Criminal Procedure

Ethics opinion revisits rule on providing client representation information

In legal ethics, like so many other fields, it's not easy to address all the possible applications of a rule on the first try. And the task becomes even tougher when the rule undergoes major changes before all the variations in its application can be considered by the courts and…

May 1, 2016 2:20 AM CDT

Despite 2014 law, those who can’t pay court fines are still jailed: So Colorado lawmaker tries again

Originally, James Fisher was fined $703 in 2012 for twice violating Colorado open-container laws and being unable to provide proof of insurance. Since then, he has paid $1,500 and been jailed three times, when he couldn’t come up with money or failed to appear in court, he told a state…

Apr 27, 2016 12:50 PM CDT

Evidence FBI obtained via malware in child pornography possession case is tossed by court

A Massachusetts federal judge Wednesday threw out electronic evidence the FBI obtained against a child pornography possession defendant on the basis that the Virginia warrant the government got for the search was issued without jurisdiction. The investigation involved the FBI using malware to penetrate Tor, a network with software that…

Apr 21, 2016 5:37 PM CDT

Judge reduces conviction in ex-cop’s fatal Brooklyn stairwell shooting

Former New York Police Department officer Peter Liang will avoid prison for fatally shooting Akai Gurley inside a housing project. The New York Times reported Tuesday that Brooklyn Supreme Court Judge Danny Chun ruled that the November 2014 shooting had been an accident and reduced the jury’s verdict finding Liang…

Apr 20, 2016 4:55 PM CDT

Court systems rethink the use of financial bail, which some say penalizes the poor

Shannan Wise of Baltimore had never been arrested before. A single mother of two, she was busy juggling her family, her job as a driver for a private van service, seasonal work at Target and going to school to become a medical biller.

Apr 1, 2016 4:40 AM CDT

Cop turned bodycam on during ‘hallway deposition’ with defense lawyer, sparking outraged response

Worried about whether his words would be misconstrued, a Miami Beach police officer turned on his body camera one day last month when he saw an assistant Miami-Dade public defender approaching him in a courthouse hallway for an interview—a so-called hallway deposition—regarding an imminent misdemeanor case. But officer Julio Blanco…

Mar 28, 2016 5:00 PM CDT

Fast-track death-penalty appeals get a boost with 9th Circuit standing decision

Justice Department regulations that would allow states to certify capital cases for fast-track habeas appeals can’t be challenged by two organizations that represent death-row inmates, a federal appeals court has ruled. Fast-track appeals are a step closer as a result of the March 23 appellate decision, the Wall Street Journal…

Mar 28, 2016 8:05 AM CDT

Judge rules woman’s alleged confession to counselor about grandmother’s death is admissible

Angela Judd had gotten away with murder, authorities say, before she confessed to a social worker in late January that she had smothered her 92-year-old grandmother to death a month earlier. But it wasn’t until Tuesday that Judd was charged with murder in the death of Nada Bodholdt, after an…

Mar 23, 2016 4:10 PM CDT

So-called surprise convictions from paying a fine to be eliminated by Florida judicial circuit

An unusual practice that allows individuals to be convicted of misdemeanors and wind up with a criminal record by paying a fine listed on a document that looks much like a traffic ticket is coming to an end in central Florida. After more than 30 years, the state’s Ninth Judicial…

Mar 14, 2016 4:35 PM CDT

Deep-sea treasure hunter stays in jail as judge awaits ‘epiphany’ about 500 gold coins

Arrested in Florida in January 2015 after several years on the lam, deep-sea treasure hunter Tommy Thompson pleaded guilty a few months later to contempt of court for failing to appear before a federal judge in 2012 and answer questions. But before he can even begin serving his two-year criminal…

Mar 14, 2016 3:50 PM CDT

Prosecutor’s failure to warn witness about inadmissible evidence was harmless error, court says

A prosecutor’s alleged failure to properly prepare a murder witness for trial, resulting in his reference to threats that had been excluded as evidence, did not require a new trial for the man who was convicted in the killing, the Minnesota Supreme Court has ruled. The alleged misconduct in the…

Mar 4, 2016 11:27 AM CST

NYPD, Manhattan DA announce they will now issue summonses for low-level offenses

Good news for Manhattan residents who enjoy drinking alcohol in public or riding between subway cars: As of next Monday, you will no longer be arrested, thrown in a holding cell and arraigned in criminal court. You will still have to answer for your actions, though. The New York Police…

Mar 2, 2016 11:50 AM CST

Justice moves slowly for those who need interpreters

Even where states require interpreters, actually obtaining them can be problematic. Many states simply don’t have people on staff who can interpret in less-common languages. Read this ABA Journal feature recently honored by the American Society of Business Publication Editors for its government coverage.

Mar 1, 2016 4:20 AM CST

Los Angeles courts see significant rise in mental health cases

Competency cases, for criminal defendants who are deemed too mentally ill to stand trial, have increased by 50 percent in the Los Angeles Superior Court. The increase reflects a time period between 2014 and 2015. Jackie Lacey, the county’s district attorney, told the Los Angeles Times that she could not…

Feb 29, 2016 11:20 AM CST

Suit claims Florida violates due-process rights of drunken driving suspects

A would-be class-action lawsuit filed on Wednesday accuses the state of Florida of violating the due process rights of drunken driving suspects. The suit, filed on behalf of Alfredo Crespin of Winter Garden, challenges the state’s automatic suspension of driving privileges after a DUI arrest, the Orlando Sentinel reports. The…

Feb 19, 2016 6:15 AM CST