Results matching “first”

U.S. Jails Releasing Illegal Immigrant Detainees: Jails across the country are no longer honoring federal requests to hold inmates for additional days while immigration authorities set up their deportation.  Cindy Carcamo of the Los Angeles Times reports that city and county jails across the U.S. began ignoring the holds after a series of federal court rulings issued this spring determined that immigration holds are no longer mandatory.  In California specifically, law enforcement agencies can only honor an immigration hold if the inmate has been charged with or is convicted of a serious offense.

Convicted Killer may Face Death Penalty: An Ohio jury is set to decide whether or not a 19-year-old convicted of murdering a U.S. Navy recruit should face the death penalty or not.  The Associated Press reports that if the jury decides to sentence Austin Myers to death, he will become the youngest inmate on the state's death row.  Myers was found guilty of murdering an 18-year-old Navy recruit in January after a burglary attempt.  Authorities later found the victim's body several counties away.

Woman Sentenced to Life for Quadruple Homicide: A Texas woman will spend the rest of her life behind bars after pleading guilty to helping her boyfriend murder two women and two children in 2010.  Lynh Bui of The Washington Post reports that 21-year-old T'keisha Gilmer blocked the door of one of the victim's apartments while her boyfriend shot all four of the victims execution style after a dispute occurred when a cooler full of marijuana went missing.  Gilmer's boyfriend was also convicted of first-degree murder and was sentenced to life in prison.  

Today is the official opening day of the U.S. Supreme Court's October 2014 term.  A long orders list, taking up no new cases, is here.  The cases taken up in the "long conference" last Monday were announced last Thursday, as previously noted on this blog.

Those of us who work at the Court from afar and can't attend the opening were greeted with a spiffy revamped web site.

NBC News reports:

An Oklahoma prosecutor filed notice Thursday to seek the death penalty against 30-year-old Alton Nolen, who's accused of decapitating one co-worker and stabbing another in a gruesome attack at a food-processing plant. The beheading of Colleen Hufford on Sept. 25 was "especially heinous, atrocious or cruel," Cleveland County District Attorney Greg Mashburn said in the filing. He added that "there exists a probability that the defendant will commit criminal acts of violence that would constitute a continuing threat to society."

Nolen, a convicted felon, faces a first-degree murder charge and two counts of assault for the stabbing rampage at Vaughan Foods in the Oklahoma City suburb of Moore. Authorities say he was on the warpath after getting suspended from his job at the plant. Earlier reports said he had been fired. The co-worker whom he allegedly stabbed, Traci Johnson, had earlier complained that she had an altercation with Nolen "about him not liking white people," Mashburn said. Nolen, who was injured by a plant executive's gun, was released from a hospital and transported to jail Wednesday.

Florida Man Convicted in 'Loud Music' Killing: A Florida man who shot into a car full of teens after getting into an argument over loud music has been found guilty of first-degree murder.  CNN reports that 47-year-old Michael Dunn shot 10 rounds into the vehicle, leaving 17-year-old Jordan Davis dead.  Dunn was found guilty on four charges related to the killing earlier this year but the jury deadlocked on whether or not he was guilty of murder.  Dunn is scheduled to be sentenced later this month on the first-degree murder conviction, he faces a mandatory sentence of life in prison.

Ohio Man Found Guilty in Quadruple Homicide: A 22-year-old Ohio man will now face a possible death sentence after being convicted of murdering four people in April 2013.  Adam Ferrise of the Northeast Ohio Media Group reports that Deshanon Haywood was convicted of several felonies including 13 counts of aggravated murder, four counts of kidnapping, and two counts of aggravated robbery in what authorities believe was a drug-deal gone bad.  Haywood is scheduled to be sentenced on October 14.  His co-defendant was also found guilty of murder and was sentenced to four consecutive life terms.

Child Rapist Sentenced to Life Behind Bars: A Georgia man convicted on four counts of aggravated child molestation will spend the rest of his life in prison after being sentenced to four consecutive life terms.  Tyler H. Jones of the LaGrange Daily News reports that Daryl E. McGruder repeatedly raped and sodomized two young girls over the course of several months. The judge presiding over the case is notorious for handing down harsh sentences for child predators. Last year, he sentenced a sex offender to 1,000 years in prison.  

