ABA Journal

Sentencing/Post Conviction

4307 ABA Journal Sentencing/Post Conviction articles.

Murder conviction of Adnan Syed of ‘Serial’ podcast fame is reinstated because of notice issue

Adnan Syed's February 2000 conviction for the murder of his ex-girlfriend has been reinstated because the victim's brother got insufficient notice of a hearing last year in which a judge vacated the conviction.

Prosecution of environmental lawyer Steven Donziger broke ‘basic constitutional promise,’ 2 SCOTUS justices say

Two conservative justices are raising concerns about judge-appointed prosecutors in a dissent from the U.S. Supreme Court’s refusal to hear the case of disbarred environmental lawyer Steven Donziger.

Lawyer trying to collect cash for defrauded investors hospitalized after beating; brother of target charged

A Philadelphia lawyer was beaten with a metal object—possibly a flashlight—after leaving his law firm following a virtual court hearing Feb. 28, sending him to the hospital where he received seven staples to his skull.

ABA task force issues 14 guiding principles to improve plea bargaining system

An ABA task force that spent three years examining problems in plea bargaining has released recommendations that judges, lawyers, lawmakers and other stakeholders can follow to create a fairer, more transparent process.

Man who spent 28 years in prison is exonerated with help of pro bono lawyers

A 2021 Missouri law that allows prosecutors to ask courts to set aside wrongful convictions has resulted in the exoneration of a man who spent 28 years in prison for murder.

Former BigLaw partner is sentenced to 2 years in prison for cyberstalking former colleagues

Fired K&L Gates partner Willie Dennis was sentenced Friday to two years in prison following his federal conviction in Manhattan, New York City, for cyberstalking three former colleagues.

Lawyer for Black man on trial for murder referenced ‘justifiable lynching’ in trial note, petition says

Updated: Racism pervaded the Texas murder trial of a Black man to such an extent that one of his lawyers appeared to suggest that he deserved to be lynched, according to a Jan. 30 habeas petition.

Federal sentence includes law school, and attorneys wonder why

Based on federal sentencing guidelines, people found guilty of trafficking large amounts of cocaine usually face lengthy sentences. However, a Texas defendant received what many say is an unusual punishment: five days in prison with credit for time served and direction from the judge to complete her JD.

Judge orders defendant to tell truth on social media after she blamed victim for car crash

A judge has ordered a North Carolina woman to correct the record and take responsibility online for a car crash that killed the other driver.

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.

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