ABA Journal

Criminal Procedure

1679 ABA Journal Criminal Procedure articles.

Judicial discretion should be upheld in case involving sentencing standards, ABA says in amicus brief

The ABA has filed an amicus brief with the U.S. Supreme Court to support the argument that federal criminal statutes do not require a New York defendant who was convicted for his role in a murder related to drug trafficking to be sentenced to mandatory consecutive sentences.

Ex-Pryor Cashman associate with 3 foster children gets prison time in Molotov cocktail attack

A former associate at Pryor Cashman was sentenced Thursday to a year in prison for helping a friend who tossed a Molotov cocktail into a vacant police car during 2020 protests in New York.

From Amanda Knox to Kyle Rittenhouse, lawyer discusses justice and due process in the digital age

In Anne Bremner’s work as a Seattle-based trial attorney, she saw a disturbing pattern—that high-profile cases often trending on Twitter challenge the concept “innocent until proven guilty,” as cases are tried online, as well as in courtroom proceedings.

Prosecutors face obstacles in prosecution of Alec Baldwin and armorer for cinematographer’s death

New Mexico’s involuntary manslaughter caselaw could raise obstacles for prosecutors who plan to charge actor Alec Baldwin and his armorer for the death of cinematographer Halyna Hutchins.

‘Tulsa King’ and a look at organized crime

Tulsa King stars Sylvester Stallone as a New York mafia capo recently released from prison after serving a 25-year sentence. Finally free, he is caught from left field with news that he’s being sent to Tulsa, Oklahoma.

Potential juror for Young Thug trial ordered to write 30-page essay after skipping return to court

A juror who skipped a return court appearance to be considered as a juror in the trial of rapper Young Thug has been ordered to write a 30-page essay focusing on the history of jury service in Georgia.

Ex-lawyer who claimed wrongs by ‘bar card lynch mob’ charged with stabbing targeted attorney

A suspended lawyer in Renton, Washington, who once sued two other attorneys for defamation is accused of stabbing one of the lawsuit defendants in the back last month.

Supreme Court will hear case of convicted stalker to decide mental state needed for ‘true threats’ conviction

The U.S. Supreme Court has agreed to consider what kind of mental state a speaker must have to be convicted for “true threats” that aren’t protected by the First Amendment.

Meet Fani Willis, the Georgia prosecutor investigating Trump and his allies

The Georgia prosecutor who will make the decision on whether to seek charges against former President Donald Trump or his allies is 51-year-old Fulton County District Attorney Fani T. Willis, a former homicide prosecutor who now has a penchant for using the state’s broad racketeering law.

Prisoner who can’t show ‘factual innocence’ isn’t entitled to habeas relief, 5th Circuit says

A Mississippi inmate’s habeas appeal is doomed because of U.S. Supreme Court decisions remarking that federal courts have discretion to deny relief as “law and justice require,” a federal appeals court ruled last month.

How do you build trust with incarcerated clients? Exonerated jailhouse lawyer has ideas

A good way for lawyers to build trust with incarcerated clients is recognizing that for some case details, clients probably have a better sense of things than the counsel.

Relax with our favorite long reads of 2022

Feel like curling up next to the fireplace with a good read? ABA Journal Managing Editor Kevin Davis has curated a selection of our favorite feature stories that ran in the magazine and online in 2022.

Lawyer is convicted in staged slip-and-fall scheme that involved unnecessary surgeries

A New York lawyer was convicted Friday in a scheme to recruit people to participate in staged slip-and-fall accidents and then to undergo unnecessary surgeries to increase the value of their claims.

Why the Jan. 6 committee highlights actions of 3 lawyers and an ex-law prof in DOJ referrals against Trump

Updated: Three lawyers and a law professor figure prominently in criminal referrals of former President Donald Trump issued Monday by the House select committee investigating the Jan. 6, 2021, U.S. Capitol attack.

Weekly Briefs: Giuliani committed ethics violation, committee says; Justice Kavanaugh criticized for attending party

Rudy Giuliani committed ethics violation in election suit, committee says

A hearing committee in Washington, D.C., made a preliminary finding Thursday that lawyer Rudy Giuliani committed at least one ethics…

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