California Teen Convicted in Brutal Double Murder:  A California jury has determined that a teenager convicted of murdering an elderly couple in 2013 was sane at the time of the crime.  News 10 Sacramento reports that 17-year-old Daniel Marsh broke into the couple's home in April 2013 and tortured the pair before stabbing them dozens of times.  Authorities say Marsh showed no remorse after his arrest and had even bragged to his friends about the killing.  Marsh faces a maximum sentence of life without the possibility of parole, the death penalty was not an option due to his age at the time of the crime.

Tennessee High Court Upholds Death Sentence: The Tennessee Supreme Court has unanimously ruled to uphold the death sentence of a man convicted of murdering six people in 2008.  Samantha Bryson of the Commercial Appeal reports that Jessie Dotson fatally shot his brother, his fiancee, and two other adults before stabbing and beating two young boys to death. Authorities say Dotson also stabbed his 9-year-old nephew in the head, but the young boy was able to survive along with two other children found at the scene.  Dotson was given six death sentences for each of his first-degree murder convictions and was also given three consecutive 40-year sentences for each attempted murder charge.

Convicted Killer to Stand Trial in Inmate Murder: Prosecutors in Kentucky have announced that they will seek the death penalty against a man charged with murdering a fellow inmate at a high-security federal prison in 2009.  The Associated Press reports that 31-year-old John Millner allegedly stabbed another inmate with a homemade icepick before he strangling him to death.  At the time of the killing, Millner was serving a life sentence without the possibility of parole for a murder he committed in Washington in 2002.   

Goddard College in Vermont has invited Mumia Abu Jamal, convicted cop killer and former death row inmate, to give the commencement address.  The story is here.

It is by now old news (about six hours old) that Eric Holder will step down upon confirmation of a successor.

Federal Prison Population on the Decline: For the first time since 1980, the federal prison population is on the decline.  Andrew Grossman of The Wall Street Journal reports that over the next two years, the federal prison population is expected to decrease by more than 12,000 inmates.  Attorney General Eric Holder is attributing the decline to policies he has implemented that reduced lengthy mandatory minimum sentences for supposedly "non-violent" offenders.  However, some Republicans have also pointed to the fact that harsher punishments were critical to the decline in crime rates over the past two decades.

Convicted Killer Seeks New Trial: The Salvadorian immigrant convicted of murdering political intern Chandra Levy is seeking a new trial.  Michael Doyle of the McClatchy DC reports that Ingmar Guandique was convicted nearly four years ago for the 2001 murder of Levy and was sentenced to 60 years in prison.  Guandique is requesting a new trial based on the claim that the prosecution's star witness was a one-time gang leader with an extensive criminal past, therefore making him a non-credible source of information.  

Judges Utilizing New Tools in Sentencing Decisions: Judges from across the U.S. have begun using risk-evaluation tools when sentencing offenders in hopes of better assessing an individual's likelihood to reoffend.  Joe Pallazzolo of The Wall Street Journal reports that judges consider factors such as an offender's age, gender, prior felony convictions, and the amount of times they have been incarcerated in the past year; offenders are then given a 'score' based on how many risk factors apply to them and judges use the result to determine a proper sentence.  Judges aren't required to use the sentencing tools, but there is evidence showing that they are taking them into account.  Use of demographic factors beyond the defendant's control is controversial.

Following up on Wednesday's Richard III story, Alexandra Petri in the WaPo offers up a bit of dark humor on other Shakespeare tragic characters. The first two are from Scotland, appropriately in light of today's news.

One of the strongest arguments for continuing to hang tough on imprisonment, and refusing to become unnerved by the racially-charged hectoring of the "Incarceration Nation" crowd, is easy to summarize:  Prison works.  When we have more prison, we have less crime. When we have less prison, we have more crime. It's not a whole lot more complex than that.

Mary Kissel at the WSJ interviews "Manhattan Institute Senior Fellow George Kelling on his famous theory of policing and how it's fared in practice."

