Criminal Procedure

Sealed DOJ Motion to Seal Public Transcript OK’d Sans Opinion by DC Circuit in Gitmo Case

An already convoluted case concerning the power of federal courts to intervene in government decisions about where to transfer detainees from the Guantanamo Bay military prison has been further complexified by an unusual effort to seal the transcript of a public appellate court hearing in the case. The motion to…

May 12, 2010 11:09 PM CDT

Judge Reportedly Closes Juror Contempt Hearing to Public & Gov’t. Lawyer

A planned contempt hearing today for an unidentified juror accused of violating the judge’s instructions by watching a YouTube video about a reckless homicide case apparently went forward as scheduled. But both the public and a government lawyer in the reckless homicide case weren’t permitted to attend, reports the Louisville…

May 10, 2010 6:04 PM CDT

Dad Can Walk Bride Down Aisle, Federal Judge Rules, But Can’t Talk to Groom’s Father

A defendant on home confinement while awaiting trial in a video gambling case can walk his daughter down the aisle during her August wedding, a federal judge in Chicago has decided. But Casey Szaflarski can’t talk to the father of the groom, ruled U.S. District Judge Ronald Guzman. The limitation…

May 4, 2010 7:30 PM CDT

Man Accused of Murdering Rothstein Firm Partner Is Incompetent for Trial

The man accused of murdering a Florida attorney from a now-notorious law firm is incompetent to stand trial. Tony Villegas was declared incompetent last month by Broward Circuit Judge Michael Gates, after the prosecution and defense team agreed on medical findings by two forensic psychologists, defense attorney Al Milian tells…

May 3, 2010 9:41 PM CDT

Judge Nixes RICO Charges, But Defense Lawyer Still Faces 36 Counts, Including Murder

A New Jersey defense lawyer and former prosecutor accused of participating in a variety of criminal acts up to and including murder will not face three racketeering charges, a federal judge in Newark has decided. Paul Bergrin still faces 36 other counts, reports the New Jersey Law Journal in an…

Apr 23, 2010 8:31 PM CDT

NY Judge Banishes Pot Grower—Guesses on Where He’s Moving?

In an unusual plea deal, New York resident Brian M. Renaud will leave New York permanently in exchange for a probationary sentence. Niagara County Judge Sara Sheldon Sperrazza approved the plea deal for Renaud, who pleaded guilty Wednesday to his second marijuana felony in six years, the Buffalo News reports.…

Apr 23, 2010 3:41 PM CDT

Polanski’s Move to Block Extradition Fails

Director Roman Polanski has failed in his latest attempt to block his extradition to the United States from Switzerland. A California appeals court on Thursday denied a request to end the 33-year-old case by sentencing the acclaimed director, who is under house arrest in Switzerland, to time served, the New…

Apr 23, 2010 11:59 AM CDT

Oops. Ex-Illinois Gov’s Unredacted Filing Seeking Obama’s Testimony Is Posted Online

Attorneys for impeached former Illinois Gov. Rod Blagojevich today filed a motion asking a federal judge in Chicago to subpoena President Barack Obama to testify at Blagojevich’s upcoming corruption trial. But a computer glitch has made numerous redactions in the motion public, reports the Chicago Tribune. To see the redacted…

Apr 22, 2010 10:30 PM CDT

Judge Resigns, Avoiding Ethics Probe re Alleged Relationship with Prosecutor

A South Florida judge accused of failing to disclose a close relationship with a prosecutor who was trying a first-degree murder case in her courtroom has resigned her seat on the bench, thus avoiding the need to answer an ethics complaint brought against her by the state Judicial Qualifications Commission.…

Apr 22, 2010 9:05 PM CDT

Retired Lawyer Must Serve Time for Holding $30M in Art Stolen By Client, 1st Circuit Says

It was reportedly the biggest art theft in Massachusetts state history, and Robert Mardirosian’s client committed it. When David Colvin brought the paintings—including a Cezanne still life which eventually sold at auction years later for nearly $30 million—to Mardirosian shortly after the 1978 heist, the lawyer initially held them for…

Apr 16, 2010 12:28 AM CDT

Military Jury Convicts Soldier of Murder 20 Years After his Civilian Acquittal

More than 20 years after his acquittal in civilian court, a soldier has been convicted of a triple murder by a military jury. This time prosecutors relied on DNA tests that had not been available in the earlier trial of Master Sgt. Timothy Hennis, according to stories in the New…

Apr 9, 2010 1:13 PM CDT

Must Criminal Contempt Occur in Court? 7th Cir. Mulls Judge’s Reaction to E-Mail Flood

As lawyers today debated before the 7th U.S. Circuit Court of Appeals whether a federal district judge should have sentenced an informercial pitchman to 30 days for flooding his in-box with e-mail, the three-judge panel honed in on whether criminal contempt can occur outside the physical boundaries of a courtroom.…

Apr 8, 2010 9:35 PM CDT

Judge Sues Newspaper for $50M, Claims Breach of Promised Anonymity re Web Comments

Under fire over anonymous comments reportedly made from her private e-mail account about defendants and at least one lawyer in cases she is overseeing, an Ohio judge has blasted back by filing suit against the Cleveland newspaper that broke the story. Cuyahoga Court of Common Pleas Judge Shirley Strickland Saffold…

Apr 7, 2010 10:19 PM CDT

Judge Accused of Case-Related E-Mail Declines to Step Down, Blames Media

An Ohio judge accused of making anonymous comments about her cases online under the moniker “Lawmiss” has denied a motion to recuse herself by a lawyer representing a defendant in a serial murder case. Although Cuyahoga County Common Pleas Judge Shirley Strickland Saffold said today that she hasn’t yet decided…

Apr 5, 2010 10:39 PM CDT

NSA Illegally Wiretapped 2 Lawyers for Islamic Charity, Judge Rules

Federal authorities violated the law by wiretapping two United States lawyers for an Islamic charity without obtaining a warrant, a federal judge in San Francisco has just ruled. The government will almost certainly appeal the much-awaited ruling by Chief U.S. District Judge Vaughn Walker of the Northern District of California…

Mar 31, 2010 7:54 PM CDT