Criminal Procedure

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

Former Drug Company Lawyer Re-indicted in Wellbutrin Case

A onetime lawyer for drug maker GlaxoSmithKline was re-indicted on obstruction of justice charges in a probe into Wellbutrin off-label marketing. An indictment of Lauren Stevens was dismissed in March following revelations of errors during the grand jury proceeding. On Thursday, Stevens was charged again with four counts of making…

Apr 15, 2011 2:54 PM CDT

Prosecutor Critical of DWI Dude’s ‘No Refusal’ Ad

A San Antonio-area prosecutor believes a full-page newspaper ad taken out by two defense lawyers is misleading because it doesn’t communicate that there are consequences if suspects refuse blood-alcohol testing. Lawyers George Scharmen and Jamie Balagia, aka the DWI Dude, placed the “Choose to Refuse” ad in the San Antonio…

Apr 15, 2011 1:43 PM CDT

Psychologist’s Reprimand Gives Hope to Counsel for Death Row Inmates

In a closely watched case, lawyers for death row inmates who were cleared for trial by a Texas psychologist reprimanded for his methods are hopeful their clients will avoid lethal injection. The Texas State Board of Examiners of Psychologists has reprimanded Dr. George Denkowski, whose intellectual competency testing methods have…

Apr 15, 2011 11:30 AM CDT

5th Circuit Rules Lawyer and Client Violated Gag Order; Lawyer Gets $5K Fine, 120-Day Suspension

A federal appeals court ruled (PDF) that a former Dallas mayor pro tem violated a gag order and thus gets another 30 days on top of the 18-year prison sentence he received in 2009 for corruption. And his lawyer, who also spoke out of bounds during the same television interview,…

Apr 7, 2011 5:10 PM CDT

Defense Attorneys in Death Penalty Cases in Philadelphia File Court Challenge to Low Pay

Arguing that the state of Pennsylvania should either pay private defense attorneys adequately for taking on court-appointed capital cases or abolish the death penalty, a group of lawyers has filed suit in Philadelphia. Led by Marc Bookman, the group of lawyers says in its Common Pleas Court filing that Philadelphia…

Apr 6, 2011 9:44 PM CDT

Prosecutors and Judges to Join Police at DWI Checkpoints to Enforce New ‘No Refusal’ Law

In what is billed as a first-of-a-kind law enforcement effort in Jasper County, Mo., prosecutors and judges will be joining police at drunken-driving checkpoints, starting tonight, to enforce a new “no refusal” statute in the state. If motorists who seem to be driving while intoxicated refuse to take a breath…

Apr 1, 2011 10:21 PM CDT

States Split Over Warrantless Searches of Cellphone Data

What do a cellphone and a cigarette package have in common? Both can be found on someone during an arrest, and law enforcement may open them up without a warrant and see what’s inside, says the California Supreme Court. The January opinion involves a Motorola Razr phone found in the…

Apr 1, 2011 7:49 AM CDT

Police in Fla. Town Use Email and Skype to Obtain Warrants While Still on the Scene

A police officer and a county judge in South Florida worked together with prosecutors to develop a Skype-based booking system for the town of Palm Bay that operates as a virtual courtroom at a crime scene. As a suspect is arrested in a driving-under-the-influence case, police forward documents by email…

Mar 29, 2011 11:17 PM CDT

Judge Tosses Indictment of In-House Lawyer Accused in Wellbutrin Probe, Cites Prosecutor Error

A federal judge has dismissed an indictment that had accused a former in-house lawyer of obstructing a probe into Wellbutrin off-label marketing, citing a grand juror’s “elephant in the room” question and a prosecutor’s incorrect response. The ruling by U.S. District Judge Roger Titus of Maryland allows prosecutors to seek…

Mar 24, 2011 5:08 PM CDT

No Quick Miranda Warning Needed for Domestic Terror Suspects Under New FBI Rules

Domestic terrorism suspects may be questioned without an immediate Miranda warning under FBI rules adopted in December. The Wall Street Journal (sub. req.) obtained a copy of the FBI memorandum outlining the policy. It allows the delayed warning in “exceptional cases” when interrogation is needed “to collect valuable and timely…

Mar 24, 2011 11:31 AM CDT

Revelations of Convicted Judge’s Brain Damage, Bipolar Disorder Spur New Hearing Requests

U.S. Attorney Sally Yates says she won’t oppose new hearing requests by defendants sentenced by U.S. District Judge Jack Camp when he was using marijuana, cocaine and a prescription opiate. So far, five out of 16 defendants sentenced during that period have sought new hearings, and at least one has…

Mar 23, 2011 12:58 PM CDT