Results matching “first”

Recall Effort Terminated

October 17, 2008 7:57 AM | Posted by Kent Scheidegger

Here is another scrap of good political news. Don Thompson reports for AP, "A powerful union representing California prison guards on Thursday dropped its recall campaign against Gov. Arnold Schwarzenegger, saying it will instead focus on ballot questions and pointing out that he doesn't have much time left in office anyway."

Giving credit where it is due, we are pleased to see that an organization that made a really dumb decision realized how dumb it was and stopped. That doesn't always happen.

A little later in the story, we find out the news isn't quite as good as we thought from the first paragraph. The union's ballot measure efforts will not be focused on the criminal justice measures but instead on preserving the gerrymandering that has been such a large factor in making the California Legislature the dysfunctional mess that it is. Oh, well.

Recall Effort Terminated

October 17, 2008 7:57 AM | Posted by Kent Scheidegger

Here is another scrap of good political news. Don Thompson reports for AP, "A powerful union representing California prison guards on Thursday dropped its recall campaign against Gov. Arnold Schwarzenegger, saying it will instead focus on ballot questions and pointing out that he doesn't have much time left in office anyway."

Giving credit where it is due, we are pleased to see that an organization that made a really dumb decision realized how dumb it was and stopped. That doesn't always happen.

A little later in the story, we find out the news isn't quite as good as we thought from the first paragraph. The union's ballot measure efforts will not be focused on the criminal justice measures but instead on preserving the gerrymandering that has been such a large factor in making the California Legislature the dysfunctional mess that it is. Oh, well.

News Scan

October 15, 2008 9:04 AM | Posted by CJLF Staff

Mother of Missing Florida Toddler Makes Initial Court Appearance on Murder Charges: An article from the Fox News states that the mother of missing Florida toddler Caylee Anthony made her initial court appearance this morning on first-degree murder and other charges. The mother was indicted Tuesday afternoon on the charges by a grand jury after an exhaustive four-month-long investigation into her daughter's whereabouts. Caylee's body has never been found and she has been missing since mid-June. Anthony could face life in prison or the death penalty if convicted.

Death Row Inmate Is Confessed Killer But Denies Murders: The AP has this story of death row inmate Alvin Kelly from East Texas, who doesn't deny he committed a murder but insists he had no involvement in the murder spree he is charged with – where three people, including a 22-month-old child, were gunned down 24 years ago in East Texas. The former Tyler truck repair shop owner was executed Tuesday evening in Huntsville. He was the 10th Texas prisoner executed this year. The AP has this report on Kelly's execution.

Why The Supreme Court Matters In The Presidential Election: A commentary by jurist guest columnist William G. Ross of Cumberland School of Law, Samford University, states that American voters should carefully consider the candidates' positions and likely impact on the federal courts as the outcome of the 2008 election could profoundly influence the decisions of those courts, and especially the US Supreme Court, for decades to come. Three “liberal” Justices are likely to resign because of retirement and health problems. The replacement of even one of these Justices with a more “conservative” Justice could decisively alter the Court’s decisions on a multitude of issues. Judicial issues are too important to ignore in a presidential campaign, he says. According to Ross, the behavior of individual justices is unpredictable and most voters should be able to make intelligent general assumptions about how McCain or Obama nominees would rule on a wide range of critically important subjects. Ross concludes, voters therefore should carefully consider how the election will affect judicial decisions.

Houston Jury Gives 99 Years In Grisly Murder: Brian Rogers from the Houston Chronicle reports that Timothy Shepherd was sentenced late Tuesday to 99 years in prison and a $10,000 fine, the maximum punishment for the murder of former girlfriend Tynesha Stewart, whom he strangled and dismembered before burning her remains on two barbecue grills in March 2007. Prosecutor Marie Primm said she was satisfied with the verdict and noted that 99 years and a life sentence for murder are essentially the same. With either, Shepherd is eligible for parole in 30 years.

News Scan

October 15, 2008 9:04 AM | Posted by CJLF Staff

Mother of Missing Florida Toddler Makes Initial Court Appearance on Murder Charges: An article from the Fox News states that the mother of missing Florida toddler Caylee Anthony made her initial court appearance this morning on first-degree murder and other charges. The mother was indicted Tuesday afternoon on the charges by a grand jury after an exhaustive four-month-long investigation into her daughter's whereabouts. Caylee's body has never been found and she has been missing since mid-June. Anthony could face life in prison or the death penalty if convicted.

Death Row Inmate Is Confessed Killer But Denies Murders: The AP has this story of death row inmate Alvin Kelly from East Texas, who doesn't deny he committed a murder but insists he had no involvement in the murder spree he is charged with – where three people, including a 22-month-old child, were gunned down 24 years ago in East Texas. The former Tyler truck repair shop owner was executed Tuesday evening in Huntsville. He was the 10th Texas prisoner executed this year. The AP has this report on Kelly's execution.

