Sentencing/Post Conviction

Ineffective counsel at two levels entitles death row inmate to new sentencing, 4th Circuit says

A federal appeals court has ruled that a death row inmate in South Carolina is entitled to a new sentencing hearing because of failures by his trial counsel and appellate counsel.

Aug 24, 2021 11:55 AM CDT

Dissenting judge says 9th Circuit took habeas dysfunction to new level with ‘hypothetical dicta’

A federal circuit judge’s acidic dissent last week used cookies and lemonade analogies to make a point about a binding dicta rule and its potentials for misuse.

Aug 23, 2021 3:00 PM CDT

En banc 2nd Circuit upholds pat-down search; five judges call for reevaluation of traffic-stop precedent

An en banc federal appeals court has upheld the pat-down search of a man during a traffic stop in a case that drew amicus briefs from several organizations that argued against the government’s position in the case. The appeals court majority ruled Monday that the February 2016 pat down of…

Aug 17, 2021 2:50 PM CDT

Former BigLaw office manager is sentenced for embezzling $425K via corporate credit card; it was 2nd offense

A former office operations manager at Morrison & Foerster was sentenced to 41 months in prison on Monday for using a law firm credit card to embezzle $425,000.

Aug 17, 2021 11:20 AM CDT

Top Massachusetts court rules potential jurors can’t be removed based on sexual orientation

Lawyers can’t exclude potential jurors during voir dire based on sexual orientation, the top court in Massachusetts ruled on Monday.

Aug 17, 2021 10:15 AM CDT

Judges in this state are requiring probationers to get vaccinated

At least two judges in Ohio have required defendants to get vaccinated as a condition of probation.

Aug 13, 2021 9:16 AM CDT

Private prisons are a failed experiment with ‘perverse and immoral incentives,’ ABA House says in calling for their end

Private prisons, jails and juvenile detention centers “have a tendency to cut staff, they have a tendency to cut programs, and that probably shouldn’t surprise anybody because that’s how you make a profit,” Stephen A. Saltzburg said.

Aug 10, 2021 11:55 AM CDT

‘Making a Murderer’ subject Steven Avery loses appellate bid for new-trial hearing; his lawyer is undeterred

The Wisconsin Court of Appeals on Wednesday rejected a request for a hearing in a new-trial bid by Steven Avery, whose case was portrayed in the Making a Murderer Netflix series.

Jul 29, 2021 1:42 PM CDT

US sells one-of-a-kind Wu-Tang Clan album to satisfy forfeiture judgment of ‘Pharma Bro’

Federal prosecutors in New York have sold a one-of-a-kind Wu-Tang Clan album to help satisfy a forfeiture judgment against “Pharma Bro” Martin Shkreli, a former drug company CEO convicted of securities fraud.

Jul 28, 2021 10:52 AM CDT

Afternoon Briefs: Webinar considers legal profession’s caregiving bias; animal rights lawyer pleads guilty

Webinar will consider caregiving bias in legal profession The ABA Commission on Women in the Profession will examine how the legal profession can ensure the success of mothers and caregivers in a July 28 webinar titled “Motherhood and Caregiving Bias in the Legal Profession: Dismantling the Systemic Barriers to Equity.”…

Jul 19, 2021 4:26 PM CDT

Federal prosecutors ‘deliberately misled’ court, judge says; alleged fraudsters get new trial

A federal judge in Miami has ordered a new trial for three men found guilty in a fraudulent sweepstakes scheme after concluding that federal prosecutors had “knowingly invaded the defense camp” while lying to the court about it.

Jul 19, 2021 2:05 PM CDT

Afternoon Briefs: LSC could see $600M in 2022 funding; Netflix’s ‘Tiger King’ to receive shorter prison sentence

Legal Services Corp. could receive largest funding increase under new legislation The House of Representatives Committee on Appropriations approved on Thursday funding legislation that includes $600 million for the Legal Services Corp., the largest funder of civil legal aid to low-income Americans, in fiscal year 2022. The bill includes $135…

Jul 16, 2021 4:40 PM CDT