphis couple following a two-day…

Jun 24, 2008 1:03 PM CDT

Pro Bono Counsel Loses Supreme Court Case, But Gets Ginsburg Shout-Out

A former law clerk for Justice Samuel A. Alito Jr. has lost his first U.S. Supreme Court case, but he got important praise from Justice Ruth Bader Ginsburg that is likely to boost his career. Ginsburg’s majority opinion (PDF posted by SCOTUSblog) held that a federal appeals court can’t increase…

Jun 23, 2008 3:54 PM CDT

Inmate Dies in Prison After Waiting 18 Years for Retrial in Ala. Murder

Alabama inmate Shep Wilson Jr. had his murder conviction overturned in 1990, but he was still in prison awaiting a retrial when he died last week from liver failure. An Associated Press story attributes the delay to “a mental evaluation, a sick attorney, changes of judges and prosecutors, and a…

Jun 20, 2008 3:06 PM CDT

Supreme Court Rules Against Schizophrenic Who Wanted to Represent Himself

The U.S. Supreme Court has ruled that judges can bar mentally ill inmates from representing themselves at trial, even if they are deemed competent to stand trial. The court ruled 7-2 in the case of Ahmad Edwards, who was not allowed to represent himself on charges that he stole a…

Jun 19, 2008 2:58 PM CDT

Tables Turned: Defendant Demands Trial, Prosecutors Seek to Avoid It

A defendant accused of being an agent for Saddam Hussein avoided a trial two years ago because of a ruling made by a judge who is now U.S. attorney general. Now the accused woman is demanding a trial while prosecutors argue she is unfit because of mental illness. Michael Mukasey,…

Jun 18, 2008 4:46 PM CDT

Why the Chief Defense Lawyer Didn’t Seek a Mistrial in the R. Kelly Case

Defense lawyer Edward Genson was so confident that the trial of his client R. Kelly was going well that he decided not to ask for a mistrial when prosecutors disclosed they gave the jurors wrong information. The gamble paid off, the National Law Journal reports. Earlier this month the rhythm…

Jun 18, 2008 3:43 PM CDT

Activists Spurring Grand Jury Probes More Successful Fighting Porn than Abortion

For months, a Kansas grand jury, impaneled by citizen petition, has been investigating whether an abortion provider performed illegal late-term abortions. So far, anti-abortion activists in the state have not succeeded in getting an indictment through use of an 1887 law that permits citizens there to call a grand jury…

Jun 17, 2008 1:25 PM CDT