Sentencing/Post Conviction

Court Crafts ‘Dangerous Quadriplegic’ Doctrine Despite ‘Pigs Fly’ Dissent

A California Court of Appeal majority has crafted what Legal Blog Watch is calling the “dangerous quadriplegic” doctrine, citing a 22-year-old newspaper article about a disabled man who allegedly shot his bride by using his mouth to pull a string tied to the trigger as justification for its refusal to…

Apr 7, 2010 11:39 PM CDT

Man Gets 8 Years for Liening Property of 3 Federal Judges

The already-imprisoned founder of a the Montana Freeman militia group has been sentenced to an additional eight years for liening the property of three federal judges after winning a default judgment from a “court” of his own creation. Daniel Petersen, now 67, is the first individual ever convicted under a…

Apr 7, 2010 7:08 PM CDT

As Attorney Went on Trust Account-Funded Spending Spree, Client Slept in Car, He Tells Judge

While she was still in practice, attorney Jessica Miller intended to repay the money she stole from clients, a prosecutor told a Florida judge at her sentencing hearing. But what he described as Miller’s plan to start an exotic animal sales business and borrow against her home to replace the…

Apr 6, 2010 11:52 PM CDT

PI Lawyer Pleads in $2.2M Client Theft, Will Get Between 3 and 9 Years

A New York personal injury lawyer has pleaded guilty in a $2.2 million client theft case and is expected to get between three and nine years. In addition to pleading guilty to grand larceny and scheming to defraud concerning the theft of client escrow and settlement funds, Marc Bernstein, 55,…

Apr 5, 2010 9:18 PM CDT

Roeder Gets Harshest Possible ‘Hard 50’ Life Term in Kansas Abortion Doc Murder

Updated: Facing a mandatory life sentence for the murder of a Kansas abortion doctor in a Wichita church, Scott Roeder got the harshest possible sentence today—life with the possibility of parole only after 50 years. Alternatively, Sedgwick County District Judge Warren Wilbert could have given Roeder a sentence allowing parole…

Apr 1, 2010 10:05 PM CDT

The Maricopa Courthouse War

An Arizona showdown over populist politics, abuse of power and pink boxer shorts

Apr 1, 2010 9:45 AM CDT

Pending Death Penalty Cases Weigh Against Maricopa County

In 2006, only his second year in office, Maricopa County Attorney Andrew Thomas increased the number of death penalty cases filed by 44 percent over the previous year. The move may have been popular with many Maricopa constituents, but the result has been a court system that is slower, more…

Apr 1, 2010 9:40 AM CDT

A Panel of Their Peers

Lawyers puzzle over civilian versus military juries

Apr 1, 2010 7:20 AM CDT

Supreme Court Says Lawyers Must Inform Clients of Deportation Risks

The U.S. Supreme Court has ruled that lawyers have a Sixth Amendment obligation to warn their clients when their guilty pleas can result in deportation. Justice John Paul Stevens wrote the majority opinion (PDF) finding that the lawyer for Jose Padilla should have advised him that a guilty plea to…

Mar 31, 2010 2:50 PM CDT

Kids-for-Cash Scandal Sparks Report Urging Sweeping Juvie Court Changes

A Pennsylvania judge appointed by the state supreme court to review cases in a troubled county in which senior judges allegedly took what amounted to kickbacks for jailing juveniles has issued a report recommending sweeping changes in the juvenile court system. Among them: Juvenile court hearings should be public, attorneys…

Mar 31, 2010 12:10 AM CDT

DOJ Backs Secrecy for Failed Pardon Requests

The Obama administration is apparently concerned about the agony of defeat for the 9,200 people whose pardon or commutation requests were denied by former President George W. Bush. The Department of Justice argues that the names should be kept secret in a brief (PDF) filed Friday with the U.S. Court…

Mar 30, 2010 10:59 AM CDT

PI Attorney Gets 21 Months for Mishandling Law Firm Retirement Accounts

A Georgia personal injury attorney initially accused of embezzling nearly $1 million from his law firm’s pension and retirement accounts was sentenced today to 21 months in federal prison after pleading guilty to one charge of obstruction in the 77-count indictment he originally faced. Benjamin Eichholz, 59, also was ordered…

Mar 29, 2010 8:44 PM CDT

Hacker Gets Record 20-Year Prison Term in $200M Credit- and Debit-Card Data Theft

Updated: A 28-year-old computer mastermind who last year pleaded guilty in a case involving the theft of millions of credit and debit card numbers from retailers and a major credit card processor was sentenced to a 20-year prison term today by a federal court in Boston, reports the Threat Level…

Mar 25, 2010 7:12 PM CDT

Up in Smoke? Scalia Disputes Law Prof’s Pollution Analogy in Capital Appeal

The co-director of Stanford Law School’s Supreme Court litigation clinic used a smoke analogy to make a point Wednesday about a death row inmate’s right to appeal after a second sentencing, but the issue was more cloudy for Justice Antonin Scalia. Stanford’s Jeffrey Fisher argued that a death penalty appeal…

Mar 25, 2010 4:52 PM CDT

Federal Judge Green-Lights Suit Over Inmate’s 27-Year Solitary Confinement

A federal judge has given the green light to litigation being pursued by University of Denver law students on behalf of an inmate held in solitary confinement since 1983. District Judge Philip Brimmer this week rejected a motion by the U.S. Bureau of Prisons to dismiss inmate Tommy Silverstein’s constitutional…

Mar 25, 2010 4:34 PM CDT