Criminal Procedure

Law Firm Says Judge Jailed Defense Attorney for Telling Client to Take the Fifth at His Arraignment

Updated: A Michigan criminal defense lawyer spent about four hours in jail on Friday after being held in contempt for telling a client to assert his Fifth Amendment right against self-incrimination at his arraignment. Attorney Scott Millard, 29, who works for Miel & Carr, was supposed to be jailed until…

Dec 6, 2011 10:53 PM CST

Commission Call: ABA Supports Comprehensive Study of Criminal Justice System

In the face of a growing U.S. prison population and concerns about funding cutbacks for criminal justice services, the ABA is supporting a proposal in Congress to conduct the first comprehensive examination of the nation’s criminal justice system in 45 years. Sen. Jim Webb, D-Va., first proposed the creation of…

Dec 1, 2011 7:30 AM CST

Swiss Drug Maker Wants No Part of Nebraska’s Lethal Injection Regime

A Swiss drug company has asked Nebraska officials to return a drug it made that the state plans to use for the execution of death row inmates. The CEO of Naari says the company did not supply the drug to the state and would never support its use in a…

Nov 30, 2011 8:09 PM CST

County Prosecutor Protests, to No Avail, Being Called as Witness in Child Sex-Abuse Case

Despite a top Lafayette County prosecutor’s argument that sitting in on an investigative meeting years ago didn’t make her a witness in a criminal case, a Missouri judge has refused to remove Kellie Wingate Campbell from the witness list. She and two assistants will potentially be called to testify in…

Nov 21, 2011 11:18 PM CST

New Trial Sought for Death Row Inmate over Jurors’ Tweeting and Napping

A lawyer for a death row inmate argued before the Arkansas Supreme Court on Thursday that the conviction should be overturned because one juror was tweeting during the trial and another was apparently napping. Lawyer Janice Vaughn of the Arkansas Public Defender Commission argued on behalf of Erickson Dimas-Martinez, convicted…

Nov 18, 2011 3:30 PM CST

Courthouse ‘Nurse-In’ Planned in Support of Mom with Nursing Baby Called Out by Judge

Supporters of a Michigan mom scolded by a Paw Paw district judge after she breastfed her son in the courtroom are planning a “nurse-in” outside the Van Buren County courthouse later this month. They expect perhaps 25 or 30 people to attend the Nov. 28 protest and rally, which will…

Nov 17, 2011 10:14 PM CST

DNA Test Wins New Trial for 4 Jailed as Teens in Murder Case, But Top Chicago Prosecutor Has Doubts

A top Chicago prosecutor said she wasn’t convinced by DNA evidence that excluded four convicted men and seemingly pointed to a convicted murderer as the culprit in the 1994 strangulation slaying of a prostitute in one of the city’s poorest neighborhoods. “DNA evidence in and of itself is not always…

Nov 16, 2011 10:16 PM CST

Illinois Inmate Wins New Trial After Arguing His Sentence Was Too Lenient

An Illinois inmate who regretted his guilty plea to murder has won a new trial based on arguments that his 30-year sentence was too lenient. Benny Deanda Jr. wants to assert in a new trial that he acted in self-defense, the Chicago Tribune reports. He pleaded guilty during his first…

Nov 9, 2011 4:08 PM CST

Supreme Court Upholds Conviction of Defendant Who Missed Benefit of Redaction Ruling

In 1998, the U.S. Supreme Court ruled too late for Eric Greene, convicted of second-degree murder, robbery and conspiracy for his role in a robbery. The Supreme Court upheld Greene’s conviction today in a decision that dealt with the timing of the 1998 decision and whether it amounted to clearly…

Nov 8, 2011 3:48 PM CST

Evidence Rulings and Incriminating Statements Made Conrad Murray’s Case a Losing Battle

Conrad Murray didn’t help his case when he made incriminating statements to detectives about the death of pop star Michael Jackson. During the police interview, the physician admitted he treated Jackson’s insomnia with the powerful sedative propofol, admitted giving Jackson the drug on the night of his death, and admitted…

Nov 8, 2011 1:02 PM CST

Judge’s Recusal Postpones Contempt Hearing for 2 Texas Prosecutors in Runaway Grand Jury Case

A Texas judge has granted a recusal motion by a veteran prosecutor and stepped aside from determining whether he and another senior member of the Harris County district attorney’s office should be held in contempt. Judge Susan Brown’s action postponed a scheduled 9 a.m. show-cause hearing today for prosecutors Carl…

Nov 7, 2011 7:32 PM CST

Supreme Court Reinstates Death Sentence in Summary Reversal of 6th Circuit

The U.S. Supreme Court has reinstated the death sentence of an Ohio inmate in a summary reversal of the Cincinnati-based 6th U.S. Circuit Court of Appeals. The defendant, Archie Dixon, was convicted of murdering a man to steal his car. According to the Supreme Court’s per curiam opinion (PDF), the…

Nov 7, 2011 6:41 PM CST

Judge Sets Contempt Hearing for Prosecutors and Court Reporters in Runaway Grand Jury Probe

Two prosecutors and two court reporters have been ordered to appear before a Texas judge Nov. 7 to show cause why they should not be held in contempt concerning an unusual runaway grand jury probe, the Houston Chronicle reports. The grand jury excluded prosecutors from the courtroom last month, and…

Nov 1, 2011 5:48 PM CDT

The Battle on the Home Front: Special Courts Turn to Vets to Help Other Vets

Photo of Judge Robert Russell by Jennifer S. Altman. When Assistant District Attorney Ray Herman first became involved with Buffalo, N.Y.’s alternative treatment program for military veterans who’d found themselves on the wrong side of the law, he had his doubts. “The whole program seemed a little—I don’t know—touchy-feely,” says…

Nov 1, 2011 10:10 AM CDT

In Defense of the Courts: Symposium Finds No Easy Way to Fund Courts

The University of Kentucky, Robinson’s alma mater, hosted the symposium in September. Photo of Memorial Hall courtesy of the university. Evidence of the growing financial crisis looming over state courts around the country continues to roll in. But attendees at a symposium Sept. 23-24 at the University of Kentucky in…

Nov 1, 2011 6:50 AM CDT