Criminal Procedure

UK Judge OKs Extradition of Terrorism Suspect Wanted for Alleged NY Subway Bomb Plot

A terrorism suspect who argued he could face torture or mistreatment if he is sent to the United States for trial has lost a bid to avoid extradition. A British court today approved the extradition of Pakistani national Abid Naseer, who is wanted here for his alleged role in a…

Jan 21, 2011 3:54 PM CST

Juror on Hot Seat, Accused of Web-Surfing; Claimed Research May Cause Capital Murder Case Mistrial

A mistrial may have to be declared in a Pennsylvania capital murder case over a juror’s reported Web-surfing. The Luzerne County panel’s foreman blew the whistle on fellow juror Gretchen Black today, when she returned to court this morning after the first day of deliberations allegedly armed with Internet information…

Jan 14, 2011 7:22 PM CST

Ex-Lawyer Asks U.S. Supreme Court to Overturn Conviction Stemming from Affair Photos

A once-successful lawyer is asking the U.S. Supreme Court to accept his cert petition and reverse a child porn conviction stemming from an affair he had with his wife’s16-year-old sister more than 35 years ago. The U.S. Supreme Court may decide whether to accept the cert petition by Gary Peel…

Jan 14, 2011 5:12 PM CST

President’s Comments Contradict Complaint in Federal Judge’s Slaying

A Columbia law professor isn’t concerned about recent comments by President Obama that contradict the criminal complaint filed against the suspect in the shooting death of U.S. District Judge John Roll. Federal charges against suspect Jared Lee Loughner are based on a 1971 law that makes it a crime to…

Jan 14, 2011 1:25 PM CST

Top Texas Court Orders End to Hearing on Constitutionality of Death Penalty

The top criminal court in Texas has ruled that a trial judge may not hold a hearing on the constitutionality of the death penalty when a capital murder defendant has not yet faced trial. The Court of Criminal Appeals permanently halted the inquiry by Judge Kevin Fine in a 6-2…

Jan 13, 2011 3:03 PM CST

Evidence of Premeditation Could Harm Insanity Case for Alleged Ariz. Shooter

An insanity defense could face some difficult hurdles in the guilt phase of a federal trial for Tucson, Ariz., shooting suspect Jared Lee Loughner. Loughner had apparently planned the killing, prosecution documents allege, and experts say that could pose problems under the federal insanity standard, report the Associated Press and…

Jan 11, 2011 3:17 PM CST

Hospitalized in Coma, Girl, 13, Is Ticketed for Jaywalking

Hit by a car as she was walking home from school on Tuesday, a Las Vegas eighth-grader is in the hospital in a medically induced coma. But that didn’t prevent police from ticketing Takara Davis, 13, for jaywalking, reports KLAS-TV. Since the teen was unable to accept the ticket, an…

Jan 6, 2011 5:35 PM CST

Good Lawyering Saves Defendant Arrested for Violating Protective Order That Didn’t Exist

After her relationship with Jesse Almond deteriorated, Sandra Bogden sought a protective order against the 75-year-old Florida retiree. Judge Lorraine Kelly denied Bogden’s request. But somehow a protective order was issued, perhaps because parts of two different orders got mixed together during the Pinellas County jurist’s call that day in…

Dec 28, 2010 12:17 PM CST

Potential Jury Nullifies Law Before Even Being Seated, Eliminating Drug Trial

An accused drug-dealer caught a break in court last week, when a group of potential jurors in Montana revolted against an unpopular marijuana law. No way could they convict anybody of a crime for having a couple of buds of marijuana–less than a fifth of an ounce, they told the…

Dec 20, 2010 8:02 PM CST

Top UK Judge OKs Reporters’ Use of Twitter, Texts & E-Mail in Court

Journalists should routinely be allowed to use Twitter and send texts and e-mail from smart phones from courtrooms while covering legal news, the most senior judge in the United Kingdom said today in a note providing guidance to others. The action by Igor Judge, the Lord Chief Justice of England…

Dec 20, 2010 7:29 PM CST

Colo. Author Faces Fla. Obscenity Case, Allegedly Sold Signed Copy of ‘Pedophile’ to Authorities

The Colorado author of The Pedophile’s Guide to Love and Pleasure: a Child-lover’s Code of Conduct has been arrested in a Florida obscenity case after allegedly selling a signed copy of his book to Polk County undercover officers. Philip Ray Greaves II was arrested at his Pueblo home on a…

Dec 20, 2010 6:54 PM CST

Sutherland Partner Sues D.C. Over Arrest and $35 ‘Post & Forfeit’ Fee, Seeks $1.2M and Class Status

A partner of Sutherland Asbill & Brennan has filed a federal lawsuit against the District of Columbia and two police officers. White collar criminal defense partner Hamilton “Phil” Fox III contends he was not accorded his constitutional right of defending himself in court after being arrested for disorderly conduct over…

Dec 17, 2010 9:28 PM CST

WikiLeaks Founder Assange Gets Bail in UK, But His Release Is Delayed as Swedish Prosecutors Appeal

In a British court hearing that was live-tweeted, with the permission of the judge, the founder of the WikiLeaks whistle-blowing website was granted bail today. However, the release of Julian Assange, who is being held on an Interpol warrant in a Swedish sex-crime case, has been delayed while Swedish prosecutors…

Dec 14, 2010 8:35 PM CST

Texas Appeals Court Halts Hearing on Death Penalty Flaws

Texas’ highest criminal court has temporarily halted a hearing on the constitutionality of capital punishment overseen by a Houston judge who issued then rescinded a decision striking down the state’s death penalty. The stay issued by the Texas Court of Criminal Appeals gives prosecutors time to file briefs arguing the…

Dec 8, 2010 2:40 PM CST

Allen Stanford Is Medically ‘Numbed’ and Unable to Testify, Lawyer Says

A lawyer for R. Allen Stanford says his client is so heavily medicated that the accused financier can’t assist in his defense or testify at trial. Lawyer Ali Fazel says in court papers that Stanford’s mental, emotional and physical health are “drastically deteriorating” and he should be released on bail,…

Dec 8, 2010 12:56 PM CST