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Criminal Procedure

1972 ABA Journal Criminal Procedure articles.

Charges tossed for accused child sex abuser after prosecutor’s public intoxication arrest at courthouse

An Iowa man accused of sexually assaulting a minor has won dismissal of the charges after the prosecutor was arrested at the courthouse for public intoxication on the day he was scheduled to enter a guilty plea. Judge Martha Mertz of Osceola, Iowa, dismissed charges against 23-year-old Dennis Simmerman on…

Dec 19, 2018 11:56 AM CST

Panama Papers leak that shuttered law firm leads to US indictment of lawyer, three others

A Massachusetts accountant and a Panamanian lawyer are among four people charged in a federal indictment stemming from the so-called Panama Papers leak of hacked legal documents.

Dec 5, 2018 2:55 PM CST

Criminal defense lawyer arrested for alleged threats against attorneys

A Louisville, Kentucky, lawyer who won a murder acquittal for a client earlier this month has been arrested in connection with alleged threats against two lawyers in his own child custody battle. The lawyer, 51-year-old Brendan McLeod, was charged with retaliating against participants in a legal process, terroristic threatening and…

Nov 29, 2018 12:50 PM CST

Prison inmates indicted in sextortion ring that targeted military service members

Five prison inmates and 10 of their associates have been indicted in a sextortion ring in which they allegedly posed as women online and then as angry fathers demanding money. The ring targeted military service members found through dating websites and social media platforms, report the Herald, the Army Times,…

Nov 29, 2018 7:00 AM CST

When it comes to rape, just because a case is cleared, it doesn’t mean it’s solved

Across the country, dozens of law enforcement agencies are making it appear as though they have solved a significant share of their rape cases when they just have closed them, according to an investigation from data from over 60 police agencies nationwide.

Nov 19, 2018 6:15 AM CST

Bias in jury selection is back before Supreme Court; is ‘OJ strategy’ a Batson violation?

Lawyers for two death-row inmates are asking the U.S. Supreme Court to decide questions of racial bias in jury selection. Last Friday, the court accepted the case of Curtis Flowers, a black Mississippi inmate who has been tried six times for a 1996 quadruple murder at a furniture store, according…

Nov 7, 2018 12:07 PM CST

Florida man charged in pipe bomb probe; white van with Trump stickers is seized

Updated: A Florida man has been charged in connection with more than a dozen pipe bombs sent to former President Barack Obama, Hillary Clinton and several other prominent Democrats.

Oct 26, 2018 12:00 PM CDT

ABA weighs in on California Supreme Court case affecting state’s new bail reform law

Updated: The American Bar Association filed an amicus brief Tuesday asking the California Supreme Court to affirm a decision critical of that state's bail schedule.

Oct 10, 2018 11:55 AM CDT

Chemerinsky: Another blockbuster Supreme Court term is ahead

At this point, review has not been granted in any cases involving abortion rights, affirmative action, campaign finance law, or gay and lesbian rights. But there are potentially important rulings about many different areas of law.

Sep 26, 2018 6:00 AM CDT

Michael Cohen pleaded guilty to 8 crimes: Now what?

Late Tuesday afternoon, President Donald Trump's longtime personal attorney, Michael Cohen, pleaded guilty to eight counts related to campaign-finance and financial abuses. In doing so, he admitted in court that he made payments to silence two women—adult film star Stormy Daniels and former Playboy model Karen McDougal—at Trump’s behest to affect the 2016 presidential campaign.

Aug 22, 2018 8:17 AM CDT

Defense lawyers challenge 904 indictments issued by grand jury in single day

A group of defense lawyers in South Carolina has filed a motion to quash 904 indictments issued by a grand jury in one day in June.

Aug 8, 2018 2:29 PM CDT

Text-message reminders are a cheap and effective way to reduce pretrial detention

With just a couple of dollars, courts and public defenders can keep people from being arrested.

Court date reminders sent to defendants via text message are an inexpensive, simple intervention being tested across the country.

Jul 17, 2018 7:10 AM CDT

Criminal injustice: How Netflix’s ‘The Staircase’ illustrates the inequities of our justice system

I’m fascinated with the fascination over the true-crime genre. It allows audiences to see the unfairness of a system which, too often, keeps its secrets in the shadows.

Jul 9, 2018 7:05 AM CDT

California considering end to felony murder rule

A bill in the California legislature could curtail felony murder prosecutions in the state.

Jul 5, 2018 11:27 AM CDT

Manslaughter charge is reinstated though lawyer-client conversation was recorded and transcribed

The Indiana Supreme Court has reinstated a voluntary manslaughter charge against a man whose attorney-client conversation was recorded during a break in police questioning, then transcribed and distributed to prosecutors.

Jul 3, 2018 7:05 AM CDT

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