Sentencing/Post Conviction

Lindsay Lohan Pleads No Contest in Necklace-Theft Case, Gets No Additional Time

Actress Lindsay Lohan today pleaded no contest in Los Angeles Superior Court in a much-publicized necklace-theft case. Although she got 120 days in jail for violation of her probation on an earlier driving-under-the-influence case, she was given no additional jail time for the theft, according to the L.A. Now blog…

May 11, 2011 6:33 PM CDT

Motion Seeks Ouster of Prosecutor for ‘Get What He Deserves’ Media Comment

Lawyers for an inmate whose death sentence was overturned due to misconduct by a Texas District Attorney’s office are seeking to oust one of the original prosecutors from a new sentencing hearing. Lawyers for Delma Banks Jr. say the entire Bowie County DA’s office should be tossed from the case,…

May 11, 2011 10:30 AM CDT

Should Judge Let Defense Atty Testify re Ex-Client’s Alleged Slay Admissions? Gov’t Says No Hearsay

A self-confessed Detroit hitman serving time for eight murders reportedly has claimed responsibility as well for four more slayings that another man has been convicted of committing. But, perhaps fearing that he could face further punishment, Vincent Smothers has declined to testify about the slayings. Instead, he has made the…

May 9, 2011 8:32 PM CDT

Judge Nixes Perjury Case Against Investigator Blamed for Wrongful Conviction; Defendant Got $10M

A Colorado judge has nixed seven perjury counts against a Fort Collins police investigator blamed for the wrongful 1999 murder conviction of Timothy Masters, finding that the state had brought the case too late. Agreeing with a defense argument that the statute of limitations had run on the charges against…

May 9, 2011 7:47 PM CDT

Sex Offender Arrested After Moving Out of Dumpster He Called Home

A homeless Albuquerque, N.M., man and registered sex offender has been arrested for moving out of the Dumpster he called home and into an abandoned building without notifying authorities. As a registered sex offender, Charles Mader is required to notify the Bernalillo County Sheriff’s Department of any change in his…

May 6, 2011 5:32 PM CDT

Murder Conviction Tossed Because Judge Advised Jurors Not to Be ‘Hardheads’

An Oklahoma appeals court has overturned a woman’s murder conviction because a judge advised jurors not to be “hardheads” and told them to reach a quick verdict. The Oklahoma Court of Criminal Appeals ruled on behalf of murder defendant Kassie Lakei Bills because of the remarks by Judge Ray Elliott…

May 6, 2011 1:50 PM CDT

Judge Ordered Recused After Her Comment About ‘Vile’ Defendant Gets Deleted

A Philadelphia judge admits she called a defendant “vile,” but it got deleted from the transcript because of her request for deletion of “nonjudicial” comments, according to a Pennsylvania Supreme Court opinion. Judge Renee Cardwell Hughes should have recused herself from the case of Daniel Dougherty, convicted in her courtroom…

May 6, 2011 12:07 PM CDT

Nurse Who Encouraged Suicides in Online Chats Sentenced to Less than a Year in Jail

A former nurse who encouraged two depressed people to kill themselves in online chats has been sentenced to 360 days in jail. Lawyers for former nurse William Melchert-Dinkel plan to appeal on free speech grounds, the Associated Press reports. He was convicted in March of two counts of aiding suicide…

May 5, 2011 6:38 PM CDT

Blindsided in Courtroom Attack, DA Fights Back, Sends Convicted Murderer to Hospital

An Oklahoma sentencing hearing Monday for a defendant who had just been convicted in a high-profile felony murder case played out like a scene from a Hollywood western, according to eyewitness accounts. Blindsided by Emanuel Mitchell, who came up from behind and punched him in the face as he was…

May 4, 2011 5:51 PM CDT

Louisiana Supreme Court to Consider Impact of Courthouse Confederate Flag in Murder Trial

The Louisiana Supreme Court will hear arguments on Monday in a death penalty appeal that targets a Confederate flag flying outside the courthouse in Caddo Parish. Lawyers for Felton Dorsey, a black man convicted of killing a white firefighter, will argue that the flag intimidates African Americans from serving on…

May 4, 2011 12:26 PM CDT

Did Lawyers Fail Convicted Murderer? Cert Weighed in Case of Nine Alibi Witnesses

Nine alibi witnesses say Richard Rosario was in Florida on the day of a Bronx murder, yet federal courts have refused to overturn his conviction. One appeals judge deemed the performance of Rosario’s lawyers to be “a colossal failure,” the New York Times reports. Rosario was convicted based only on…

May 3, 2011 4:23 PM CDT

Ex-Winston Partner Pleads in $19M Scheme; Gov’t Says He Sought Law Firm Status, Not Personal Gain

A former partner at Winston & Strawn pleaded guilty today to one count of conspiracy concerning a scheme to launder nearly $19 million through attorney escrow accounts under his control. Jonathan Bristol, 55, said he knew celebrity money manager Kenneth Starr had stolen the money from wealthy clients, the New…

May 2, 2011 7:06 PM CDT

Letters to the Editor: Income Tracks

Our March cover story, “What America’s Lawyers Earn,” generated a lot of buzz. Check out fellow readers’ analysis and anecdotes—and our expert Bill Henderson’s comments and clarifications about the data—and tell us what you think. THE BARRETT EMBARRASSMENT Thank you for “A Life in the Balance,” March, on the death…

May 1, 2011 9:30 AM CDT

North Carolina’s Death Row Inmates Let Statistics Back Up Bias Claims

In North Carolina, statistics don’t just tell a story; they can let a death row inmate challenge his conviction. A 2009 state statute allows death row inmates to claim that racial bias unduly influenced the outcome of their trials. The Racial Justice Act specifically allows defendants to use statistics to support their claims. There are more than 150 death row inmates seeking relief under the law.

May 1, 2011 8:00 AM CDT

Couple Plead Guilty in 1991 Kidnap of Jaycee Dugard, 11, Held Captive for 18 Years at Home

A husband and wife pleaded guilty today in a California court concerning the 1991 abduction of 11-year-old Jaycee Lee Dugard, who was allegedly held captive at their home for 18 years before finally escaping. Phillip Garrido pleaded guilty to kidnapping and 13 counts of sexual assault. Nancy Garrido pleaded guilty…

Apr 28, 2011 6:49 PM CDT