Sentencing/Post Conviction

Virginia governor formally pardons ‘Norfolk Four’ wrongly convicted in 1997 rape and murder case

The so-called “Norfolk Four” Navy veterans convicted of rape and murder after being coerced into false confessions were formally pardoned Tuesday by Virginia Gov. Terry McAuliffe, the Washington Post and the Associated Press report. The men served years in prison for the 1997 rape and murder of 18-year-old Michelle Moore-Bosko,…

Mar 22, 2017 3:30 PM CDT

Sentencing date is set for lawyer in alleged short-sale scheme

Sentencing is set for April 28 for a New York lawyer accused in an alleged short-sale scheme in which homes were sold to new owners without paying off existing mortgages. The lawyer, Helene Stetch, pleaded guilty Jan. 9 to criminal possession of stolen property, according to Meris Campbell, a spokesperson…

Mar 17, 2017 4:25 PM CDT

Harvard law grad is sentenced in kidnapping once believed to be a hoax

A Harvard law grad and former lawyer was sentenced to 40 years in prison on Thursday for a 2015 kidnapping of a California woman. Matthew Muller, 39, spoke briefly to the court, report the Sacramento Bee and the Los Angeles Times. “I’m still sick with shame that my actions have…

Mar 17, 2017 10:16 AM CDT

Death row inmate with vascular dementia is incompetent for execution, 11th Circuit rules

A death row inmate who has vascular dementia and no memory of committing a murder is incompetent for execution, a federal appeals court has ruled. The Atlanta-based 11th U.S. Circuit Court of Appeals ruled on Wednesday in the case of 66-year-old Vernon Madison, report the Montgomery Advertiser and AL.com. Madison…

Mar 17, 2017 7:00 AM CDT

Sentencing set for former client found guilty in lawyer’s murder

A former client will be sentenced on May 23 in the fatal shooting of the Illinois lawyer who had been appointed to represent him on a burglary charge. The former client, Richard Wanke of Rockford, was found guilty of murder last week, report the Rockford Advocate and the Rockford Register…

Mar 15, 2017 12:23 PM CDT

Virginia court’s no-jail policy for marijuana possession could have consequences for immigrants

When the Arlington General District Court in Virginia this month adopted a policy of no jail time for possession of small amounts of marijuana, it was a progressive step that streamlines the criminal justice system. But it also rubbed up against tough immigration laws enacted years ago: No threat of…

Mar 13, 2017 1:45 PM CDT

Chemerinsky: Why the Supreme Court’s ruling on race-based evidence matters

The U.S. Supreme Court’s decision Feb. 22 in Buck v. Davis is important for the criminal justice system on many levels. The court clarified the standard for federal courts of appeals when considering whether to allow appeals from the denial of habeas corpus petitions. Also, the court found ineffective assistance…

Mar 2, 2017 8:30 AM CST

Charlton Heston’s criticism of judge plays a part in 3rd Circuit decision

A defense lawyer in a murder case provided ineffective assistance of counsel for failing to seek the recusal of a judge who called an unusual in-chambers conference to inquire whether the victim’s family was happy with her, a federal appeals court has held. The Philadelphia-based 3rd U.S. Circuit Court of…

Mar 1, 2017 1:23 PM CST

The Brain Defense: Vets with head trauma, stress find mercy in court

Lawyer Brock Hunter, at left, has developed a specialty in representing veterans charged with crimes outside the military justice system. He and his colleagues in this area offer a version of the brain defense, an approach that considers the possible influence of post-traumatic stress disorder, depression and traumatic brain injury caused by their military experience on their clients’ criminal behavior.

Mar 1, 2017 11:20 AM CST

Mystery and thriller writers tell the stories of the wrongfully convicted in new book

They’ve confessed to murders they didn’t commit, were mistakenly identified by unreliable witnesses, and have been convicted on phony evidence and false testimony. Many endured decades in prison before the truth would set them free.Every one of the wrongfully convicted has a compelling story, and a group of top-notch mystery and thriller writers was recruited to help tell some of those tales in a new book, Anatomy of Innocence: Testimonies of the Wrongfully Convicted.

Mar 1, 2017 4:30 AM CST

Risk-assessment algorithms challenged in bail, sentencing and parole decisions

With increased adoption of algorithmic sentencing tools, defense attorneys raise due process concerns, policymakers struggle to provide meaningful oversight, and data scientists grapple with ethical questions regarding fairness and accuracy.

Mar 1, 2017 1:30 AM CST

Supreme Court justices appear skeptical of law barring sex offenders from social media

Several U.S. Supreme Court justices on Monday appeared to side with a North Carolina man who was convicted for violating a ban on social media use by registered sex offenders. Several justices raised questions during the oral arguments (PDF) about the law’s impact on First Amendment rights, report the New…

Feb 28, 2017 11:22 AM CST

California State Bar investigating former Los Angeles city attorney

Updated: The State Bar of California has filed discipline charges against former Los Angeles City Attorney Carmen Trutanich, the Los Angeles Times reported. The charges stem from a death penalty case Trutanich handled in 1985, well before he was elected city attorney in 2009, the State Bar of California said…

Feb 23, 2017 5:55 PM CST

Supreme Court rules for inmate whose expert said race could predict violence

The U.S. Supreme Court on Wednesday ruled 6-2 on behalf of a death-row inmate whose own expert witness testified he is statistically more likely to be dangerous in the future because he is black.

Feb 22, 2017 9:26 AM CST

Exoneree makes his first appearance in court as a defense lawyer

Ten years to the month after Jarrett Adams was released from prison for a rape he didn’t commit, the newly minted lawyer was in court this week representing another prisoner in similar straits. Adams was featured in the ABA Journal along with two other exonorees who went to law school…

Feb 17, 2017 4:00 PM CST