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.
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.
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.
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.
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…

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.”
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.

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…

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.
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.
‘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.

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…

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.
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.
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.

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