Criminal Procedure

Supreme Court Punts on Crime Lab Case

During January oral arguments in Briscoe v. Virginia, Justice Antonin Scalia made clear he wasn’t happy with the U.S. Supreme Court’s decision to grant cert in the confrontation clause case. At issue was the constitutionality of Virginia’s rules for the use of laboratory reports at trial in light of Scalia’s…

Jan 25, 2010 3:56 PM CST

FBI Illegally Obtained 2,000-Plus Phone Records; Lawyer Raised Concerns

The FBI illegally obtained more than 2,000 telephone call records by invoking terrorism emergencies that weren’t real or by persuading telecommunications companies to cooperate, a newspaper investigation has found. The illegal requests were made between 2002 and 2006, the Washington Post reports. FBI director Robert Mueller did not know about…

Jan 19, 2010 7:46 PM CST

Supreme Court Vacates Conviction, Cites Jurors’ Chocolate Penis Gift

The U.S. Supreme Court has ordered a federal appeals court to reconsider the claims of a Georgia death row inmate who is challenging his rape and murder conviction based on some unusual chocolate gifts given to the trial judge and bailiff. Some jurors hearing the case against defendant Marcus Wellons…

Jan 19, 2010 5:51 PM CST

High Court Tells 3rd Circuit to Reconsider Death Sentence for Abu-Jamal

The U.S. Supreme Court has directed a federal appeals court to reconsider the death penalty for former Black Panther Mumia Abu-Jamal, convicted of killing a police officer in 1981. The Supreme Court directed the Philadelphia-based 3rd U.S. Circuit Court of Appeals to reconsider its decision invalidating the death penalty for…

Jan 19, 2010 4:54 PM CST

Supreme Court Rules Defendant Has Right to Open Voir Dire

The U.S. Supreme Court has reversed the cocaine trafficking conviction of a defendant who claims his Sixth Amendment rights to a public trial were violated when the trial court excluded his uncle from voir dire. The high court granted certiorari and ruled on behalf of defendant Eric Presley in a…

Jan 19, 2010 4:16 PM CST

Posner Blasts ‘Out of Control’ Class-Action Lawyer in Fee Fight

A federal appeals court has blasted an Illinois class action lawyer as “out of control” and ordered sanctions for bringing a groundless suit for fees against his former law firm partners. The lawyer, Rex Carr, “is locked in mortal combat with his former law partners,” but the litigation is groundless,…

Jan 14, 2010 2:20 PM CST

Will Crime Lab Decision Fall? Sotomayor Sends ‘Mixed Signals’

Justice Antonin Scalia had a rhetorical question during oral arguments yesterday in a case that asks when lab analysts must testify to satisfy a June confrontation clause ruling called Melendez-Diaz v. Massachusetts. Scalia had written the majority opinion in Melendez-Diaz, holding that crime lab evidence can’t be used at trial…

Jan 12, 2010 2:04 PM CST

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