Criminal Procedure

Midnight motion wins almost immediate court order allowing public defender to see client

Denied access Aug. 7 to a jailed woman suspected of killing a state social worker and three relatives after losing a child-custody case, the Vermont defender general’s office swung into action. Staff attorney Kelly Green said she called Barre city police at 9:20 p.m. asking to see Jody Herring. The…

Aug 17, 2015 4:35 PM CDT

Defendant charged with decking lawyer in court now faces 2 felony trials in same month

When Lance Franklin reportedly decked his defense lawyer in front of the jury and other witnesses during a Kansas rape trial last year, the judge refused to declare a mistrial because that would reward Franklin for his bad behavior. But a subsequent juror medical issue resulted in a mistrial for…

Aug 14, 2015 3:50 PM CDT

Blistered by judge, ‘ineffective’ lawyer gets murder case against client dismissed

Blistered by a controversial Baltimore trial judge for her claimed ineffective representation of a murder defendant, a defense lawyer soon won a stunning victory. Initially held in contempt and threatened with jail by Chief Judge Alfred Nance, assistant public defender Deborah Levi got off the hook when Nance decided to…

Aug 12, 2015 2:55 PM CDT

Unlike other suspects, Texas AG appears in his booking photo in a business suit

Charged Monday with violating securities laws, Texas Attorney General Ken Paxton was photographed in his mug shot wearing a dark business suit and a red patterned necktie. That took observers familiar with state criminal practices by surprise, since prisoners in jail booking photos in Collin County routinely appear with a…

Aug 4, 2015 10:20 AM CDT

Jury in case over Batman movie-theater slayings quickly decides not to rule out death penalty

It took little time for the jury who convicted James Holmes last month of killing 12 people and injuring 70 more during a 2012 shooting at a Batman movie screening to take the next step toward imposing the death penalty. On Monday, the Colorado jury found that mitigating factors did…

Aug 3, 2015 4:35 PM CDT

An admitted murderer seeks justice in the death of his daughter

Edward Montour Jr. is a murderer, serving a prison sentence of life without parole. In fact, he's serving two terms of life without parole, one for the premeditated murder in October 2002 of a 23-year-old prison guard. Montour has confessed eight times and twice pleaded guilty to bludgeoning Eric Autobee…

Aug 1, 2015 6:30 AM CDT

Church-slayings suspect Dylann Roof wants to plead guilty in federal hate-crime case, lawyer says

Dylann Roof, the white suspect accused of gunning down nine parishioners at a historic black church in Charleston, South Carolina, last month, wants to plead guilty to federal hate-crime and firearm charges, his counsel said at a Friday hearing. However, “until we know whether the government will seek the death…

Jul 31, 2015 3:45 PM CDT

Murder defendant had to choose between desired lawyer and speedy trial

A Pennsylvania man facing first-degree murder charges in the deaths of two Boise, Idaho, residents wants to be defended by the attorney of his choice, Philadelphia lawyer Jack McMahon. But John C. Douglas, 45, also wanted to assert his right to a speedy trial in the Ada County case, local…

Jul 30, 2015 10:27 AM CDT

Lawyer asked court to detain client before suicide but judge said he lacked the authority

Wylie David Chambers had only one misdemeanor conviction on his record, back in the 1970s. But the government had a strong case against him as he was on trial in Florida in an aggravated assault case earlier this month, and it looked like he might be convicted and sent to…

Jul 21, 2015 10:30 AM CDT

Obama allies with Koch brothers on criminal justice reform; his prison visit is presidential first

President Barack Obama and the conservative Koch brothers have found an issue on which they can agree: the need for criminal justice reform. Last week Obama highlighted his push for reform by commuting the sentences of 46 drug offenders, outlining his ideas in a speech to the NAACP, and visiting…

Jul 20, 2015 5:45 AM CDT

Charleston shooting trial set for 2016; judge extends gag order despite media objections

A trial date for Dylann Roof over the shooting deaths of nine churchgoers in June has been set for July 2016, the Associated Press reports. Roof was charged with nine counts of murder, three counts of attempted murder, and a firearms charge. Roof hasn’t entered a plea yet, according to…

Jul 16, 2015 1:00 PM CDT

Judge agrees to stop conditioning right to appointed counsel on community work

A municipal judge in Tennessee who imposed conditions on the right to counsel and trial by jury has received a reprimand and agreed to a cease and desist order. Judge Reese Holley of Dickson told the disciplinary counsel he thought he was following established law but he realized his error,…

Jul 9, 2015 10:26 AM CDT

Little-used Ohio law will be invoked by Cleveland community leaders seeking charges against cops

Community leaders in Cleveland are trying to obtain charges against police officers in the shooting death of 12-year-old Tamir Rice using procedures in a rarely used Ohio law. The leaders planned to file six affidavits in municipal court on Tuesday seeking the arrests of Cleveland police officers Timothy Loehmann and…

Jun 9, 2015 9:55 AM CDT

11th Circuit OKs in-cell trial of defendant who said he would come to court ‘kicking and screaming’

A defendant has a constitutional right to be present at his own trial. But what if he insists on creating a disruption there, shouting and physically acting out? That was the issue that confronted a federal judge in Atlanta in 2011. Then-Chief District Judge Julie Carnes did not err in…

Jun 8, 2015 3:55 PM CDT

ABA asks SCOTUS to overturn Florida law allowing divided juries to recommend death penalty

The American Bar Association filed an amicus brief (PDF) on Thursday asking the nation’s top court to overturn Florida law allowing a jury to recommend the death penalty by majority vote. The U.S. Supreme Court appeal concerns the case of Timothy Lee Hurst, a man his lawyers say has limited…

Jun 5, 2015 2:04 PM CDT