Despite the title and subhead, Kelling's first point is that "Broken Windows" is about more than policing.

Here's the theory in a nutshell.  If a window is broken in a neighborhood and no one fixes it, it's a sign to all that nobody cares.  People prone to vandalism become more bold, while people who would like to keep the neighborhood up become more likely to take a "why bother?" attitude.  Things spiral downward, ultimately increasing major problems, including crime.

Taking care of problems that some people regard as petty actually does matter a lot.

Dr. Kelling, BTW, is a long time friend and advisor of CJLF, as was his co-author, the late James Q. Wilson

Jury Recommends Death Penalty in Triple Homicide: A Los Angeles, CA jury has recommended that a 37-year-old man convicted of murdering three people in 2009 be sentenced to death for his crimes.  The City News Service reports that in addition the first-degree murder convictions, Robert Louis Caballero was also found guilty on two counts of kidnapping, one county of firearm possession by a felon, and evading police.  Caballero's two co-defendants have also been convicted of first-degree murder and are awaiting sentencing. 

Arrest Made in Decades-Old Cold Case Murder: Authorities in Ohio have arrested the man they believe is responsible for the 1981 killing of a police officer.  Frazier Smith of WHIO News reports that 63-year-old Mitchell Ruble, who was also a police officer, killed the deputy at his home after he was terminated from the department for using excessive force while on duty.  Ruble is currently in county jail without bond.  

Convicted Murderer Sentenced to Death: A Louisiana man who escaped from prison and murdered a Florida college student while on the run has been sentenced to death.  CBS News reports that 43-year-old Kentrell Feronti Johnson, along with two other men, escaped from a Louisiana prison facility and fled to Florida where they kidnapped a graduate student and beat him to death, leaving his body in an open field.  One of Johnson's co-defendants has also been sentenced to death for the crime while the other plead guilty to all charges in exchange for a life sentence.

The title of this post is the headline of a story by Geoffrey Mohan in the Los Angeles Times.  He reports on "a 10-year study that [was designed to] compare how children would fare under prolonged therapy and tutoring aimed at improving social and cognitive skills, and whether their adult fates would differ from similar children who did not participate."

Convicted Murderer to be Released: An Arizona man sentenced to life in prison for first-degree murder will soon be released after serving only 44 years.  Kelsey Hess of The Republic reports that 62-year-old Ray Chatman was convicted of first-degree murder and armed robbery when he was 17-years-old.  He was originally sentenced to death for the crime, but three years later   a court reduced his sentence to life without the possibility of parole.  Recently a judge agreed to vacate his original conviction in exchange for him pleading guilty to second-degree murder, making him eligible for release.  

Murderer Pleads Guilty to Avoid Death Penalty: A Florida man has agreed to plead guilty to first-degree murder and spend the rest of his life behind bars in order to avoid a possible death sentence.  Daphne Duret of The Palm Beach Post reports that 58-year-old Serge Motti had arranged to meet with the victim for a drug deal, but at the meeting Motti murdered the man and then ran his girlfriend over multiple times before shooting her as well.  Motti was convicted of murder in New York in 1979, but was  paroled and relocated to Florida.   

CA Bill Aimed at First Time Offenders: A California bill awaiting approval from Governor Brown would allow first time offenders convicted of misdemeanors to have their criminal record wiped clean if they agree to plead guilty or no contest to certain crimes. K. Puenta of the Los Angeles Register reports that Assembly Bill 2124 would allow judges to defer sentencing for individuals found guilty of certain 'non-serious' offenses, and if certain conditions are met, the offense would be wiped from the record within a year.  The governor has until the end of the month to either veto the bill or sign it into law.  Governor Brown vetoed a similar bill last year.

I think our readers will be able to figure this one out for themselves.  Some of the President's judicial picks have been first-rate minds and very good people.  Still, a priori, a prosecutor probably would not want an Obama-selected judge sitting on a close criminal case.

