ABA Journal

Criminal Procedure

1701 ABA Journal Criminal Procedure articles.

Quadruple Murder Conviction Tossed Because of Trial Delays

An Indiana appellate court has tossed a man’s conviction for a quadruple murder, saying the trial judge should have granted the defendant’s speedy trial motion to dismiss the case.

The…

J.D./Journalist Slapped With Restraining Order for Posting Pellicano Audio

Lawyer/journalist Allison Hope Weiner may have thought she was getting a scoop when she exited a Los Angeles courtroom during a break in the racketeering…

Judge Says Kicking White Lawyers Out of Courtroom Was ‘Mistake’

An Atlanta judge who told white lawyers to leave his courtroom so he could lecture African-American defendants last week now says he regrets the move.

“In retrospect, it was a…

Grand Juror Spots Conviction Error in Unusual Oregon Case

A former Oregon man who was jailed for sex abuse, but never actually indicted is suing state authorities for $3.5 million.

The federal suit filed in Portland arises from an…

$1M Bond for $25 Theft Lowered After Prosecutor Calls Amount ‘Silly’

The jail in Hamilton County, Ohio, is already overcrowded. But that didn’t stop a local municipal court judge from setting a $1 million bond for Gary Weaver. So what is…

Former DA on Mission to Eliminate Closed-Door Sentencing Review Panels

Bolstered by support from the legislature, prosecutors in Georgia are mounting a full assault against the state’s system of judicial review panels that, in some cases, reduced prison terms.

The…

Kansas Strikes ‘John Doe’ Rape Warrants

The Kansas Supreme Court has struck down arrest warrants in seven rape cases—reportedly the first in the country to charge someone’s DNA with a crime.

In its ruling Friday, the…

Court: Son Can’t Represent Dad in Gambino Case

With a decision that came as a surprise to both sides, a federal judge in Brooklyn ruled Thursday that the son of a reputed Gambino consigliere can’t represent his father…

Martians and the Mentally Ill Discussed at Arguments on Pro Se Right

A majority of the justices on the U.S. Supreme Court appear to support the idea that judges can bar mentally ill defendants from representing themselves, even if they are deemed…

Man Wins Murder Trial, But Gets Almost 9 Years

Tyrone Jones didn’t have much time to celebrate after a Connecticut jury acquitted him of murder Tuesday.

The next day, the judge in the murder case sent Jones to prison…

Supreme Court Rules Prosecutor’s Exclusion of Black Juror Was Improper

The U.S. Supreme Court has ruled a trial court erred when it allowed a prosecutor to remove a black juror partly on the ground that he appeared nervous.

The prosecutor,…

Ky. Judge Ordered to Allow Prosecutors to Make Objections

A Kentucky judge who had an unwritten no-objections policy as far as prosecutors in his courtroom were concerned is going to have to reverse course.

A Jefferson County Circuit Court…

Scruggs Gets Contempt Prosecution Tossed

After repeated press accounts about charges that Richard “Dickie” Scruggs conspired to bribe a judge, the plaintiffs lawyer finally has some good news.

A federal judge…

ABA Files Amicus Brief Supporting Habeas Corpus in Iraq

Weighing in on an issue that has created concern among lawyers, journalists and human rights advocates, among others, the American Bar Association has filed a U.S. Supreme Court amicus brief…

ABA Offers Gitmo Tribunal Help, UK Bar Groups Voice Fairness Concerns

The president of the American Bar Association has written the president of the United States, expressing concern that six terrorism suspects detained at the U.S. military prison at Guantanamo Bay…

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