Sentencing/Post Conviction

Teen Son Gets Life in Murder of His Dad, a Md. Lawyer, Mom & 2 Brothers

The teenage son of a Maryland lawyer has been sentenced to life for murdering his father, mother and two younger brothers last year. Nicholas Browning, now 16, was 15 at the time of the crime and, a psychiatrist testified in July, in a “trancelike state” as he shot his family…

Jan 26, 2009 7:38 PM CST

Supreme Court Allows Frisk of Passenger Believed to be Carrying Gun

A police officer who has a reasonable suspicion that a car passenger is armed and dangerous may conduct a pat-down search without violating the Fourth Amendment, the U.S. Supreme Court has ruled. Writing for a unanimous court, Justice Ruth Bader Ginsburg said police officers involved in lawful traffic stops need…

Jan 26, 2009 4:48 PM CST

Ex-Prosecutor Punished Enough; No Jail for 2nd DUI, Fla. Judge Decides

A former Florida prosecutor known for her aggressive pursuit of drunk-driving cases has apparently gotten a sentencing break in her own driving under the influence case. Lydia Wardell, 41, got a year of probation but no jail time at her sentencing this week after putting her fate in the hands…

Jan 23, 2009 7:15 PM CST

Insurer Drops Smoke = ‘Pollution’ Claim in $25M Fatal Office Fire Litigation

An insurance company fighting to avoid paying a claim in a fatal Houston 2007 office fire that could involve damages of $25 million is reportedly dropping its effort to apply the pollution exclusion in its policy for the property to the smoke, fumes and soot that killed three people. But…

Jan 22, 2009 5:29 PM CST

Lecture to Black At-Home Dad Requires New Sentence; Irked Ex-Judge Says More

Although an irritated Wisconsin judge apparently didn’t intend his lecture to an African-American stay-at-home dad to reflect any racial bias, phrases such as “baby mama” and “you guys” require that the convicted cocaine dealer be resentenced, a state appellate court has ruled in a 2-1 decision. The decision today further…

Jan 21, 2009 9:49 PM CST

High Court Allows Judges to Cut Crack Sentences Due to Policy Disagreement

The U.S. Supreme Court has ruled that federal judges may depart from federal sentencing guidelines for crack cocaine simply because they disagree with the harsh sentencing policy. The 5-4 unsigned summary decision in Spears v. United States clarified a 2007 ruling allowing sentencing departures in crack cocaine cases, SCOTUSblog reports.…

Jan 21, 2009 5:08 PM CST

Polanski Wins Calif. Appellate Review of Bias Claim re Child-Rape Case

A California appeals court has agreed to hear a claim by fugitive film director Roman Polanski that the criminal system has been biased in its handling of a decades-old child-rape case against him. Staying a planned Wednesday hearing in Los Angeles Superior Court, the 2nd District Court of Appeals has…

Jan 21, 2009 1:05 AM CST

Investors in $32.6M Ponzi Scheme Win Only Camaraderie; Bank Not Liable

As in Bernard Madoff’s alleged $50 billion Ponzi scheme, Bradford Bleidt stole $32.6 million by persuading those with social ties to give him money to “invest.” In Bleidt’s case, his victims were fellow Masons in the Boston area who typically had saved money for years while working at blue-collar jobs.…

Jan 20, 2009 7:19 PM CST

Law Firm Insurer Will Pay $6.2M to Settle Document Prep Suit

An insurance company for a Nevada law firm has agreed to pay $6.2 million to settle litigation claiming that by preparing financial documents, attorney David Garcia and his law firm helped an Oregon-based real estate company bilk investors of some $18 million. Although a lawyer for Hale Lane Peek Dennison…

Jan 20, 2009 6:36 PM CST

NY Lawyer Fined $10K for Not Filing State Tax Returns

A New York real estate lawyer who reportedly didn’t file personal state income tax returns between 2001 and 2006 has been fined $10,000 after pleading guilty to a misdemeanor tax charge. Roger Roisman also paid $189,000 in back taxes and interest, reports the North Country Gazette. The article says the…

Jan 16, 2009 7:59 PM CST

Brain’s Emotional and Analytical Centers Active in Judging Crime

Researchers have found in an initial experiment that the brain’s analytical and emotional centers are both active in volunteers asked to determine criminal punishment. The research is part of a three-year research program overseen by retired U.S. Supreme Court Justice Sandra Day O’Connor, the Wall Street Journal reports. The study…

Jan 16, 2009 3:07 PM CST

Halverson’s Husband Gets 3 to 10, Claims Frying Pan Used in Self-Defense

The husband of embattled former Nevada judge Elizabeth Halverson was sentenced yesterday for three to 10 years for beating her with a cast-iron frying pan in September at their Las Vegas home. Under an agreement in which the government dropped an attempted murder charge, Edward Halverson, 49, took an Alford…

Jan 15, 2009 9:48 PM CST

Ex-FBI Agent Sentenced to 40 Years in ‘82 Murder, But May Win On Appeal

A former FBI agent was sentenced today to 40 years in prison after being convicted last year of second-degree murder for telling gangsters about an agency tipster who was subsequently slain in South Florida by a hit man. However, there is a good chance that 68-year-old John Connolly Jr. will…

Jan 15, 2009 9:03 PM CST

Justices Told Case Could Produce ‘Chaos of Constitutional Proportions’

A lawyer for the state of Vermont told the U.S. Supreme Court on Tuesday that a ruling for the defendant in a case on speedy trial rights could lead to “chaos of constitutional proportions.” Christina Rainville, chief deputy state’s attorney for Vermont, told the justices the case had implications that…

Jan 14, 2009 4:28 PM CST

In Unusual Civil Suit, City of Los Angeles Wins $5M from Local Street Gang

In what city leaders describe as a first-of-its-kind judgment under a new state law that permits civil lawsuits to seek damages concerning claimed gang activities, Los Angeles has been awarded $5 million in a suit against a local street gang. “Once the money is collected from 11 of the gang’s…

Jan 14, 2009 12:38 AM CST