Convicted Killer Sentenced to Life: An Iowa man has been sentenced to life in prison without the possibility of parole after being found guilty of murdering his pregnant wife in May 2012.  The Associated Press reports that in addition to the life sentence, 23-year-old Seth Techel was sentenced to an additional 25 years for the 'nonconsensual termination of a human pregnancy.'  Life without parole is the strongest sentence available in Iowa.  The state abolished the death penalty in 1965.

Police Make Arrest in Cold Case Killing: Police in Idaho have arrested a man believed to be responsible for the murder of a 25-year-old woman more than a decade ago.  Michael H. O'Donnell of the Idaho State Journal reports that 39-year-old Brad Compher has been charged with first-degree murder after fingerprint evidence collected from the crime scene linked him to the murder.  If found guilty, Compher faces life in prison or a possible death sentence.

I noted yesterday that one reason there is such a hue-and-cry about the slap-on-the-wrist deal Ray Rice got from the prosecutor  --  after knocking his girlfriend cold  -- was that the assault had been taped, and has now been seen on TV by tens of millions of people. Nothing works like the evidence of your own eyes.  

There is an ongoing outcry against the sweet deal (no jail time and "counseling") given former NFL running back Ray Rice for knocking his girlfriend cold.

Yesterday, the Ninth Circuit granted rehearing en banc in a case it decided last year and the Supreme Court turned down last June.  Judge Tallman, joined by Judges O'Scannlain, Callahan, Bea, and Ikuta, takes the unusual step of dissenting from a grant of rehearing en banc. 

If one is remembered for the rules one breaks, then our court must be unforgettable. By taking this capital habeas case en banc now--after certiorari has been denied by the Supreme Court and well after the deadline for en banc review by our court has passed--we violate the Federal Rules of Appellate Procedure and our own General Orders. We also ignore recent Supreme Court authority that has reversed us for doing the same thing in the past. No circuit is as routinely reversed for just this type of behavior. We ought to know better.

Aside from the specific procedural question in this case is a deeper question.  Congress passed a landmark law in 1996 for the specific purpose of a making capital punishment effective.  One of the reforms was to crack down on successive petitions -- the filing of a new federal habeas petition after the first one has been denied.  This was, initially, one of most effective reforms in the package.  It was upheld by the Supreme Court with remarkable swiftness, two months after enactment of the law.  See Felker v. Turpin, 518 U.S. 651 (1996).  (CJLF filed an amicus brief.  See footnote on p. 654.)

However, the effectiveness of the reform has been diluted in recent years by the use of various procedural devices to reopen the old petition instead of filing a new one.  The Supreme Court has not been tough enough in restricting this practice.  Habeas corpus is not just another civil case.  Congress spoke clearly when it said that once a case is finished it should be reopened only for certain very compelling circumstances (like, for instance, we got the wrong guy).  An arguably insufficient consideration of "mitigating" evidence that has nothing whatever to do with the crime, which is what Henry is about, is not a good enough reason to further delay already badly delayed justice.  Congress has decided that, and the courts need to respect that.

Inmate Population Rising Under Realignment: The number of inmates being sent to California prisons is on the rise despite three years under Governor Brown's Realignment law was enacted to reduce prison overcrowding.  Don Thompson of the Associated Press reports that there has been a record-setting increase in the number of second convictions for serious and violent crimes resulting in more criminals being sentenced  state prison. The state's current prison population is at 133,000, and is expected to increase to 143,000 by 2019.

Federal Judge Denies Stay of Execution: A federal judge has denied a motion to stay the execution of a Missouri man convicted of murdering two people more than a decade ago.  Alan Burdziak of the Columbia Daily Tribune reports that attorneys for Earl Ringo challenged his sentence and asked the judge to reopen his case.  The attorneys claim that they were not given enough time to plan a proper defense after his original lawyer was removed from the case.  Ringo is scheduled to be executed on September 10.   

Suspected Cop Killer Recently Released on Parole: The New York man believed to be responsible for Wednesday's fatal shooting of a police officer was released from prison and placed on parole only a few weeks ago.  The Associated Press reports that Thomas Johnson III shot the officer after a brief pursuit in Rochester Wednesday evening.  It was the first time since 1959 that an officer from that department was killed in the line of duty.  Johnson was released from prison in August after serving a year behind bars for a parole violation.

