Sentencing/Post Conviction

Private companies in Oregon jails must follow state anti-bias law, top state court rules

The Oregon Supreme Court has ruled that private contractors providing services in the state’s prisons are subject to the state law barring discrimination against those with disabilities.

Jun 10, 2022 9:33 AM CDT

Appeals judge accused of excessive delays agrees to retire

The presiding justice of California’s Third District Court of Appeal has agreed to retire and accept a public admonishment to resolve ethics allegations that he “engaged in a pattern of delay” in deciding cases.

Jun 6, 2022 8:50 AM CDT

Weekly Briefs: Michael Avenatti sentenced in money theft of Stormy Daniels; Reagan shooter released without restrictions

Lawyer Michael Avenatti gets more prison time Suspended lawyer Michael Avenatti was sentenced Thursday to four years in prison for stealing nearly $300,000 in book-deal payments intended for his client, adult film actress Stormy Daniels. He had taken out a loan to pay back half the money after Daniels inquired…

Jun 3, 2022 12:41 PM CDT

Supreme Court decision is an impediment for defendants who ‘lost the lawyer lottery twice’

The U.S. Supreme Court ruled Monday that Arizona habeas defendants who claim that their trial and postconviction counsel were ineffective can’t introduce evidence outside the state-court record to prove that their first lawyer botched the case.

May 23, 2022 12:16 PM CDT

What happened to convicted cop’s missing wife? Suspended lawyer can’t tell, judge rules

An Illinois judge last week told suspended lawyer Joel Brodsky that he can’t violate a former client’s confidences by revealing what happened to a missing woman.

May 23, 2022 8:21 AM CDT

Prosecutors will seek 18 to 24 months in prison for 2 lawyers accused in Molotov cocktail attack on cop car

Prosecutors and two lawyers accused in a Molotov cocktail attack on an unoccupied police car have reached a plea deal that would spare the defendants some prison time.

May 12, 2022 3:32 PM CDT

Appeals court sides with judge who muted man during remote sentencing

A federal appeals court ruled Monday that a Missouri man’s rights were not violated when a judge muted him twice during his remote sentencing.

May 4, 2022 8:53 AM CDT

Weekly Briefs: SCOTUS will hear inmate’s appeal of DNA testing; prosecutor accidentally shoots himself

Supreme Court will hear death row inmate’s DNA test bid The U.S. Supreme Court on Monday agreed to hear the case of a Texas death row inmate who said DNA testing would establish his innocence. After inmate Rodney Reed lost a bid in state court to obtain the test, he…

Apr 29, 2022 12:31 PM CDT

6th Circuit tells judge he can’t reject plea bargains for ‘extraneous policy considerations’

A federal appeals court has issued a writ of mandamus that requires a Detroit federal judge to reconsider his rejection of a plea bargain after telling the parties that he disapproved of deals that require defendants to waive appeals.

Apr 27, 2022 12:33 PM CDT

Prosecutor decides 82 days in jail for illegal voter registration ‘is sufficient;’ BLM activist won’t be retried

A Black Lives Matter activist sentenced to six years and a day in prison for an illegal voter registration won’t face a retrial after a Tennessee prosecutor decided to drop the matter.

Apr 27, 2022 8:39 AM CDT

Weekly Briefs: Prof gets $400K settlement in pronoun case; panic-attack firing leads to $450K verdict

Prof who refused to use preferred pronouns gets $400K settlement Shawnee State University in Ohio has agreed to pay philosophy professor Nicholas Meriwether $400,000 and to rescind a written warning that he received for refusing to use a transgender student’s preferred pronouns. The settlement was reached more than a year…

Apr 22, 2022 2:23 PM CDT

Federal judge rejects plea-deal sentence for lawyer accused of stealing nearly $13M from clients

A federal judge in Salt Lake City has rejected a plea deal calling for a sentence of about six years in prison for an estate lawyer accused of stealing $12.7 million from 26 elderly, disabled or incapacitated clients.

Apr 20, 2022 2:52 PM CDT

Weekly Briefs: Coca-Cola ex-GC’s $12M deal criticized; DOJ mostly loses first of six wage-collusion cases

Coca-Cola’s $12M deal with former GC is criticized Proxy advisory firm Glass Lewis & Co. is advising shareholders to vote against Coca-Cola’s executive compensation plan because of the beverage company’s $12 million consulting agreement with its former general counsel, Bradley Gayton. The report said the “outsized payments” could be indicative…

Apr 15, 2022 1:34 PM CDT

SCOTUS should not restrict counsel’s investigations in death penalty cases, ABA says

In an amicus brief filed Monday, the ABA urged the U.S. Supreme Court to reaffirm that counsel representing habeas petitioners should be able to investigate new evidence without first proving that the evidence will provide relief to their clients.

Apr 5, 2022 9:34 AM CDT

Federal judge complains prosecutors want more jail time for Jan. 6 breach than for Kavanaugh protester

A federal judge in Washington, D.C., complained last week that prosecutors seem to be seeking disproportionate sentences for nonviolent offenders who entered the U.S. Capitol on Jan. 6, 2021.

Mar 31, 2022 12:19 PM CDT