Criminal Procedure

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

Judge refuses to toss money laundering charge against Manafort, upholds search of storage unit

A federal judge in Washington, D.C., has refused to dismiss a money laundering charge against Paul Manafort and refused to exclude evidence seized from his storage unit.

Jun 22, 2018 1:32 PM CDT

Prosecutors drop charges against inauguration protesters after judge says they withheld videos

Federal prosecutors dismissed all charges against seven inauguration protesters and reduced charges against three others after a Washington, D.C., judge criticized the government for withholding undercover videos recorded by an activist group.

Jun 1, 2018 7:05 AM CDT

New York considers changing discovery rules that often leave defense lawyers in the dark

Advocates have dubbed New York’s discovery scheme the blindfold law, arguing that the lack of information requires defense counsel to prepare for trial, or advise clients about plea bargains, without ever seeing the evidence.

May 1, 2018 1:45 AM CDT

How broken windows policing changed the legal landscape in ‘Misdemeanorland’ (podcast)

As violent crime in New York City peaked from 1988-1991, policy makers were desperate for ways to combat and prevent it. In 1994, a new theory was embraced by the NYPD: that by controlling low-level “quality-of-life” violations like vandalism, noise complaints, traffic violations and aggressive panhandling, the police would ward…

Apr 25, 2018 8:30 AM CDT

Fees and fines threaten judicial independence

For more than a decade, state court systems have been chronically underfunded. The ABA’s Task Force on the Preservation of the Justice System has called it “one of the most critical issues facing the legal profession.” But rather than support courts and the justice system through general tax revenue, states are increasingly relying on criminal fees and fines charged to defendants.

Apr 19, 2018 7:00 AM CDT

9th Circuit to appoint special prosecutor to oppose pardoned Arpaio

A federal appeals court will appoint a special prosecutor to argue that former Sheriff Joe Arpaio’s conviction for criminal contempt should stand, despite his pardon by President Donald Trump.

Apr 17, 2018 12:19 PM CDT

North Carolina police issue broad warrants for data from Google users near crime scenes

Police in North Carolina are using search warrants to collect cellphone location data of individuals near a crime scene.

Mar 27, 2018 1:26 PM CDT

Use copyright law to battle mugshot extortion

After her DUI charge was dropped, Julie Cantu thought her nightmare was over. Then, she went on a date.

Mar 27, 2018 9:23 AM CDT

Federal judge orders courtroom doors locked before he announces ruling on stash-house stings

Chicago’s chief federal judge ensured that spectators didn’t leave his courtroom while he announced Monday that he was “reluctantly” denying a motion to toss the charges against eight people charged in stash-house robbery stings.

Mar 12, 2018 4:00 PM CDT

Dark tale of ‘The Cadaver King and the Country Dentist’ brings false convictions to light (podcast)

For nearly two decades, Dr. Steven Hayne and Dr. Michael West were the go-to experts who Mississippi law enforcement and prosecutors relied on when there was a potential homicide. Hayne performed the bulk of the autopsies in the state, while West was a dentist who touted his skill in bite-mark analysis and his pioneering use of UV light on human skin to detect trace markings he claimed he could match to objects. But after years of investigations and countless testimonies from the men, their claims of expertise began to fall apart—and wrongful convictions began coming to light.

Mar 7, 2018 8:05 AM CST

Georgetown law prof calls for reimagining of criminal justice system in ‘Chokehold’ (podcast)

As a former federal prosecutor in Washington, D.C., Paul Butler once worked to put people in prison. Now, he has come to believe that prisons should be abolished.

Dec 6, 2017 8:30 AM CST

SCOTUS considers limits to the government’s surveillance powers over personal technology

The Supreme Court ruling in Carpenter v. United States, being heard by the court Wednesday, will affect cell towers and individuals’ data from email, smart watches, activity-tracker bands and smart appliances.

Dec 1, 2017 1:20 AM CST

Inmate seeking to enforce original plea agreement loses case before Supreme Court

An inmate who sought to have his original plea agreement enforced has lost his case before the U.S. Supreme Court. In a per curiam opinion (PDF), the high court ruled Monday against Michael Cuero, report SCOTUSblog and Courthouse News Service. The Supreme Court said its prior decisions didn’t clearly require…

Nov 6, 2017 1:18 PM CST

Supreme Court allows execution of inmate who can’t remember his crime

The U.S. Supreme Court on Monday cleared an impediment to the execution of an Alabama inmate who can’t remember the crime he committed after suffering several strokes. In a summary reversal, the high court found that precedent on mental capacity does not prevent the execution of Vernon Madison in the…

Nov 6, 2017 12:48 PM CST