Since finishing up my time interning with the Criminal Justice Legal Foundation I have moved back to Boston to begin my final year at Suffolk University Law School. While back here I am a Massachusetts Supreme Judicial Court Rule 3.03 Certified Student Prosecutor. That basically means I intern for a local District Attorney's office with all the responsibilities and powers of an Assistant District Attorney but am always under the supervision of someone who makes sure I don't screw things up too bad. These opinions are my own and not that of CJLF, the Plymouth County District Attorney's Office, and most certainly not that of Suffolk University Law School.
 
I come back to a city in crisis, as the gun violence and murder rates from the summer have dwarfed, in historic proportions, the rates from the previous summer and the past several summers.

One of the tougher issues in First Amendment law is deciding when protected speech turns into unprotected incitement.  Police are often called upon to make that judgment.  In this case, they found incitement, moved the protesters out, and threatened them with arrest for disorderly conduct.  (No charges were actually brought in court, however).

Today the U.S. Supreme Court issued the last of its three summer orders lists.  As expected, it was routine stuff.

The "long conference," at which the Court considers the big stack of petitions that have built up over the summer, is set for Monday, September 29.  We can expect an orders list with the petitions granted the next day.  A long orders list of petitions denied will follow on the official opening day of the term, the First Monday in October, which is the 6th.

The Cert Pool has the list.  It's 1566 cases.  They aren't kidding about "long."

Habitual Felon to be Charged with Multiple Murders: A California man with a lengthy criminal past has been arrested and is expected to be charged later today with several counts of murder.  The Associated Press reports that 34-year-old Alexander Hernandez is believed to be responsible for killing four people and wounding several others over five days across Los Angeles County.  Hernandez has already been charged with one count of capital murder, two counts of attempted murder, three counts of animal cruelty, and is expected to be charged with three more counts of first-degree murder.  If found guilty, Hernandez faces a possible death sentence.  

Convicted Murderer Kills Again: Authorities in Missouri say that an inmate has died from injuries he sustained at the hands of his cellmate, a convicted murderer.  The Associated Press reports that 35-year-old Mark Melton was assaulted in his cell earlier this month and eventually died from his injuries last weekend.  Authorities believe his cellmate, who is serving a sentence for second-degree murder was responsible for his death and have classified the incident as a homicide.

Oregon Killer Awaits Parole Decision: An Oregon man convicted of raping and murdering his 16-year-old classmate more than two decades ago is awaiting a decision from the state's parole board on whether or not he will be released from custody.  KOIN 6 News reports that Conrad Engweiler was 15 at the time of the killing, and is one of five Oregon men who committed aggravated murder as juveniles before mandatory sentencing guidelines had been established.  Engweiler was sentenced in 1991 to life with a minimum of 30 years.  The parole board is expected to make a decision on his release within weeks.

Devlin Barrett reports for the WSJ that Sarah Saldaña, US Attorney for the Northern District of Texas, "is the leading candidate to run the Immigration and Customs Enforcement agency, according to people familiar with the discussions."

ICE is one of the agencies created in the post-9/11 reshuffle of homeland security organization.  It has many of the functions previously performed by the old Immigration and Naturalization Service.

And the story has this nugget:

Ms. Saldaña got her current job after an unusual political standoff in which her nomination to become U.S. attorney was backed by Sen. John Cornyn (R., Texas) and opposed by some Democrats in the Texas congressional delegation.

Three of  the major emerging themes in the anti-death penalty movement are arbitrariness, expense and delay.  The first and third of these are, as I understand it, the principal arguments in the district court's opinion in Jones v. Chappell, about which Kent has written extensively.

CA Man Attacks Aunt Hours After Jail Release: A Fresno, CA man has been arrested and is facing charges of assault with a deadly weapon after authorities say he attacked his aunt with a hammer just hours after being released from county jail.  ABC 30 Action News reports that Anthony Palomino had been arrested last week after breaking into cars at his relative's funeral, but was released early from the Fresno County Jail due to overcrowding.  Authorities say after he was released, Palomino attacked his aunt with a hammer leaving her with a black eye, broken cheek bone, and 19 staples in her head.  He is being held in county jail on $25,000 bail.

