Criminal Procedure

Misstated DNA Probabilities Not Ground for Reversal, High Court Says

The U.S. Supreme Court has ruled against a defendant convicted of the rape of a 9-year-old girl after a night of heavy drinking. The Supreme Court said in a per curiam opinion (PDF) that overstated estimates of a DNA match at trial did not warrant reversal of a conviction when…

Jan 11, 2010 5:27 PM CST

Judge’s Prosecution on Hold in Obstruction Case Based on His Rulings

In an unusual move intended to give the Arizona Supreme Court time to weigh in on the controversial bribery and obstruction prosecution of a state-court judge over his court rulings, a fellow jurist in another county has issued a stay that will put the case on hold until March. As…

Jan 7, 2010 7:11 PM CST

Are New DOJ ‘Broad & Early’ Discovery Rules Best Enforced by Judges?

Three memos issued this week by the Department of Justice, in response to criticism of federal prosecutors concerning the disclosure of exculpatory evidence in the high-profile prosecution of former Sen. Ted Stevens, provide a roadmap for staying within ethical boundaries. In a main memo to DOJ attorneys that implements recommendations…

Jan 5, 2010 10:39 PM CST

Judge’s Ruling Tossing Charges Against Blackwater Guards Alludes to Alternatives

A federal judge has dismissed manslaughter and weapons charges against five former Blackwater security guards accused of firing on unarmed Iraqi civilians and killing 17 people. But prosecutors may still be able to charge the guards if they lied to investigators. U.S. District Judge Ricardo Urbina of Washington, D.C., ruled…

Jan 4, 2010 12:24 PM CST

Is Supreme Court’s Lab Testimony Ruling at Risk?

On Jan. 11, the U.S. Supreme Court will consider when and how lab analysts must testify to satisfy a June ruling that holds crime lab evidence can’t be used at trial unless the analysts are subject to cross-examination. The issue in Briscoe v. Virginia is whether Virginia’s procedure meets the…

Dec 21, 2009 1:26 PM CST

Criminal Case Against Ariz. Judge Raises Questions About Prosecution

After yesterday’s announcement of felony charges against the presiding criminal court judge in Maricopa County, some lawyers in Arizona are questioning the ethics of a county attorney involved in bringing the charges and even calling for outside intervention. Such prosecutions of a judge over his rulings on assigned cases are…

Dec 11, 2009 1:57 AM CST

Judge Holds US in Contempt for Not Videotaping Gitmo Detainee Testimony

A federal judge in Washington, D.C., held the U.S. Department of Defense in civil contempt of court today for disobeying a prior court order that required “the appropriate agency” to preserve a videotape of a detainee’s testimony in a closed-door habeas corpus hearing. Although Mohammed al-Adahi couldn’t appear in open…

Dec 10, 2009 11:16 PM CST

Blagojevich’s 17th Amendment Autograph Says Rule of Law Is ‘FN Golden’

Former Illinois Gov. Rod Blagojevich is apparently fond of the catchphrase “f—ing golden.” Blagojevich, accused of trying to sell the Senate seat once held by Barack Obama, was caught on tape asserting, “I’ve got this thing, and it’s f—ing golden.” At a book signing yesterday, Blagojevich was coaxed to sign…

Dec 9, 2009 5:00 PM CST

Arguments on This Warning: ‘You Have the Right to a Lawyer Before Answering’

In oral arguments today, the U.S. Supreme Court will consider whether a criminal suspect in Tampa, Fla., was adequately informed of his right to a lawyer during his interrogation. The case, Florida v. Powell, highlights courts’ struggle to determine the adequacy of Miranda warnings that may vary by jurisdiction, according…

Dec 7, 2009 3:16 PM CST

Objections to a Prosecutor’s Phone Call Benefit Ex-Broadcom GC

Broadcom’s former general counsel won’t face criminal backdating charges because of a phone call by a federal prosecutor. The government plans to give former general counsel David Dull a nonprosecution agreement after a federal judge criticized the phone call by Assistant U.S. Attorney Andrew Stolper, the Orange County Register reports.…

Dec 4, 2009 1:04 PM CST

Capital Defense Lawyer Explains Missed Appeal Deadline

A Texas death-penalty lawyer, called on yesterday to explain why he blew a deadline for filing an appeal, blamed a lack of time to prepare and his client’s increasingly erratic behavior. It was the second time that lawyer David Dow was in the news for filing a late appeal. The…

Dec 3, 2009 7:45 PM CST

Thomas Hits Stevens for ‘Novel’ View on Cruelty of Execution Delays

Is a 29-year delay in execution “unacceptably cruel” and a constitutional violation? Justices Clarence Thomas and John Paul Stevens sparred over the question in dueling opinions issued Tuesday on the Supreme Court’s refusal to review the case of convicted murderer Cecil Johnson. The BLT: The Blog of Legal Times covered…

Dec 3, 2009 1:41 PM CST

A Second Late Appeal Puts Death-Penalty Lawyer on the Hot Seat

The chief judge of the Texas Court of Criminal Appeals faced mounting criticism and ethics charges over her refusal to accept a late emergency death-penalty appeal two years ago. Now the lawyer who wanted to keep the courthouse open to file the documents is facing scrutiny for a second late…

Dec 2, 2009 6:01 PM CST

Study: Students Pressured to Drop Rape Complaints

Students who are victims of sexual assault on campus face a “culture of secrecy” when attempting to bring their perpetrators to justice, according to an investigative report released this week. The Washington, D.C.-based Center for Public Integrity, over a nine-month period, interviewed 33 female students who had reported being raped.…

Dec 2, 2009 5:06 PM CST

DynCorp Fires Top Compliance Lawyer in Wake of Foreign Bribery Probe

Defense contractor DynCorp International Inc. has fired its top compliance lawyer amid an internal investigation into whether its employees bribed foreign government agencies. The fired lawyer, Curtis Schehr, had joined the company in 2006 as general counsel, Corporate Counsel reports. In a Nov. 9 report, DynCorp disclosed that subcontractors may…

Dec 2, 2009 3:41 PM CST