Sentencing/Post Conviction

Lawyer who didn’t know about permissible expert-witness fee was ineffective, SCOTUS says

A lawyer who was unaware that Alabama no longer capped expert-witness fees at $500 provided constitutionally deficient representation to his client, the U.S. Supreme Court has found. In a summary disposition, the court sent the case of death-row inmate Anthony Ray Hinton back to a lower court to determine whether…

Feb 24, 2014 4:50 PM CST

Solitary confinement is associated with psychological ills and self-harm, studies find

Most countries have largely discontinued solitary confinement, but not the United States, where the number of inmates in solitary could fill MetLife Stadium, the site of the Super Bowl. Solitary confinement is increasingly routine in the United States, though scientists say it harms mental health and doesn’t help rehabilitation, the…

Feb 24, 2014 11:45 AM CST

Without involving counsel, NYC agrees to pay $6.4M to man who claimed he was framed by detective

Confronted with strong evidence that a man who served 23 years for a murder he did not commit had been framed by a rogue police detective, the comptroller for New York City agreed to pay a $6.4 million settlement. The settlement with David Ranta was made without involving the city’s…

Feb 20, 2014 10:59 PM CST

New York promises sweeping reform of solitary confinement rules to settle prison suit

In a Wednesday court filing approved the same day by a Manhattan federal district court judge, the state of New York has agreed to sweeping reform of its solitary confinement rules concerning prison infractions to settle a class action lawsuit brought by the New York Civil Liberties Union. Under the…

Feb 19, 2014 8:20 PM CST

Acquitted by jury in gun case, defendant is jailed by presiding judge for probation violation

Corrected: A jury in Illinois wasn’t convinced by the evidence against Andre Winters in a firearm-discharge case. But the presiding judge was, calling the main prosecution witness “incredibly credible.” That resulted in a revocation of probation for Winters, 28, in an earlier aggravated battery case, based on the same evidence…

Feb 19, 2014 4:30 PM CST

Attorney can testify in ineffective assistance case even if there’s no client waiver, judge rules

A criminal defense lawyer can testify in his former client’s appeal asserting ineffective assistance of counsel, even if the ex-client hasn’t waived attorney-client privilege, a Kansas judge ruled Under Kansas law, explained Shawnee County District Court Judge Nancy Parrish, no privilege applies in an ineffective assistance case, the Topeka Capital-Journal…

Feb 18, 2014 11:55 PM CST

Former New Orleans Mayor Ray Nagin thought he would be acquitted, his lawyer says

Former New Orleans Mayor Ray Nagin was shocked when jurors convicted him this week on 20 counts of corruption, his lawyer says. Defense lawyer Robert Jenkins described Nagin’s reaction and defended the decision for Nagin to testify in interviews with WDSU and the New Orleans Times-Picayune. Jenkins told WDSU he…

Feb 14, 2014 1:51 PM CST

Former bar president gets six years in $300M Web gambling case but says he expects to win on appeal

Still insisting that he is innocent and only provided legal advice to Allied Veterans of the World, a Florida lawyer who formerly served as president of the Jacksonville bar association was sentenced Wednesday to six years in state prison for his role in masterminding a $300 million Internet gambling operation.…

Feb 12, 2014 11:00 PM CST

Former district attorney gets 13 years in federal corruption case over his work as a prosecutor

Convicted last year on seven counts in a corruption case in which he was accused of running his Texas office as a racketeering enterprise, former Cameron County District Attorney Armando R. Villalobos was sentenced Tuesday to 13 years in federal prison. Villalobos was one of a number of lawyers involved…

Feb 11, 2014 10:50 PM CST

Lawyer jailed for 5 days over comment made at restaurant lunch wins appeal of contempt case

A Michigan lawyer who served five days in jail for comments he made during lunch at a Flint diner has won an appeal of his contempt conviction. A judge’s law clerk contended that longtime attorney F. Anthony Lubkin directed a comment including the word “guilty” at a jury in a…

Feb 10, 2014 4:20 PM CST

2 men poised for release in NYC murder case, but dozens more wrongful conviction claims await new DA

Two New York City men are poised for release at a Thursday court hearing, after serving over 20 years for murders they did not commit, defense lawyers say. But dozens, perhaps even hundreds, of murder cases in which defendants also say they were wrongfully convicted remain in the pipeline waiting…

Feb 6, 2014 5:10 PM CST

‘Affluenza’ teen on probation for fatal crash is sent to pricey rehab

In the latest development in a juvenile case that outraged a number of observers, a Texas judge on Wednesday ordered a teenager who drove drunk and caused a crash that killed four people and severely injured two others into a private locked rehab facility. State District Judge Jean Boyd said…

Feb 6, 2014 1:45 PM CST

ABA urges SCOTUS review in case of capital defendant whose lawyer missed habeas deadline

The American Bar Association has filed an amicus brief urging the U.S. Supreme Court to grant cert in the case of a Florida death-row inmate whose lawyer failed to file habeas petition within the one-year deadline. The ABA is urging review in the case of Paul Howell, convicted of making…

Feb 6, 2014 12:00 PM CST

Wintry weather led to arrest of woman for 1977 prison escape

A 60-year-old prison escapee was arrested Monday in California because of wintry weather in Michigan. Lt. Charles Levens of the Michigan Department of Corrections normally is out looking for parole violators, but stayed in the office when roads got icy recently. He took a look at some old files there…

Feb 5, 2014 11:30 PM CST

Feds oppose former state supreme court judge’s effort to win early release from ‘Camp Cupcake’

The feds are opposing a retired Michigan Supreme Court justice’s bid for early release from her one-year sentence for bank fraud. Prosecutors say Diane Hathaway hasn’t met legal requirements for re-sentencing, which call for a showing of clear error or illegality, the Detroit News reports. However, Hathaway, 59, points to…

Feb 4, 2014 9:45 PM CST