ABA Journal

Sentencing/Post Conviction

4298 ABA Journal Sentencing/Post Conviction articles.

Judicial discretion should be upheld in case involving sentencing standards, ABA says in amicus brief

The ABA has filed an amicus brief with the U.S. Supreme Court to support the argument that federal criminal statutes do not require a New York defendant who was convicted for his role in a murder related to drug trafficking to be sentenced to mandatory consecutive sentences.

More than a quarter of Louisiana prisoners have been held past their release dates since 2012, DOJ says

There is reasonable cause to think that Louisiana is violating the constitutional rights of imprisoned people by keeping them in custody past their release dates, the U.S. Department of Justice has concluded.

Ex-Pryor Cashman associate with 3 foster children gets prison time in Molotov cocktail attack

A former associate at Pryor Cashman was sentenced Thursday to a year in prison for helping a friend who tossed a Molotov cocktail into a vacant police car during 2020 protests in New York.

Weekly Briefs: Judge slashes $24M award for Unite the Right victims; judge accused of offering sex for early trial

Judge slashes $24M punitive award in Unite the Right trial

U.S. District Judge Norman K. Moon of the Western District of Virginia has slashed an award of $24 million in…

Ex-con resigns as law clerk at Michigan Supreme Court following criticism

A former inmate convicted for robbing a store and shooting at a police officer has resigned his new job as a law clerk for a Michigan Supreme Court justice.

Prisoner who can’t show ‘factual innocence’ isn’t entitled to habeas relief, 5th Circuit says

A Mississippi inmate’s habeas appeal is doomed because of U.S. Supreme Court decisions remarking that federal courts have discretion to deny relief as “law and justice require,” a federal appeals court ruled last month.

Unanimous jury requirement applies to older criminal cases, top state court rules

The Oregon Supreme Court recently ruled that the constitutional requirement for unanimous juries in serious criminal cases applies to older verdicts challenged in state post-conviction proceedings.

Relax with our favorite long reads of 2022

Feel like curling up next to the fireplace with a good read? ABA Journal Managing Editor Kevin Davis has curated a selection of our favorite feature stories that ran in the magazine and online in 2022.

Weekly Briefs: Same-sex marriage bill sent to Biden; lawyer pleads guilty after swinging belt caught on video

Bill protecting gay marriage is sent to Biden

The U.S. House of Representatives approved a marriage equality bill Thursday that requires states and the federal government to recognize same-sex…

Did CFO of Trump Organization act ‘in behalf of’ company? Fraud conviction appeal will focus on issue

The Trump Organization’s appeal of its tax fraud conviction will partly focus on whether the actions of the chief financial officer were made “in behalf of” the company, according to one of the defense lawyers.

Justice Jackson’s second SCOTUS opinion is also a dissent to court’s refusal in death-penalty case

Justice Ketanji Brown Jackson has issued a second U.S. Supreme Court opinion that, like the first, disagrees with the court’s refusal to get involved in a death-penalty case.

Lawyers are lighting up the budding cannabis industry

Justice Cannabis Co. is one of the biggest of the little guys in the rough-and-tumble, fast-paced and legally treacherous world of marijuana growing and selling.

Supreme Court considers reach of federal fraud law in 2 public corruption cases

Updated: The U.S. Supreme Court is considering two cases in which the defendants argue that federal fraud law doesn't cover alleged bid rigging and payments to a nongovernment official to get state business.

Lawyer’s testimony about client’s threat to ‘bust a cap’ in prosecutor warrants reversal, appeals court says

A trial court erred when it allowed a lawyer to testify about a client’s alleged threats against a prosecutor during two private conversations in the courthouse hallway, the District of Columbia Court of Appeals has ruled.

Ex-lawyer sentenced for Molotov cocktail toss; she’s ‘a remarkable person who did a terrible thing,’ judge says

A disbarred tenants lawyer was sentenced Friday to 15 months in prison for tossing a Molotov cocktail into an unoccupied police car during May 2020 racial justice demonstrations in New York.

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