ABA Journal

Criminal Procedure

1701 ABA Journal Criminal Procedure articles.

Scalia Edges Out Roberts, Votes With Majority in Every Decision This Term

Justice Antonin Scalia is having a good year, while Justice Anthony M. Kennedy isn’t quite the influential swing voter he used to be.

Those conclusions can be drawn from

Britney’s Lawyers: She Can’t Assist in Traffic Case Defense

Lawyers for Britney Spears persuaded a California judge today to postpone a misdemeanor traffic case against the troubled pop star, saying that she isn’t able to participate fully in her…

Supreme Court Gives Convicted Lawyer a Second Chance to Exclude Accuser’s Tape

The U.S. Supreme Court has ruled its criminal procedure decisions can be applied retroactively under state laws or constitutions, even when federal courts follow a different standard, SCOTUSblog

After 2 Months, Man Mistakenly Arrested Is Freed

After being flown in from Texas and held in a Florida jail for two months, protesting all the while that he was not the man authorities thought he was, the…

Law Prof Pursues Protégé Student’s Sentencing Case

Law student Matthew Sinor of Ohio State law school had an early victory in his legal career. He interceded on behalf of an old Army buddy and persuaded a judge…

Murder Defendant Sues Ga. Judge Over Change of Counsel

A defendant in a capital murder case who was represented for more than a year by private lawyers paid for by the state of Georgia has sued his trial judge…

Ky. Judge Bans Prosecutor Objections in Probable Cause Hearings

A Kentucky judge has threatened to hold prosecutors in contempt if they don’t stop making “obnoxious, ridiculous, abundant and useless objections” during probable cause hearings.

Jefferson District Judge Sean Delahanty…

Cases Dropped for 115 R.I. Teens; No Probable Cause Hearings

A new—and short-lived—state law in Rhode Island that put 17-year-olds in adult court was constitutional, a judge says.

But because teens didn’t get probable cause hearings before being “referred” to…

U.K. Bugged Inmate’s Calls to Lawyer; Is This a Common Practice?

In a discovery that has fanned fears that British inmates’ phone calls to their attorneys are routinely bugged, a lawyer in the U.K. reportedly has received transcripts of secretly recorded…

Heartless Jailhouse Call Rings Up Maximum Prison Term

A twice-convicted drunken driver got the maximum prison term for her latest offense—a little over 10 years—after a jailhouse phone call in which she laughed about driving into and killing…

Citizen-Launched Kan. Grand Juries Pursue Abortion & Porn Cases

An almost-forgotten law in Kansas that allows citizens to convene grand juries reportedly has become a tool for local conservatives to use to force prosecutors to pursue abortion and pornography…

O.J. Simpson Gets Bail, But Judge Doubles It to $250,000

Updated: Former football hero O.J. Simpson appeared in a Nevada court today, and was granted release on $250,000 bail prior to his upcoming trial in an armed robbery case. The…

Tough Call: How to Charge Boy, 12, in Tot’s Killing

Florida prosecutors are now deciding whether to charge as an adult a 12-year-old babysitter who has been accused of murdering a 17-month-old second cousin left in his care.

Because Shaloh…

Biased Comments Bench Fla. Judge

A Florida appeals court has removed a state judge from presiding over a blackmail case in which her comments implied that she might not be fair to the prosecution.

After…

Manslaughter Case Against Company Over ‘Big Dig’ Accident Continues

In an unusual and much-watched manslaughter case against one of the companies working on the controversial “Big Dig” tunnel project in Boston, a Massachusetts judge refused yesterday to dismiss the…

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