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Criminal Law

Crime and Consequences

Criminal law issues from the perspective of victims of crime and the law-abiding public.
By Kent Scheidegger et al.

Post Frequency: 1.8/day

Last Entry: November 25, 2008 at 18:31:33

Neuropsychology in New Hampshire

Posted on May 21, 2008
The Supreme Court of New Hampshire issued an opinion in the case of Baxter v. Temple (#2007-102) yesterday involving the admissibility of the Boston Process Approach (BPA) of neuropsychological assessment. In brief, the BPA is a widely used assessment approach...

Blog Scan

Posted on May 20, 2008
Death Penalty Appeal to the Supreme Court: Lyle Denniston at SCOTUSblog posted on Earl Wesley Berry's recent petitions to the U.S. Supreme Court. Berry had petitioned the U.S. Supreme Court for a stay of execution back in April, our posts...

Possible Settlement of Cal. Prison Case

Posted on May 20, 2008
A tentative settlement has been reached in the California prison overcrowding case. The deal would avoid early releases by reducing the population over time through fewer returns for parole violations. Michael Rothfeld has this story in the LA Times. Fewer...

Blog Scan

Posted on May 19, 2008
More on McCain's Judicial Policy: Dan Slater at Wall Street Journal's Law Blog has this his post discussing Jeffrey Toobin's article in this week's New Yorker. Many of you may recall Toobin is the author of last year's The Nine,...

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Judicial Activism, the Election, and the Gay Marriage Case

Posted on May 19, 2008
Peter Brown of the Quinnipiac U. Polling Institute has this post on the WSJ Political Perceptions blog regarding the impact of the California gay marriage case on the presidential election. By overturning a ban on gay marriage that was approved...

Recidivism Compounding

Posted on May 19, 2008
Compound interest is a very powerful force in finance. (Whether Albert Einstein really declared it to be the most powerful force in the universe is undetermined.) But if you choose crime as your career instead, you may run into a...

Emmett Stay Lifted

Posted on May 19, 2008
The Supreme Court lifted the stay of execution previously issued in the case of Virginia murderer Christopher Emmett. Previous posts on this case are here, here, and here. Justice Stevens dissented from today's lifting of the stay, joined by Justices...

One Terrorist Case Down

Posted on May 19, 2008
The United States Supreme Court issued three decisions in criminal cases today. This post describes one of them. Although the Gitmo habeas case remains pending, the high court did decide the case of another terrorist, Ahmed Ressam. He falsely stated....

News Scan

Posted on May 16, 2008
Flag burning is still a crime, notwithstanding Texas v. Johnson, 491 U.S. 397 (1989), if the perpetrator sneaks around in the wee hours burning other people's flags. Lindsey Baguio has this story in the Orange County (Cal.) Register. See Cal....

Cross-Examining Lab Techs

Posted on May 16, 2008
The Ninth Circuit today issued an interesting, if quirky, opinion on the issue of the right to cross-examine lab technicians in United States v. Perez, No. 07-10289. The issue arose in the context of supervised release revocation, not criminal trial,...

Misconduct Complaining About Misconduct

Posted on May 14, 2008
Here is an interesting ruling from Chief Judge Kozinski of the Ninth Circuit. An attorney filed a misconduct complaint against a district judge and a magistrate judge. The complaint was such total tripe that the attorney is now ordered to...

Injection Litigation

Posted on May 14, 2008
Post-Baze mopping-up operations are reported in this AP article by Larry O'Dell and Randall Chase. The Fourth Circuit held oral argument today in the Emmett case. In Richmond, attorneys for Emmett and the state told a three-judge panel of the...

Blog Scan

Posted on May 14, 2008
Ed Whalen Comments on Ronald Dworkin's New Book: Over at Bench Memos, Ed Whalen has this post commenting on the first few chapters of Ronald Dworkin's new book, The Supreme Court Phalanx: The Court?s New Right-Wing Bloc. The book republishes...

Resignation Day

Posted on May 14, 2008
The Attorney General of Ohio, Marc Dann, has resigned, under very different circumstances from those of SG Clement, noted below. Laura Bischoff has this story for the Oxford Press....

Clement Resignation

Posted on May 14, 2008
Solicitor General Paul Clement is resigning June 2. WSJ Law Blog has this post. SCOTUSblog has the text of the press release, not yet on the DoJ site....

