Sentencing/Post Conviction

Fairness is an issue in clearing low-level marijuana convictions

In 2012, only two states, Washington and Colorado, allowed the recreational use of marijuana for adults. Just eight years later, marijuana laws are flying high: Eleven states have legalized recreational pot, and 33 states allow cannabis for medical use. But as legalization speeds ahead at a breathtaking pace, states are…

Apr 1, 2020 2:10 AM CDT

COVID-19 stimulus bill includes more than $1B for criminal justice needs

Updated: The $2 trillion COVID-19 stimulus bill passed by the Senate on Wednesday includes more than $1 billion for criminal justice needs, including protective gear for prisons and teleconferencing equipment for the federal judiciary.

Mar 26, 2020 11:43 AM CDT

Amid novel coronavirus fears, juvenile lockups are cutting visits

Ophelia Davis, of Columbia, South Carolina, says she doesn't know if she'll see her grandson again. That's not just because she's in the demographic most vulnerable to the coronavirus—she's 67, has an autoimmune disease and is currently struggling with a cough that she thinks is just the pollen. It's also that her grandson is in juvenile detention, and as has been happening across the country, the jail where he's confined has indefinitely ended all visits between families and their children.

Mar 25, 2020 9:50 AM CDT

Why the prison population is so vulnerable to COVID-19

As coronavirus spreads through Florida, Jack McFarland is urging officials at Madison Correctional Facility to prepare a separate dorm for himself and other older prisoners. At 64, McFarland has spent the last 28 years in prison, and his age puts him at a higher risk of serious complications should he become infected.

Mar 24, 2020 3:25 PM CDT

Traditional insanity defense isn’t constitutionally required, SCOTUS rules

The U.S. Supreme Court ruled on Monday that the due process clause doesn’t require states to offer a traditional insanity defense based on a defendant’s inability to distinguish right from wrong.

Mar 23, 2020 11:45 AM CDT

New Jersey Supreme Court orders release of county jail inmates, with some exceptions allowed

The New Jersey Supreme Court on Sunday evening ordered the temporary release of inmates in county jails in response to the COVID-19 crisis.

Mar 23, 2020 11:20 AM CDT

How can prisons contain coronavirus when Purell is a contraband?

When Lauren Johnson reached for a squirt of hand sanitizer on her way out of the doctor’s office, she regretted it immediately. In the Central Texas prison where she was housed, alcohol-based hand sanitizer was against the rules—and the on-duty officer was quick to let her know it. “He screamed…

Mar 13, 2020 1:10 PM CDT

ABC’s ‘For Life’ reminds us of a life sentence’s severity

When I see a new “legal drama” on one of the “Big Three” television networks, the cynic in me comes out in full force. There are so many aspects of practicing law that can’t translate to the screen. The practice of law is often gritty. It’s full of flawed individuals…

Mar 12, 2020 12:35 PM CDT

Afternoon Briefs: Harvey Weinstein gets 23 years; Sen. Rand Paul keeps $582K verdict in neighbor assault suit

Harvey Weinstein gets 23-year prison sentence Former film producer Harvey Weinstein, 67, was sentenced Wednesday to 23 years in prison for sexually assaulting two women. The minimum sentence was five years. Weinstein told the court that he thought the relationships were consensual, and he was “totally confused.” Weinstein faces additional…

Mar 11, 2020 4:35 PM CDT

Afternoon Briefs: Supreme Court to hear juvenile sentencing case; Led Zeppelin wins ‘Stairway’ fight

Supreme Court takes another case over juvenile life-without-parole sentences The Supreme Court agreed on Monday to determine if the Eighth Amendment’s ban on cruel and unusual punishment requires the court to find a juvenile “permanently incorrigible” before giving him or her the sentence of life in prison without parole. Brett…

Mar 9, 2020 5:05 PM CDT

Convicted murderer eligible for parole after judge misapplies state law, court says

The Arizona Supreme Court said on Thursday a man sentenced to prison for life will be eligible for parole, despite a state law that eliminated the privilege in 1993.

Mar 6, 2020 12:29 PM CST

Afternoon Briefs: DC Circuit blocks McGahn testimony; lawyer utters word rarely used at SCOTUS

DC Circuit tosses suit for McGahn congressional testimony A federal appeals court has tossed a lawsuit seeking to compel congressional testimony from former White House counsel Don McGahn. The U.S. Court of Appeals for the District of Columbia Circuit said the House Judiciary Committee was asking the court to settle…

Feb 28, 2020 4:43 PM CST

Murder conviction tossed after prosecutor conducts background check on only black juror

A New Jersey appeals court has overturned a murder conviction after the prosecutor conducted a criminal background check on the only black person among the potential jurors, resulting in an arrest.

Feb 26, 2020 3:51 PM CST

Afternoon Briefs: Sotomayor sees ‘pall of uncertainty’ in capital case; judge backs park proselytizing

Death-row inmate’s conviction has ‘pall of uncertainty,’ Sotomayor says Justice Sonia Sotomayor expressed concern on Monday about a “pall of uncertainty” over the conviction of Texas death-row inmate Rodney Reed. The U.S. Supreme Court refused to hear Reed’s appeal, spurring Sotomayor’s statement in which she noted Texas courts are considering…

Feb 24, 2020 4:55 PM CST

Roger Stone gets 40-month sentence after Justice Department clashed with prosecution team

A federal judge sentenced Roger Stone to 40 months in prison Thursday, less than the seven-to-nine-year sentence initially recommended by prosecutors.

Feb 20, 2020 12:46 PM CST