Criminal Procedure

Massachusetts high court tells defense counsel when to stay quiet about confidential information

Massachusetts’ highest appellate court has instructed lawyers about when to stay quiet about evidence that could incriminate their clients.

Aug 23, 2022 2:00 PM CDT

Trump requests special master for review of documents seized by FBI

Former President Donald Trump has asked a federal court to temporarily prevent the FBI from reviewing items it seized from his Mar-a-Lago home in Palm Beach, Florida, until a special master can be appointed in the case.

Aug 23, 2022 9:43 AM CDT

Second mistrial in murder case declared after prosecutor mistakenly texts judge

A mistrial has been declared in a case involving a man charged with killing his girlfriend’s 3-year-old son—after a prosecutor allegedly complained about the judge’s ruling in a group text message that included the judge.

Aug 19, 2022 2:31 PM CDT

DOJ, in work to curb attacks on election workers, charges man for threatening phone call

A Missouri man has been charged for threatening an election official in Maricopa County, Arizona, the U.S. Department of Justice announced Wednesday.

Aug 18, 2022 9:30 AM CDT

Weekly Briefs: Legal sector gains 34,700 jobs in a year; judge unseals Trump search warrant

Legal sector adds 3,000 jobs or more, 3 months in a row The legal services sector added 3,100 jobs in July following a June gain of 3,300 jobs and a May gain of 3,000 jobs, according to seasonally adjusted, preliminary figures released Aug. 5 by the U.S. Bureau of Labor…

Aug 12, 2022 2:19 PM CDT

DOJ files motion to unseal warrant, property receipt relating to search of Trump’s home

U.S. Attorney General Merrick Garland said Thursday the U.S. Department of Justice has filed a motion to unseal the search warrant and property receipt relating to the search of former President Donald Trump’s Mar-a-Lago home in Palm Beach, Florida.

Aug 11, 2022 2:38 PM CDT

Judge who signed Trump search warrant is targeted; critics seek ‘judgment of God’

U.S. Magistrate Judge Bruce Reinhart of Florida is at the center of controversy after signing the search warrant for the Aug. 8 search on former President Donald Trump’s Mar-a-Lago home in Palm Beach, Florida.

Aug 11, 2022 12:25 PM CDT

‘Suits’ and the difference between federal and state court

“Most of the law practice occurs while the federal prosecutor sits alone in a room with the suspects. Despite the other outlandish issues in the episode, I found this scenario the least believable,” writes lawyer and ABA Journal columnist Adam Banner.

Aug 11, 2022 10:40 AM CDT

After deadly shootings, ABA House pushes for tighter gun controls

One resolution urges lawmakers to prevent gun purchases from moving forward by default after three business days even if the check is incomplete. The second calls for more to be done to prevent violent dating partners and stalkers from buying or owning firearms.

Aug 9, 2022 3:53 PM CDT

ABA provides 10 principles for ending mass incarceration and lengthy prison sentences

The House of Delegates took aim at mass incarceration in two separate resolutions at the ABA Annual Meeting in Chicago on Monday.

Aug 8, 2022 7:35 PM CDT

Lawyer pleads guilty in scheme to defraud program intended to benefit farmers subjected to discrimination

A lawyer in Little Rock, Arkansas, pleaded guilty to conspiracy to commit mail fraud Thursday for his involvement in a scheme to file false claims of discrimination in a program intended to benefit farmers.

Aug 8, 2022 8:40 AM CDT

ABA urges Supreme Court to hear case of inmate convicted based on faulty DNA evidence

The ABA is urging the U.S. Supreme Court to hear the case of a Texas death row inmate who was convicted based on DNA evidence deemed to be “false, misleading and unreliable” by a state habeas court.

Aug 1, 2022 8:38 AM CDT

Self-described ‘lottery lawyer’ is found guilty in scheme to defraud his lottery-winner clients

A former Rivkin Radler partner who marketed himself as the nation’s leading lottery lawyer was convicted Tuesday for defrauding his winning clients.

Jul 27, 2022 2:31 PM CDT

5th Circuit judge argues for a cost-benefit exception to the exclusionary rule

A federal appeals judge has written a concurrence to her majority opinion to suggest that courts use a cost-benefit analysis in some cases when defendants seek to suppress statements made to police without a Miranda warning.

Jul 27, 2022 8:47 AM CDT

Thoughts on jail mail, courtesy of HBO’s ‘Real Sports’

I regularly receive letters from incarcerated individuals. It’s not lost on me that after reading the preceding statement, those of you who regularly follow this column and know I practice criminal defense likely think, “Well, duh. ... You probably have clients in jail, and they probably send you mail.”

Jul 25, 2022 8:38 AM CDT