Sentencing/Post Conviction

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

Illinois bans practice of lying to minors during police interrogations

Illinois is now the only state in the country that prohibits police from lying to minors during interrogations.

Jul 16, 2021 3:15 PM CDT

Former elder law attorney pleads guilty to fraud, could face 30-year sentence

A former elder law attorney from Lynchburg, Virginia, pleaded guilty on Friday to wire fraud and making false statements.

Jul 12, 2021 1:35 PM CDT

Stormy Daniels’ former lawyer gets prison sentence for trying to extort Nike

The lawyer who once represented adult film actress Stormy Daniels will have to serve prison time for trying to extort millions of dollars from Nike. U.S. District Judge Paul Gardephe called lawyer Michael Avenatti’s misconduct “outrageous.”

Jul 9, 2021 9:10 AM CDT

Judge rules for grandma on home confinement after arrest for not answering calls during computer class

A federal judge in Maryland has granted compassionate release to a 76-year-old grandmother on home confinement who was arrested for failing to answer calls from officials during a computer word-processing class.

Jul 7, 2021 11:44 AM CDT

Afternoon Briefs: Judge requires COVID-19 vaccine for some probationers; are Breyer hirings a sign?

Judge requires vaccine as condition of probation Judge Richard Frye of Franklin County, Ohio, is requiring some criminal defendants to get the COVID-19 vaccine as a condition of probation. None of the defendants raised philosophical, medical or religious objections, Frye told the Ohio Capital Journal and WSYX. Gary Daniels, a…

Jul 6, 2021 4:25 PM CDT

Appeals court slams judge’s ‘utterly racist’ theory on Black defendant’s frontal lobes

A New York appeals court has reduced a burglary sentence because of “shocking” and “utterly racist” comments by a sentencing judge who said the disruptive Black defendant’s frontal lobes were likely “retarded in growth.”

Jul 6, 2021 12:13 PM CDT

Bill Cosby’s sexual assault conviction is overturned because of initial district attorney’s decision

Actor and comedian Bill Cosby was freed from prison after the Pennsylvania Supreme Court overturned his sexual assault conviction Wednesday.

Jun 30, 2021 12:33 PM CDT

Afternoon Briefs: Derek Chauvin sentenced; judge won’t toss climate change suit

Chauvin sentenced for George Floyd’s death A Minnesota judge on Friday sentenced fired Minneapolis police officer Derek Chauvin to 22.5 years years in prison for killing George Floyd with a knee to his neck. Judge Peter Cahill of Hennepin County, Minnesota, said he was basing the sentence in part on…

Jun 25, 2021 3:41 PM CDT

Afternoon Briefs: SCOTUS tosses child slavery case; DOJ drops suit and probe over Bolton book

SCOTUS tosses suit over child slavery in Ivory Coast The U.S. Supreme Court ruled Thursday that Nestlé USA and Cargill can’t be sued here under the Alien Tort Statute for allegedly providing assistance to Ivory Coast cocoa farms that used child slaves. In an opinion by Justice Clarence Thomas, the…

Jun 17, 2021 3:48 PM CDT