Killers Plead Guilty to Avoid Death Penalty: A Pennsylvania couple has agreed to plead guilty to second-degree murder in the alleged thrill-killing of a man last year in order to avoid a possible death sentence.  Nikki Krize of WNEP News reports that Miranda and Elytte Barbour, also known as the 'Craigslist killers', met their victim online and lured him into meeting them because they wanted to murder someone together.  The couple has also claimed responsibility in 20 other murders in different parts of the U.S., however, authorities have yet to confirm them.  The couple will be sentenced next month, likely to life in prison without the possibility of parole.

California's Firearm Wait Period Deemed Unconstitutional: A federal judge has ruled in favor of overturning part of a California law that mandated a 10-day waiting period for gun buyers, calling the legislation a violation of the Second Amendment.  KCRA Sacramento reports that the mandatory waiting period will no longer apply to individuals who already own firearms, however, first time gun buyers will still be required to undergo a background check and wait the mandatory 10 days.  The state attorney general has yet to announce whether or not she will appeal the ruling.

The sitting Governor of Colorado, John Hickenlooper, is in a heated re-election campaign.  One of the issues is his handling of the case of convicted multiple killer John Dunlap.  

Chicago Experiencing Crime Drop: Police in Chicago, Illinois have announced that the city has experienced a sharp decrease in crime as more residents have begun arming themselves after the state started granting concealed carry permits earlier this year.  Kelly Riddell of The Washington Times reports that the city has seen a decrease in burglaries and robberies, and Chicago's homicide rate was at a 56-year low.  Richard Pearson, executive director of the Illinois State Rifle Association, believes that the decreases are directly linked to the state allowing citizens to carry concealed weapons. 

Murderer Avoids Death Penalty: A Florida man will spend the rest of his life behind bars after being charged in multiple killings.  Larry Hannan of the Florida Times-Union reports that 29-year-old DeShawn Green was able to avoid a death sentence for the third time last week after prosecutors elected to drop first-degree murder charges out of fear that a possible acquittal could jeopardize his prior two murder convictions.  Green was originally sentenced to death for a 2009 murder but the judge overruled the jury and gave him life without parole instead.

TX National Guard to Begin Patrolling Border: Roughly 1,000 Texas National Guard troops have been deployed to the Mexican border in an effort to combat escalating crime rates in the area.  Reuters reports that Texas Governor Rick Perry advised the troops that they were being deployed to the border region to deter criminal activity. Perry estimates that deploying the troops will cost the state at least $12 million a month. Texas border cities have been overwhelmed with immigrants flooding the state's borders since late 2013, causing escalating crime.

Minnesota Inmate Convicted of Murder: A Minnesota inmate has been sentenced to an additional 40 years behind bars after agreeing to plead guilty to killing a fellow inmate last December.  The Associated Press reports that 30-year-old Benjamin Beck plead guilty to second-degree intentional murder after telling prosecutors he had no choice but to kill the other inmate due to the fact that he was a convicted child rapist.  Beck had been incarcerated since 2007 after being convicted of aggravated robbery and first-degree burglary.

Convicted Killer Granted Stay of Execution: An Ohio man sentenced to death after being convicted of killing his two young children and former mother-in-law has been granted a stay of execution.  The Canton Rep reports that James Mammone was scheduled to be executed on March 8, 2017, the stay will remain in effect until he has exhausted all post-conviction court proceedings and appeals.  Mammone recently asked the court reconsider his murder convictions and death sentence, however, the court ruled by a vote of 6-1 to uphold both the verdict and sentence.

CA High Court Upholds Death Sentence: In a unanimous ruling, the California Supreme Court upheld the conviction and death sentence of a man who killed a young woman more than two decades ago.  Marjorie Hernandez of the Ventura County Star reports that Justin Merriman, a documented skinhead gang member, was sentenced to death in 2001 for the rape and murder of a Southern California college student.  Merriman challenged his conviction and sentence based on a claim of juror misconduct and evidence errors.