Criminal Procedure

Suspect in Slaying of Chief Ariz. Fed’l Judge, Shooting of Congresswoman Found Incompetent for Trial

Jared Lee Loughner, the suspect in the slaying of Arizona’s chief federal district judge and the wounding of congresswoman Gabrielle Giffords during a spree shooting earlier this year, has been found incompetent. Under the ruling today by U.S. District Judge Larry Burns, the 21-year-old Loughner will now spend up to…

May 25, 2011 7:37 PM CDT

San Francisco Cops, In Wake of Misconduct Allegations, Might Start Carrying Cameras During Arrests

The San Francisco Police Department is exploring the idea of officers carrying personal cameras, while the department faces numerous misconduct allegations involving footage from other sources. The department will consider a variety of camera models, which officers would be equipped with before going to a drug bust or other arrest…

May 18, 2011 5:23 PM CDT

FLDS Member Who Pled to Assault Appealing Today, Arguing Tainted Evidence

A Fundamentalist Church of Jesus Christ of Latter Day Saints member, who last year pled guilty to sexually assaulting a 16-year old girl, is appealing the conviction. He says that he would not receive a fair trial in the rural Texas county where he was charged, and that the plea…

May 18, 2011 3:51 PM CDT

Death Penalty Lawyers Want Withdrawal of Pa. Chief Justice Opinion Calling Them Abusive

Ronald D. Castille, chief justice of the Supreme Court of Pennsylvania, lashed out last month at defense lawyers representing death row inmate Mark Spotz, claiming that the mostly federally funded work for the accused murderer was intentionally “abusive,” taking up as much court time and resources as possible. The filing…

May 16, 2011 7:39 PM CDT

Vermont DUI Convictions May Be in Jeopardy Over Alleged Breath-Test Errors

Hundreds of Vermont DUI convictions are being challenged by defense lawyers, who claim there was a mistake in the breath analysis machine’s software setup. Whistler-blowers’ complaints about unethical lab work also figure in, the Associated Press reports. Human error resulted in one machine at the Royalton State Police barracks operating…

May 16, 2011 3:58 PM CDT

IMF Chief, Accused of Sexually Assaulting Maid, Represented by Lawyer for Michael Jackson

A lawyer hired to defend Michael Jackson on child molestation charges represents the chief of the International Monetary Fund on charges he tried to rape a hotel maid in Manhattan. The New York criminal defense lawyer, Benjamin Brafman, was co-counsel for Jackson on child molestation charges for three months in…

May 16, 2011 11:45 AM CDT

Defense Counsel in Murder Case Is Handcuffed and Jailed for Lunch Hour After Dispute with Judge

Corrected: A lawyer representing the defendant in an ongoing felony murder and child-abuse trial was taken from a Michigan courtroom in handcuffs and jailed over the lunch hour after refusing to comply with what the Jackson Citizen Patriot describes as a judge’s repeated “yelled” instructions to sit down. Attorney George…

May 12, 2011 6:36 PM CDT

In Mid-Trial Ruling, Federal Judge Axes Obstruction Case Against Ex-Glaxo In-House Lawyer

Saying that the government couldn’t prove its case, a federal judge in Greenbelt, Md., has dismissed midway through trial an obstruction prosecution against a former in-house lawyer for GlaxoSmithKline. “I conclude on the basis of the record before me that only with a jaundiced eye and with an inference of…

May 10, 2011 4:58 PM CDT

Should Judge Let Defense Atty Testify re Ex-Client’s Alleged Slay Admissions? Gov’t Says No Hearsay

A self-confessed Detroit hitman serving time for eight murders reportedly has claimed responsibility as well for four more slayings that another man has been convicted of committing. But, perhaps fearing that he could face further punishment, Vincent Smothers has declined to testify about the slayings. Instead, he has made the…

May 9, 2011 8:32 PM CDT

Against Casey Anthony’s Objections, Judge Allows Her Parents at Trial

Casey Anthony, a Florida woman accused of murdering her 2-year-old daughter, doesn’t want her parents at her trial, and argued to keep them out, on the basis of her right to a fair trial. However, an Orange County Superior Court judge says that they can be there. Anthony’s daughter, Caylee,…

May 6, 2011 9:10 PM CDT

Judge to Media: Sign Confidentiality Pact to Find Out Where Casey Anthony Jury Selection Will Occur

Anticipating that the upcoming trial of Casey Anthony for the 2008 murder of her two-year-old daughter will be the biggest courtroom media event in state history, a Florida judge is requiring media organizations to sign a confidentiality agreement if they want to know in advance where the jury will be…

May 2, 2011 5:35 PM CDT

Wis. Supreme Court to Hear Challenge of Appellate Court Fines Over Lack of Brief Documentation

When Wisconsin lawyers don’t adequately support their appellate briefs with requisite documentation, they are hit with public fines of $150. Last year, a record 17 so-called summary sanctions were issued, based on findings by Court of Appeals that lawyers inaccurately certified their briefs were complete. But the fines are controversial…

Apr 26, 2011 12:17 AM CDT

Nixing Shock-Sleeve, Therapy Dog Options to Keep Murder Defendant Quiet, Judge Bans Him from Court

A Washington state court judge had a number of possible options for attempting to keep a boisterous defendant quiet during his upcoming murder trial. Among the possibilities were a therapy dog or a sleeve through which a court officer could have administered a shock every time accused killer Isaiah Kalebu…

Apr 25, 2011 7:29 PM CDT

4th Circuit Tells Lower Court to Consider DNA in Appeal of ‘Fatal Vision’ Doc

A federal appeals court has directed a lower court to consider DNA evidence and witness statements in an appeal by the Army doctor convicted of murdering his wife and two daughters in a case portrayed in the book Fatal Vision. Jeffrey MacDonald claims the 1970 murders were committed by four…

Apr 20, 2011 4:41 PM CDT

Prosecutor Wants Lenient Judge Ousted From All Criminal Cases

Corrected: A veteran Boston municipal court judge known as “Judge Let Me Go” is coming under scrutiny for being overly lenient, prompting a local district attorney to wage an unusual campaign to remove the judge from presiding over criminal trials. Suffolk District Attorney Daniel F. Conley has instructed his prosecutors…

Apr 18, 2011 3:18 PM CDT