ABA Journal

Sentencing/Post Conviction

4197 ABA Journal Sentencing/Post Conviction articles.

Texas death row inmate should get new trial because of judge’s anti-Semitic views, new judge says

A Dallas judge is recommending a new trial for a Jewish death row inmate after finding the judge who presided over his trial used offensive terms to describe Jewish people and the inmate in particular.

California’s ban on private prisons unconstitutionally interferes with immigration enforcement, 9th Circuit rules

A federal appeals court has ruled that a ban on private prisons in California unconstitutionally restricts the federal government’s authority to operate private detention facilities in the state.

Disbarred lawyer who fought Chevron gets prison time for disobeying court orders

Disbarred environmental lawyer Steven Donziger was sentenced to six months in prison Friday for refusing to surrender his electronic devices and disobeying other court orders in a suit against him by the Chevron Corp.

Weekly Briefs: Britney Spears’ father suspended as conservator; would-be Reagan assassin will be freed of limits

Britney Spears’ father is suspended as conservator

Judge Brenda Penny of Los Angeles on Wednesday suspended Britney Spears’ father, Jamie Spears, from his position as conservator for the pop…

Prosecutors are working towards the release of the longest-serving inmates

Historically, most prosecutors haven’t felt responsible for examining cases closed by their predecessors to determine whether everyone’s punishments fit their crimes. The prosecutors in these offices, however, are pushing their field to adopt changes to address mass incarceration and sentencing disparities in the criminal justice system.

Once-incarcerated lawyer poet is among winners of MacArthur ‘genius grants’

A lawyer and poet once imprisoned for a carjacking committed at age 16 is among 25 people who won the MacArthur Foundation fellowships, commonly known as "genius grants."

Singer R. Kelly is found guilty of racketeering and sex trafficking

Jurors in Brooklyn, New York, have found singer R. Kelly guilty of all nine counts of racketeering and sex trafficking following a six-week trial in which witnesses testified about an abusive scheme to exploit women and underage girls for sex.

Top Texas court tosses capital conviction because prosecutor was also clerking for the judge

The Texas Court of Criminal Appeals has granted a new trial to a death row inmate because one of the prosecutors was also clerking for the judge who oversaw the trial and considered the convicted man’s habeas application.

Cops’ use of pole camera to surveil partly fenced property was unconstitutional, state supreme court rules

Police officers in Colorado Springs, Colorado, violated the Fourth Amendment rights of a drug suspect when they erected a pole camera to record video of his partly fenced property for three months without obtaining a warrant, the Colorado Supreme Court has ruled.

Law school clinic wins reversal of 1993 conviction based on prosecutor’s remarks about ‘trickster lovers’

A prosecutor’s closing argument about sadomasochistic “trickster lovers” made a 1993 sexual assault trial so fundamentally unfair that the conviction should be reversed, a federal appeals court has ruled.

SCOTUS stays execution, agrees to hear request for pastor’s hands-on, out-loud prayer in death chamber

The U.S. Supreme Court on Wednesday evening agreed to consider a Texas inmate’s request to have a Baptist pastor lay hands on him and pray out loud during his execution.

Minnesota lifer may be first woman to take proctored LSAT in prison

A Minnesota inmate sentenced to life in prison without parole may be the first woman to take a proctored Law School Admission Test while incarcerated.

Ineffective counsel at two levels entitles death row inmate to new sentencing, 4th Circuit says

A federal appeals court has ruled that a death row inmate in South Carolina is entitled to a new sentencing hearing because of failures by his trial counsel and appellate counsel.

Dissenting judge says 9th Circuit took habeas dysfunction to new level with ‘hypothetical dicta’

A federal circuit judge’s acidic dissent last week used cookies and lemonade analogies to make a point about a binding dicta rule and its potentials for misuse.

En banc 2nd Circuit upholds pat-down search; five judges call for reevaluation of traffic-stop precedent

An en banc federal appeals court has upheld the pat-down search of a man during a traffic stop in a case that drew amicus briefs from several organizations that argued…

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