Why The Supreme Court Matters In The Presidential Election: A commentary by jurist guest columnist William G. Ross of Cumberland School of Law, Samford University, states that American voters should carefully consider the candidates' positions and likely impact on the federal courts as the outcome of the 2008 election could profoundly influence the decisions of those courts, and especially the US Supreme Court, for decades to come. Three “liberal” Justices are likely to resign because of retirement and health problems. The replacement of even one of these Justices with a more “conservative” Justice could decisively alter the Court’s decisions on a multitude of issues. Judicial issues are too important to ignore in a presidential campaign, he says. According to Ross, the behavior of individual justices is unpredictable and most voters should be able to make intelligent general assumptions about how McCain or Obama nominees would rule on a wide range of critically important subjects. Ross concludes, voters therefore should carefully consider how the election will affect judicial decisions.

Houston Jury Gives 99 Years In Grisly Murder: Brian Rogers from the Houston Chronicle reports that Timothy Shepherd was sentenced late Tuesday to 99 years in prison and a $10,000 fine, the maximum punishment for the murder of former girlfriend Tynesha Stewart, whom he strangled and dismembered before burning her remains on two barbecue grills in March 2007. Prosecutor Marie Primm said she was satisfied with the verdict and noted that 99 years and a life sentence for murder are essentially the same. With either, Shepherd is eligible for parole in 30 years.

Blog Scan

October 14, 2008 3:16 PM | Posted by Lauren Altdoerffer

An Internet Harassment Decision That Has Some Worried About Criminal Libel: Eugene Volokh has an interesting post on an Internet harassment case decided last week by the Ohio Court of Appeals. The title asks "The Return of Criminal Libel, With Truth Not Being a Defense?" Volokh then answers: "That's how I read the prosecution and conviction in State v. Ellison (Ohio Ct. App. Oct. 10)." The case, State v. Ellison, addressed whether a high school teen could be found guilty of telecommunications harassment under Ohio's R.C. 2917.21(B) when she had posted on “MySpace” page a picture of a rival teen captioned “Molested a little boy.” Volokh's interest in the case arises from its First Amendment implications. As Volokh states: "So we have a criminal prosecution for speech that supposedly "harass[es]" (or perhaps "abuse[s]") by making allegations of criminal conduct — but the state has no obligation to prove falsity, and the defendant isn't even entitled to a defense of truth. Sounds like a pretty clear violation of the First Amendment." While the case was reversed by the Ohio Court of Appeals last week, Volokh believes the decision allows prosecution for this type of speech, "so long as it 'serves no legitimate purpose' in the eyes of a judge or a jury, and so long as the judge or jury concludes that it was intended to cause substantial emotional distress." In other words, as the Ohio law stands, and as the dissenting opinion points out, someone could go to jail just for posting a comment on the Internet.

Blog Scan

October 14, 2008 3:16 PM | Posted by Lauren Altdoerffer

An Internet Harassment Decision That Has Some Worried About Criminal Libel: Eugene Volokh has an interesting post on an Internet harassment case decided last week by the Ohio Court of Appeals. The title asks "The Return of Criminal Libel, With Truth Not Being a Defense?" Volokh then answers: "That's how I read the prosecution and conviction in State v. Ellison (Ohio Ct. App. Oct. 10)." The case, State v. Ellison, addressed whether a high school teen could be found guilty of telecommunications harassment under Ohio's R.C. 2917.21(B) when she had posted on “MySpace” page a picture of a rival teen captioned “Molested a little boy.” Volokh's interest in the case arises from its First Amendment implications. As Volokh states: "So we have a criminal prosecution for speech that supposedly "harass[es]" (or perhaps "abuse[s]") by making allegations of criminal conduct — but the state has no obligation to prove falsity, and the defendant isn't even entitled to a defense of truth. Sounds like a pretty clear violation of the First Amendment." While the case was reversed by the Ohio Court of Appeals last week, Volokh believes the decision allows prosecution for this type of speech, "so long as it 'serves no legitimate purpose' in the eyes of a judge or a jury, and so long as the judge or jury concludes that it was intended to cause substantial emotional distress." In other words, as the Ohio law stands, and as the dissenting opinion points out, someone could go to jail just for posting a comment on the Internet.

Notes on the Oregon v. Ice Argument

October 14, 2008 3:10 PM | Posted by Kent Scheidegger

In Oregon v. Ice, the Supreme Court heard argument on whether the Apprendi line of cases, requiring jury trial for facts that increase the maximum sentence that may be imposed, should be extended to cover consecutive as opposed to concurrent sentences for multiple crimes. CJLF's amicus brief in the case is here. Our pre-argument press release is here.

Continue reading Notes on the Oregon v. Ice Argument.

Notes on the Oregon v. Ice Argument

October 14, 2008 3:10 PM | Posted by Kent Scheidegger

In Oregon v. Ice, the Supreme Court heard argument on whether the Apprendi line of cases, requiring jury trial for facts that increase the maximum sentence that may be imposed, should be extended to cover consecutive as opposed to concurrent sentences for multiple crimes. CJLF's amicus brief in the case is here. Our pre-argument press release is here.

