Criminal Procedure

Does prosecution’s failure to disclose evidence of another suspect demand reversal? SCOTUS to decide

The U.S. Supreme Court has agreed to decide whether prosecutors’ failure to disclose evidence, including information another possible suspect, requires vacating the convictions of a group of men convicted of sexually assaulting and killing a woman in 1984. The U.S. Supreme Court granted review on Wednesday in two cases stemming…

Dec 16, 2016 7:00 AM CST

Accusers won’t travel again for rape trial delayed by no-show defense lawyer; judge acquits

A judge in Pennsylvania has acquitted two men accused of rape after their accusers told prosecutors they wouldn’t travel again from Ohio for resumption of the trial, which was delayed after a defense lawyer failed to show up in court last month. The trial of Ricardo Campbell and Dwayne Facey…

Dec 7, 2016 7:45 AM CST

Jailhouse Warehouse: The nation’s jails are housing more mentally ill people than hospitals

Across the nation, about 383,000 inmates with serious mental illness sit in jails and state prisons. That’s 10 times as many people as in state hospitals, according to the nonprofit Treatment Advocacy Center. Read this ABA Journal feature recently honored by the American Society of Business Publication Editors.

Dec 1, 2016 4:30 AM CST

Chemerinsky: Decision in SCOTUS immigration case could hinge on government’s admission of error

What is the effect of the solicitor general telling the Supreme Court that in a prior related case, the government provided false, crucial information? That is an underlying question in Jennings v. Rodriguez, which will be heard by the court on Wednesday. The issue in Jennings is whether due process…

Nov 29, 2016 3:00 PM CST

San Francisco city attorney won’t defend city’s bail schedule from civil rights lawsuit

San Francisco City Attorney Dennis Herrera believes the city’s bail schedule is unconstitutional and won’t defend it from a lawsuit making that allegation, the San Francisco Examiner, San Francisco Chronicle and Courthouse News reported Tuesday. “This two-tiered system of pretrial justice does not serve the interests of the government or…

Nov 2, 2016 3:20 PM CDT

Facial recognition may be unreliable, and nearly half of US adults are in databases, study finds

Facial-recognition databases used by law enforcement—which reportedly include photos of approximately 117 million Americans—have various accuracy problems, according to a report by Georgetown University Law Center’s Center on Privacy & Technology. Driver’s license photos make up a significant amount of the data, National Public Radio reports. The larger a database…

Oct 25, 2016 11:45 AM CDT

Judge: My probable cause decision ‘had the most tragic result possible’

An Indiana judge who refused to sign an arrest warrant for a man accused of stalking his estranged wife says his decision “had the most tragic result possible.” Judge Michael Hensley of Madison refused to issue a warrant for the arrest of Anthony Russell on Oct. 6 and instead issued…

Oct 19, 2016 11:43 AM CDT

Appeals court considers removal of Orange County DA’s office from case over misconduct allegations

A California appeals court considered arguments yesterday over whether an Orange County judge was right to remove the entire district attorney’s office from a high-profile case, the Orange County Register reported Tuesday. The oral arguments held yesterday in California’s Fourth District Court of Appeal revolved around allegations made by a…

Oct 18, 2016 2:25 PM CDT

Acting on citizen complaint, New Jersey judge finds probable cause to investigate Chris Christie

Acting on a citizen complaint filed by a law school graduate, a New Jersey judge has found probable cause to investigate allegations that New Jersey Gov. Chris Christie committed official misconduct in the Bridgegate scandal. Municipal Presiding Judge Roy McGeady of Bergen County made the finding and issued a criminal…

Oct 14, 2016 9:21 AM CDT

SCOTUS appears likely to rule for inmate whose expert said race could predict violence

The U.S. Supreme Court appears ready to rule on behalf of a death-row inmate whose own expert witness testified he is statistically more likely to be dangerous in the future because he is black. During oral arguments on Wednesday, the New York Times reports, “the only dispute among the justices…

Oct 6, 2016 11:31 AM CDT

New York considers ‘textalyzer’ bill to allow police to see if drivers were texting behind the wheel

On a summer morning near Chappaqua, New York, in 2011, Evan Lieberman, 19, was carpooling with co-workers when the driver collided with another vehicle. Five occupants between the two cars were sent to the hospital.

Oct 1, 2016 3:20 AM CDT

ACLU says it is representing bombing suspect Rahami after he was denied right to lawyer

The American Civil Liberties Union of New Jersey says it is representing bombing suspect Ahmad Khan Rahami on federal charges until federal public defenders are allowed to take over. The ACLU says in a press release that Rahami has been denied a right to a lawyer by both the U.S.…

Sep 26, 2016 4:35 PM CDT

Startup seeks to bring bail bond process online

When Sandra Bland died in a Texas jail cell in 2015, Galen Weber got to thinking about bail. Bland was being held on $5,000 bail. Her family and friends might have been able to raise it, but she was hundreds of miles away from her home in Illinois. Three days…

Sep 15, 2016 3:00 PM CDT

Sandra Bland’s family settles case for $1.9M; agreement includes policy changes for Texas jail

The family of Sandra Bland, whose death last year while in custody at a Texas jail was ruled a suicide, has settled their wrongful death action with law enforcement there for $1.9 million. Besides a monetary award, the settlement has some procedure agreements, the Texas Tribune reports. Waller County, where…

Sep 15, 2016 12:35 PM CDT

Appellate lawyer remembers a 1992 client and wins new trial for woman convicted in lawyer’s murder

An appellate lawyer representing a woman convicted of murdering Cincinnati lawyer Ryan Poston helped her win a new trial after recognizing the name of one of the jurors. Judge Fred Stine of Campbell County, Kentucky, granted a new trial last Thursday to Shayna Hubers because one of her jurors had…

Aug 29, 2016 9:44 AM CDT