Criminal Procedure

Supreme Court Denies Cert for Inmate Asserting Actual Innocence

The U.S. Supreme Court has refused to hear an appeal by a death row inmate who claims the Eighth Amendment bars execution of those who are actually innocent. Troy Anthony Davis had received a stay of execution as the court considered his cert petition. The court’s refusal to hear the…

Oct 14, 2008 2:36 PM CDT

Prosecutors Seek 230-Year Sentence for Ex-Gen Re Lawyer

Prosecutors are seeking a sentence of up to 230 years in prison for a former senior lawyer at Gen Re convicted for helping structure a sham insurance deal with American International Group. The lawyer, Robert Graham, was convicted of securities fraud in February along with four other Gen Re executives,…

Oct 10, 2008 10:49 AM CDT

U of Utah Gets $2.5M US Grant to Promote Independent Iraq Judiciary

The law school at the University of Utah has been awarded a $2.5 million one-year grant from the U.S. State Department to help forge an independent judiciary in Iraq, the Salt Lake Tribune reports. “We can’t reform the Iraqi system, but we can inform the reformers of the system. We’re…

Oct 9, 2008 11:54 PM CDT

No Mistrial for Senator Stevens

A federal judge in Washington, D.C. Thursday refused to declare a mistrial in the corruption trial of Sen. Ted Stevens, R-Alaska, despite a finding that prosecutors failed to turn over potentially exculpatory information to the defense. U.S. District Judge Emmet G. Sullivan took prosecutors to the woodshed, saying “the court…

Oct 3, 2008 10:32 AM CDT

Judge Considers Dismissing Stevens Indictment over Withheld FBI Records

Updated: A federal judge heard arguments Thursday on whether to dismiss the indictment or declare a mistrial in the prosecution of Alaska Sen. Ted Stevens. U.S. District Judge Emmet Sullivan suspended Stevens’ trial because of revelations the government did not disclose FBI records that could have helped Stevens’ defense, report…

Oct 2, 2008 4:11 PM CDT

Victim’s Sister Complains Traffic Tickets Tossed ‘Nonchalantly’

The family of a pedestrian killed in Chicago by two drivers is devastated that a 22-day delay has forced the dismissal of traffic tickets issued for failure to exercise due care. The tickets were dismissed because of Rule 504 of the Illinois Supreme Court, the Chicago Tribune reports. Intended to…

Sep 30, 2008 3:00 PM CDT

Will Prosecutor and Judge’s Affair Affect a Second Murder Case?

Timothy David Nixon may not even be aware of the controversy surrounding the judge who presided over his trial and conviction for murder. Nixon was sentenced to 99 years in prison for killing his mother in Collin County, Texas, the Dallas Morning News reports. The presiding judge was Verla Sue…

Sep 29, 2008 12:11 PM CDT

Detroit Shutters Crime Lab with ‘Absolutely Shocking’ Error Rate

A Michigan State Police audit released Thursday reportedly exposed extensive problems with the Detroit Police firearms lab and prompted officials there to shutter the entire crime lab. State police began their evaluation of the lab in June after firearms evidence in a case was found to be tainted. The problems,…

Sep 26, 2008 3:54 PM CDT

En Banc Appeals Court Homes in on Nacchio Witness Exclusion

The 10th U.S. Circuit Court of Appeals in Denver assembled en banc Thursday to decide whether disgraced Qwest CEO Joseph P. Nacchio should get a new trial in the insider-trading case against him. Nacchio was convicted last year, but a three-panel appellate court ruled in March that he should get…

Sep 26, 2008 10:38 AM CDT

Adult Filmmaker Loses Double Jeopardy Bid Based on Kozinski Mistrial Declaration

A federal judge has ruled the double jeopardy clause doesn’t bar a new obscenity trial for an adult filmmaker whose case ended in a mistrial because of a controversy surrounding Judge Alex Kozinski. U.S. District Judge George King of Los Angeles said Kozinski acted with “due deliberation” when he declared…

Sep 23, 2008 2:25 PM CDT

Racketeering Convictions Reinstated for Accused NYPD ‘Mob Assassins’

Finding that a trial judge had mistakenly applied the statute of limitations, a federal appeals court has reinstated the racketeering convictions of two retired New York City police detectives who allegedly simultaneously worked as “mob assassins” while they were on the force. In that role, they allegedly participated in at…

Sep 18, 2008 11:06 PM CDT

Ex-Lobbyist Accused of Improper DOJ Influence Loses Recusal Bid

A former lobbyist arrested last week in connection with his work for Jack Abramoff has lost a bid to get a federal judge to recuse herself because of her role as the principal judge hearing related influence-peddling cases. Kevin Ring was arrested last week on charges of conspiracy, fraud and…

Sep 18, 2008 4:42 PM CDT

2 Colorado Judges Censured for Prosecutorial Work Years Ago

Two former Colorado prosecutors who didn’t turn over potentially exculpatory information to the defense in a first-degree murder case have been censured for their role in sending a man who says he is innocent to prison for almost a decade. That man, Timothy Masters, was released earlier this year, after…

Sep 10, 2008 7:42 PM CDT

Depositions Ordered re Alleged Long-Ago Affair Between Judge & Prosecutor

Charles Dean Hood is scheduled to be executed Wednesday. But first his lawyers will be allowed to depose a former prosecutor and retired judge accused of having an affair during his Texas murder trial, a state court judge decided today. A deposition of former former Collin County District Attorney Tom…

Sep 8, 2008 10:57 PM CDT

Assistant AG Clashes With Boss in Hood Death Penalty Case

A Texas assistant attorney general representing a judge accused of having a romantic relationship with the prosecutor in a death penalty case has filed a grievance against her boss, Texas Attorney General Greg Abbott. Assistant Attorney General Madeleine Connor filed the grievance with the State Bar of Texas on Sunday,…

Sep 8, 2008 11:57 AM CDT