Sentencing/Post Conviction

Child-porn mandatory sentence is ‘unjust’ for youth, US judge says in response to 2nd Circuit

A federal judge in New York is letting a federal appeals court know what he thinks of its decision to reverse his below-minimum sentence for a child pornography defendant who is 19 years old. Senior U.S. District Judge Jack Weinstein included his thoughts in an order requiring resentencing. “The effect…

Sep 27, 2013 4:22 PM CDT

Fla. woman serving 20-year prison sentence for ‘warning shot’ gets new trial

A Florida woman serving a 20-year prison sentence for firing what she said was a warning shot at her abusive husband has been awarded a new trial. A state appeals court ruled Thursday that the instructions on self-defense that were given to the jury that convicted Marissa Alexander were erroneous,…

Sep 26, 2013 9:59 PM CDT

Court officials collected ‘unauthorized’ court costs from defendants, suit says

A court in one Georgia county have been accused of illegally collecting unauthorized court costs from hundreds of defendants. A lawsuit filed Tuesday in federal court in Albany alleges that Grady County State Court officials have collected nearly $300,000 in the past two years from more than 500 criminal defendants,…

Sep 26, 2013 8:15 PM CDT

Army evaluating Chelsea Manning for gender dysphoria, says her lawyer

A military prison is assessing Chelsea Manning, formerly known as Bradley Manning, for gender dysphoria, says her lawyer. David Coombs, a civilian attorney, made the statement Wednesday, the Associated Press reports. The U.S. Army soldier disclosed being transgender shortly after a July espionage conviction, which resulted in a 35-year sentence.…

Sep 26, 2013 7:41 PM CDT

Client fumes at prosecutor’s shot at his lawyer, calls it a ‘below-the-belt dirty trick’

A lawyer who has been representing two defendants as they await resentencing in a high-profile investment fraud case is in an apparent “intimate, romantic relationship” with one of them, the prosecution said Friday in a letter to a federal judge in Manhattan protesting what it described as a conflict of…

Sep 25, 2013 4:50 PM CDT

‘Hiccup Girl’ convicted in felony murder case, gets life term

A young woman in Florida who became well-known in 2007 because she had unstoppable hiccups is now facing a much bigger problem. Convicted on Friday of felony murder in the 2010 slaying of a man she apparently met on a social networking site and set up to meet two male…

Sep 23, 2013 7:30 PM CDT

Once-prominent lawyer gets life term in federal racketeering and witness-murder conspiracy case

Criminal defense attorney Paul Bergrin beat the rap in his first trial on some of the counts he faced in an unusual criminal case in which he was charged with operating his New Jersey law firm as a racketeering enterprise. It concluded two years ago with a hung jury. But…

Sep 23, 2013 3:50 PM CDT

Suspended Texas judge accused of misusing powers against lawyers takes misdemeanor plea and resigns

A suspended Texas judge who has been serving a 45-day contempt term for violating a gag order has taken a plea in a criminal case related to his alleged abuse of his powers against lawyers who appeared before him. Courthouse News reports that Galveston County Court at Law Judge Christopher…

Sep 20, 2013 4:25 PM CDT

Now-convicted burglar left rap sheet at crime scene, authorities say

For some reason, Andre Antonio Henry was carrying a two-page copy of theft charges filed against him in Washington, D.C., when police say he committed an office burglary in the metropolitan area. The document, which contained his full name, apparently fell out of his pocket at the Office of the…

Sep 19, 2013 4:40 PM CDT

Tom DeLay’s money laundering conviction overturned; court says evidence was insufficient

A Texas appeals court has overturned the money laundering conviction of former U.S. House Majority Leader Tom DeLay and entered a judgment of acquittal. In a 2-1 ruling, the 3rd District Court of Appeals said the evidence was legally insufficient to support the charges of money laundering and conspiracy to…

Sep 19, 2013 4:18 PM CDT

ABA report urges Texas death penalty reform, says ‘future dangerousness’ factor should be nixed

The ABA’s Death Penalty Review Project has issued the last of 12 reports that assess the death penalty in states that account for more than 65 percent of the nation’s executions. The last report, released Wednesday, evaluates the death penalty system in Texas, according to a press release. The review…

Sep 19, 2013 11:10 AM CDT

Judge nixed new lawyer, so robbery suspect gets new trial

A convicted robbery suspect has been granted a new trial because of the way a Pennsylvania judge handled his request for a new attorney. Nelson Alvarado-Lenhart, 35, had asked in December 2011 that his court-appointed defense attorney be replaced, explaining that he was not satisfied with the way the lawyer…

Sep 18, 2013 5:35 PM CDT

Judge cites ‘grotesque prosecutorial misconduct,’ reverses cop convictions in Danziger Bridge case

Citing “grotesque prosecutorial misconduct,” including anonymous comments posted on the Internet by lawyers in then-U.S. Attorney Jim Letten’s office and a Justice Department prosecutor, a federal judge has reversed the convictions of five former New Orleans police officers in a civil rights case over shooting deaths and injuries to unarmed…

Sep 17, 2013 8:55 PM CDT

Prior to conviction in Fort Hood massacre, Nidal Hasan gave nearly $300K away to charity

Corrected: Convicted last month of 13 counts of murder in the 2009 shooting massacre at Fort Hood, while serving as a major in the U.S. Army, defendant Nidal Hasan is now battling a civil suit along with the government. But his military take-home pay of some $7,000 a month, which…

Sep 17, 2013 4:14 PM CDT

Man who slashed lawyer’s face at attempt-murder trial gets 64 years to life, plus 35 years

A defendant in a California attempted murder case who reportedly slashed his lawyer in the face with a razor blade in front of the jury and a visiting group of high school students last year during trial is set to spend decades in prison. Eduardo Macias, 33, had to represent…

Sep 16, 2013 10:50 PM CDT