Criminal Procedure

1482 ABA Journal Criminal Procedure articles.

After Chauvin’s conviction on all counts, what will his appeal look like?

An appeal is “a virtual certainty” following the conviction Tuesday of fired Minneapolis police officer Derek Chauvin for killing George Floyd with a knee to his neck, according to USA Today.

Apr 21, 2021 10:25 AM CDT

SCOTUS should hear case in which shackled defendant reenacted murder, with no defense objection, Sotomayor says

U.S. Supreme Court Justice Sonia Sotomayor dissented Monday when the high court refused to hear a case in which a shackled defendant reenacted a murder during his sentencing, with no objection from his defense lawyer.

Apr 20, 2021 10:20 AM CDT

Threats of sham lawsuit against well-known singer constitute a crime, 9th Circuit says

Threats of baseless litigation can amount to extortion under the Hobbs Act, the 9th U.S. Circuit Court of Appeals at San Francisco ruled Tuesday.

Apr 16, 2021 11:56 AM CDT

Texas court tosses sentence of state’s longest-serving death row inmate

The Texas Court of Criminal Appeals has overturned the sentence of the state’s longest-serving death row inmate.

Apr 16, 2021 10:28 AM CDT

Afternoon Briefs: DOJ civil rights nominee defends letter; lawyer charged in triple murder

DOJ civil rights nominee defends satirical letter

Kristen Clarke, the president of the Lawyers’ Committee for Civil Rights Under Law, defended her past statements and writings Wednesday during a hearing…

Apr 15, 2021 4:42 PM CDT

ABA supports universal background checks, other proposals to curb gun violence, lawmakers told

ABA President Patricia Lee Refo is urging leaders of the Senate Judiciary Committee to consider the association’s proposals to curb “the scourge of gun violence in America.”

Mar 30, 2021 12:26 PM CDT

How quickly can Biden deliver on policing reform?

President Joe Biden promised criminal justice reforms but has had to balance competing interests between progressives and moderates as he finalizes his Cabinet.

Mar 29, 2021 10:18 AM CDT

Afternoon Briefs: State supreme court limits use of bail; prosecutors in this state may face stricter discipline

California judges must consider defendant’s ability to pay when setting bail, ruling says

The California Supreme Court ruled Thursday that it is unconstitutional to keep criminal defendants behind bars simply…

Mar 26, 2021 3:14 PM CDT

Voluntarily intoxicated rape victims aren’t ‘mentally incapacitated,’ top state court rules

Victims who willingly consume alcohol or drugs before they are sexually assaulted aren’t “mentally incapacitated,” the Minnesota Supreme Court ruled Wednesday.

Mar 26, 2021 12:27 PM CDT

Secret camera recordings can be used against nanny at trial, state supreme court says

A divided Pennsylvania Supreme Court ruled Thursday that secretly recorded audio can be used against a nanny accused of assaulting three young children.

Mar 26, 2021 9:50 AM CDT

‘Crime Scene: The Vanishing at the Cecil Hotel’ and the problem with internet sleuths

Real people suffered as a result of web detectives’ resolve in their “investigation” in the Elisa Lam case.

Mar 25, 2021 11:04 AM CDT

Afternoon Briefs: Judge allows DNA collected from suspect via fake survey; judge resigns amid probe of texts

Judge allows DNA collected in fake police survey

A judge in Wisconsin has ruled that prosecutors can use DNA collected from a licked envelope in the prosecution of Raymand Vannieuwenhoven…

Mar 22, 2021 4:00 PM CDT

Wife’s warnings before death can’t be used in husband’s murder trial, top state court rules

The Wisconsin Supreme Court has ruled that a dead woman’s earlier warnings that her husband may kill her can’t be used as evidence in his retrial for murder.

Mar 19, 2021 11:51 AM CDT

Children’s court judge is charged with possession of child pornography

A Milwaukee County, Wisconsin, children’s court judge was charged Wednesday with possession of videos and images depicting the sexual abuse of toddlers and boys.

Mar 18, 2021 12:51 PM CDT

Leaving prison? Dial down the aspirations, don’t try to be lawyers or doctors, survey respondents say

Should former prisoners pursue prestigious careers and home ownership? A survey suggests that people think the American dream should be more limited for this group of people.

Mar 17, 2021 2:52 PM CDT

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