Blog Scan

Posted on May 13, 2008
Monday's Decisions from the Ninth Circuit: Jon Sands at Ninth Circuit Blog posted a summary of the Ninth Circuit's decisions in U.S. v. Caruto, Woods v. Carey, and Miller v. Blackletter. Defendant's rights appeared to be the theme of the...

News Scan

Posted on May 13, 2008
Fast Track DP in Utah? The Utah legislature is considering putting a constitutional amendment on the 2010 ballot that would shorten post conviction review of death penalty cases. The measure, which has been proposed by the Attorney General, would set...

Prosecutor Recusal in California

Posted on May 12, 2008
California Supreme Court's decision in Humberto S. was not the only prosecutor recusal opinion issued by the California Supreme Court today. Today, the court also decided Hollywood v. Superior Court and Haraguchi v. Superior Court....

Prosecutors and Victims' Privileged Info.

Posted on May 12, 2008
The California Supreme Court today issued a decision regarding the proper role of prosecutors when the defense attempts to access information protected by a privilege held by the victim. In a child molestation case, the trial court recused a large...

SCOTUS Monday

Posted on May 12, 2008
No decision yet in the Guantanamo detainee case, Boumediene v. Bush. Be sure to tune in next week, same time, same channel. The Court decided Gonzalez v. United States on the (yawn) question of whether consent to having the jury...

News Scan

Posted on May 09, 2008
Marco Allen Chapman, a death row inmate in Kentucky, may soon get his wish: to die. Chapman will be the first person executed in Kentucky since 1999. Brett Barrouquere, from the San Francisco Chronicle, reports Chapman has waited more than...

Blog Scan

Posted on May 09, 2008
Bismullah To Get Status Review: Lyle Denniston at SCOTUSblog reported today that the Pentagon intends to review the status of Bismullah, an Afghan national detained at Guantanamo Bay. Bismullah's lawyers have argued for months that he has been detained by...

Blog Scan

Posted on May 08, 2008
Takings Clause and Foreigners: Thanks to Eugene Volokh at Volokh Conspiracy for his post on the Federal Circuit opinion dismissing a claim that the Fifth Amendment's Takings Clause applied to foreign nationals with no relationship to the United States...

News Scan

Posted on May 07, 2008
Ohio Murderer May Finally Face Execution Cleveland Plain Dealer reporter Maggi Martin writes that, after 21 years of appeals, double-murderer Richard Cooey may soon receive his sentence. Cooey was sentenced to die on December 1986 for the rape and murder...

The Lynd Case

Posted on May 06, 2008
More breaking news on the possible first post-Baze execution. Lyle Denniston at SCOTUSblog has this post, with the pleadings, on Georgia murderer William Lynd's certiorari petition and request for stay to the U.S. Supreme Court. The state's opposition notes that...

Senator McCain Explains His Judical Philosophy

Posted on May 06, 2008
Hat-tip to Paul Cassell at the Volokh Conspiracy for the link to the text of Senator McCain's speech on his judicial appointment philosophy. The speech was given today at Wake Forest University and outlines McCain's conservative philosophy of appointing qualified judges to positions in the federal courts...

News Scan

Posted on May 06, 2008
Georgia Murderer Faces Execution: William Earl Lynd, sentenced to death 18 years ago for the kidnap and murder of his ex-girlfriend, is scheduled for execution tonight as reported in this story by AP writer Shannon McCaffrey. Lynd will be the...

USDC San Diego Bombed

Posted on May 05, 2008
The federal courthouse in San Diego was hit by a bomb about 1:40 a.m. Sunday. Angelica Martinez has this story in the San Diego Union-Tribune....

Blog Scan

Posted on May 05, 2008
Medellin Execution Date Set: The Blog of Legal Times has this post on the decision to set Jose Medellin's execution for August 5, 2008. In March 2008, the Supreme Court ruled that an International Court of Justice judgment was not...

News Scan

Posted on May 05, 2008
Civil Rights Pioneer Mildred Loving, a black woman who challenged Virginia?s ban in interracial marriage, died Friday in her home. On June 12, 1967, the Supreme Court upheld Mildred and Richard Loving?s right to marry. Washington Post writer Dionne Walker...

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