Sentencing/Post Conviction

Lawsuits, Disciplinary Complaints Over Indiana Defendant’s Delayed Release

An Indiana judge is facing potential discipline after court commissioner under his supervision delayed the release of a convicted rapist apparently cleared by DNA evidence. Although former Master Commissioner Nancy Broyles held a hearing in March 2005 to consider DNA evidence in the case of Harold David Buntin, it wasn’t…

Oct 9, 2008 5:31 PM CDT

Suspended Texas Lawyer’s ‘Sextortion’ Conviction is Upheld

A suspended Texas lawyer who was convicted, along with his attorney wife, of misusing the civil litigation system in a scheme to extort money from men who had sex with her, has lost an appeal. The 4th Court of Appeals today upheld Ted Roberts’ 2007 conviction on three counts of…

Oct 8, 2008 11:34 PM CDT

Suspended Mo. Attorney Gets 4 Years in $866K Bank Fraud

A Missouri lawyer who was previously suspended from practice in an unrelated matter has been sentenced to 50 months in federal prison for defrauding a bank of more than $866,000. Dawn Renee Harpster, 38, pleaded guilty last year to five counts of bank fraud. Doing business as Northwest Missouri Title…

Oct 8, 2008 8:13 PM CDT

Speed Demons Face $1K to $5K Fine Under New Florida Law

One might think that speed demons who exceed the posted limit by 50 mph or more would be something of a rarity. But such race-car-driver wannabes apparently aren’t all that unusual, South Florida authorities found after the state legislature enacted a new law quadrupling the minimum “excessive” speeding fine to…

Oct 8, 2008 6:22 PM CDT

NYC Lawyer Pleads to Violation in Attorney Groping Case

A New York City lawyer who had been facing misdemeanor charges for allegedly groping two female attorneys has pleaded guilty to a lesser violation. Richard Dienst, 67, was given a conditional discharge in exchange for his guilty plea to second-degree harassment, reports AM New York. If he completes a year…

Oct 8, 2008 12:07 AM CDT

Judge Asked Too Many Questions, Requiring New Trial

In a rare rebuke to the chief judge in Baltimore, a Maryland appellate court has found that he asked too many questions during a jury trial of an armed robbery case last year, requiring a reversal of the defendant’s conviction and a new trial. The 125 questions that Baltimore City…

Oct 7, 2008 11:50 PM CDT

Drug Forfeiture Fund to Help Restore Historic Texas Courthouse

Ordinarily, money forfeited in drug-related cases goes to purchase needed equipment. But officials hope to give a historic courthouse in Kleberg County, Texas, a facelift with the help of a $200,000 contribution from the district attorney’s forfeiture fund, reports KIII-TV, an ABC affiliate. “In this case, how better to use…

Oct 7, 2008 11:32 PM CDT

Supreme Court Declines Cases on ‘Choose Life’ Plates, Juror Bible Reading

Cases touching on religion and abortion were among several rejected by the U.S. Supreme Court yesterday. One concerns whether anti-abortion activists can force Arizona to issue “Choose Life” license plates, and the other whether a Bible-reading juror requires a court to overturn a death sentence. The court accepted no new…

Oct 7, 2008 1:30 PM CDT

O.J. Simpson Appeal to Target Jury Selection

O.J. Simpson, convicted of kidnapping and armed robbery late Friday, has some strong arguments for his planned appeal, according to his lawyer. Yale Galanter told the Associated Press that his client is being isolated from other prisoners for his own safety in a county jail where he will be held…

Oct 6, 2008 10:43 AM CDT

Canadian Judge Castigates Pathologist; Money Pledged to Wrongfully Convicted

Officials in Ontario, Canada, promised compensation to wrongfully convicted criminal defendants today after a judge commissioned by the government to investigate a pediatric pathologist castigated Dr. Charles Smith in a written report. Despite being proclaimed as a leading expert, Smith actually knew little, had sloppy work practices and rarely visited…

Oct 1, 2008 8:40 PM CDT

Wash. State to Monitor All Violent Sex Offenders When Released, via GPS

The state of Washington plans to monitor electronically all newly released sex offenders considered potentially violent, for at least the first 30 days. The Global Positioning System tracking bracelets that the “Level 3” convicted sex offenders will wear on their ankles allow state Department of Corrections employees to keep an…

Oct 1, 2008 7:26 PM CDT

Hilary Swank’s Next Movie Based on Law Student’s Fight to Exonerate Brother

A high-school dropout and single mother who was inspired to get her high school equivalency diploma and put herself through college and law school by her brother’s 1983 murder conviction will be played by actress Hilary Swank in an upcoming movie. The woman whose true story will be portrayed in…

Oct 1, 2008 6:18 PM CDT

Texas Law Firm Takes $840K Plea, Profited from Auto Accident Scheme

A law firm in Dallas has agreed to pay $840,000 restitution in exchange for an agreed sentence of probation in a federal mail and health care fraud conspiracy case. The case was sparked by an alleged scheme to stage auto accidents involving almost 30 defendants, including two legal assistants. Officers…

Oct 1, 2008 3:05 PM CDT

Federal Judges Ax Case, Sanction N.Y. Lawyer for Trial Conduct

A New York civil rights practitioner was sentenced to two years of probation on Friday in a criminal contempt case that resulted from the way she handled a federal court employment discrimination trial. Ruth Pollack, who practices in Mineola, N.Y., on Long Island, also was suspended from practice for 45…

Sep 29, 2008 7:26 PM CDT

Will Prosecutor and Judge’s Affair Affect a Second Murder Case?

Timothy David Nixon may not even be aware of the controversy surrounding the judge who presided over his trial and conviction for murder. Nixon was sentenced to 99 years in prison for killing his mother in Collin County, Texas, the Dallas Morning News reports. The presiding judge was Verla Sue…

Sep 29, 2008 12:11 PM CDT