Criminal Procedure

Actual innocence is needed for claim of sentencing malpractice, Washington Supreme Court says

Corrected: The Washington Supreme Court has upheld dismissal of a legal malpractice suit filed by a man who won resentencing in his rape case but didn’t get a new sentence until 12 years afterward. The state supreme court ruled (PDF) on Thursday that actual innocence is needed to establish criminal…

Jul 8, 2016 10:49 AM CDT

‘Preventative law’ practice aims to stem the tide of heroin addiction

America's heroin problem is hardly a secret anymore. Broached in the New Hampshire presidential primary, heroin addiction has been a subject for newspapers, magazine articles, television shows and books.

Jul 1, 2016 2:10 AM CDT

SCOTUS to consider case of death-row inmate whose case was ‘marred by racial overtones’

The U.S. Supreme Court has agreed to consider the case of a death-row inmate whose own defense expert testified he is statistically more likely to be dangerous in the future because he is black. At issue is whether the inmate, Duane Buck, was entitled a Certificate of Appealability to press…

Jun 6, 2016 10:41 AM CDT

Are private education programs for shoplifters a second chance or extortion?

Debra Black was accused of stealing about $6 worth of goods from a Goodwill store. Black, a quadriplegic in her early 60s, claims she didn’t intend to steal. She says she hung a child’s purse and other items from the arm of her wheelchair so she could use her hands,…

Jun 1, 2016 2:40 AM CDT

Veterans Village of San Diego provides holistic services, including homeless court and legal aid

Shellie Bowman still remembers how clearing a lengthy criminal record affected one client at the Veterans Village of San Diego, a comprehensive homeless services agency.

Jun 1, 2016 1:10 AM CDT

FBI introduces Iris, a Labrador retriever trained to sniff out digital devices

The FBI has a new worker with a unique skill: Iris, a Labrador retriever, is the agency’s first dog trained to sniff out electronic devices including cell phones, computers, thumb drives—and detonators. Trained by the Connecticut State Police, the 19-month-old canine does so by scenting two chemicals that are commonly…

May 26, 2016 1:50 PM CDT

How well do people actually know their Miranda rights? (podcast with transcript)

"You have the right to remain silent.” Because of TV shows and movies, most people probably know at least this part of the Miranda warning. But do people actually understand all of their Miranda rights? Fifty years after the landmark decision in Miranda v. Arizona, the ABA Journal's Stephanie Francis Ward speak to Russell Covey of Georgia State University State’s College of Law to find out what people know and don’t know about their rights.

May 23, 2016 8:00 AM CDT

New Senate bill would block SCOTUS-approved rule change expanding DOJ’s surveillance powers

A small bipartisan group of U.S. senators has introduced a proposed bill to curtail computer intrusions by the U.S. government. Their Stop Mass Hacking Act, introduced Thursday by Sen. Rand Paul (R-Ky.) and Sen. Ron Wyden (D-Ore.), would reverse a change to Rule 41 of the Federal Rules of Criminal…

May 20, 2016 5:45 AM CDT

Secret Snitches: California case uncovers long-standing practice of planting jailhouse informants

Angry about a child custody dispute, Scott Dekraai armed himself with three handguns, drove to the beauty salon in Seal Beach, California, where his ex-wife worked and opened fire. The two-minute rampage in October 2011 left eight people dead and one injured, making it the worst mass shooting in Orange County history. Within an hour, Dekraai was pulled over by police and confessed. Numerous witnesses, including a survivor, could testify that he was the shooter. There was no reason to think that convicting him would be difficult.

May 1, 2016 4:10 AM CDT

On 50th anniversary of landmark Miranda decision, is it more than mere words?

All of us have heard these words, even if we have never been arrested. The Miranda warning is ingrained in our consciousness through decades of popular culture references. From Dragnet to Law & Order to How to Get Away with Murder, it has been repeated so often that most Americans…

May 1, 2016 3:40 AM CDT

Ethics opinion revisits rule on providing client representation information

In legal ethics, like so many other fields, it's not easy to address all the possible applications of a rule on the first try. And the task becomes even tougher when the rule undergoes major changes before all the variations in its application can be considered by the courts and other authorities.

May 1, 2016 2:20 AM CDT

Despite 2014 law, those who can’t pay court fines are still jailed: So Colorado lawmaker tries again

Originally, James Fisher was fined $703 in 2012 for twice violating Colorado open-container laws and being unable to provide proof of insurance. Since then, he has paid $1,500 and been jailed three times, when he couldn’t come up with money or failed to appear in court, he told a state…

Apr 27, 2016 12:50 PM CDT

Evidence FBI obtained via malware in child pornography possession case is tossed by court

A Massachusetts federal judge Wednesday threw out electronic evidence the FBI obtained against a child pornography possession defendant on the basis that the Virginia warrant the government got for the search was issued without jurisdiction. The investigation involved the FBI using malware to penetrate Tor, a network with software that…

Apr 21, 2016 5:37 PM CDT

Judge reduces conviction in ex-cop’s fatal Brooklyn stairwell shooting

Former New York Police Department officer Peter Liang will avoid prison for fatally shooting Akai Gurley inside a housing project. The New York Times reported Tuesday that Brooklyn Supreme Court Judge Danny Chun ruled that the November 2014 shooting had been an accident and reduced the jury’s verdict finding Liang…

Apr 20, 2016 4:55 PM CDT

Court systems rethink the use of financial bail, which some say penalizes the poor

Shannan Wise of Baltimore had never been arrested before. A single mother of two, she was busy juggling her family, her job as a driver for a private van service, seasonal work at Target and going to school to become a medical biller.

Apr 1, 2016 4:40 AM CDT