Continue reading Notes on the Oregon v. Ice Argument.

Notes on the Pearson v. Callahan Argument

October 14, 2008 1:33 PM | Posted by Kent Scheidegger

The transcript in Pearson v. Callahan is available here. The case involves a civil suit against police who entered a house to make a drug arrest under the "consent once removed" exception. This problematic theory posits that once the drug dealer invites an undercover officer, or perhaps a police informant, into the house for the sale, he has consented to police entry or no longer has a reasonable expectation of privacy.

Continue reading Notes on the Pearson v. Callahan Argument.

Notes on the Pearson v. Callahan Argument

October 14, 2008 1:33 PM | Posted by Kent Scheidegger

The transcript in Pearson v. Callahan is available here. The case involves a civil suit against police who entered a house to make a drug arrest under the "consent once removed" exception. This problematic theory posits that once the drug dealer invites an undercover officer, or perhaps a police informant, into the house for the sale, he has consented to police entry or no longer has a reasonable expectation of privacy.

Continue reading Notes on the Pearson v. Callahan Argument.

Reconsider, and We Really Mean It

October 14, 2008 8:49 AM | Posted by Kent Scheidegger

The first opinion of the U.S. Supreme Court's new term is out. Moore v. United States is a summary per curiam opinion, spanking the Eighth Circuit for an inadequate job of reconsidering its prior opinion in light of last term's crack sentencing case, Kimbrough v. United States. The government conceded error, so reversal is no big surprise.

Reconsider, and We Really Mean It

October 14, 2008 8:49 AM | Posted by Kent Scheidegger

The first opinion of the U.S. Supreme Court's new term is out. Moore v. United States is a summary per curiam opinion, spanking the Eighth Circuit for an inadequate job of reconsidering its prior opinion in light of last term's crack sentencing case, Kimbrough v. United States. The government conceded error, so reversal is no big surprise.

News Scan

October 13, 2008 9:15 AM | Posted by CJLF Staff

Santa Ana Teen Gets 25 To Life In Mom's Killing: AP reports that a 19-year-old convicted of stabbing her mother to death and dumping her body in the ocean was sentenced Friday to 25 years to life in prison. The body was pulled from Newport Harbor in September 2006. The mother had been stabbed 50 times. The teen's ex-boyfriend, 23-year-old Ian Allen, was also convicted of first-degree murder in a separate trial. His sentencing is scheduled for Nov. 14. Testifying in her own defense during the trial, Rachel Mullenix admitted she helped Allen clean the crime scene and dump the body in the harbor, but only because she was in shock and was afraid of her boyfriend.

Suspect In Decades-old L.A. Homicide Hangs Self: AP writer Linda Deutsch reports that a strange cold case murder story of nearly 30 years ended this weekend a few blocks from where it began, with the shocking suicide of Japanese businessman Kazuyoshi Miura in a downtown jail cell. Attorney Mark Geragos, who was representing Miura, said his client maintained to the end that he had nothing to do with the shooting of his 28-year-old wife, Kazumi, in 1981. Miura battled extradition to the United States this year but finally agreed to come back and face trial on a charge of conspiracy to murder his long-dead wife. His suicide, in which police said he hanged himself with a piece of his shirt in his jail cell, was the last bizarre twist in a case that had many.

Prior post on the double jeopardy problem is here.

News Scan

October 13, 2008 9:15 AM | Posted by CJLF Staff

Santa Ana Teen Gets 25 To Life In Mom's Killing: AP reports that a 19-year-old convicted of stabbing her mother to death and dumping her body in the ocean was sentenced Friday to 25 years to life in prison. The body was pulled from Newport Harbor in September 2006. The mother had been stabbed 50 times. The teen's ex-boyfriend, 23-year-old Ian Allen, was also convicted of first-degree murder in a separate trial. His sentencing is scheduled for Nov. 14. Testifying in her own defense during the trial, Rachel Mullenix admitted she helped Allen clean the crime scene and dump the body in the harbor, but only because she was in shock and was afraid of her boyfriend.

Suspect In Decades-old L.A. Homicide Hangs Self: AP writer Linda Deutsch reports that a strange cold case murder story of nearly 30 years ended this weekend a few blocks from where it began, with the shocking suicide of Japanese businessman Kazuyoshi Miura in a downtown jail cell. Attorney Mark Geragos, who was representing Miura, said his client maintained to the end that he had nothing to do with the shooting of his 28-year-old wife, Kazumi, in 1981. Miura battled extradition to the United States this year but finally agreed to come back and face trial on a charge of conspiracy to murder his long-dead wife. His suicide, in which police said he hanged himself with a piece of his shirt in his jail cell, was the last bizarre twist in a case that had many.

Prior post on the double jeopardy problem is here.

News Scan

October 8, 2008 9:34 AM | Posted by CJLF Staff

Fourth Amendment Arguments: Adam Liptak has this story in the NYT on the Gant and Herring arguments. After noting the endless variation in scenarios of Fourth Amendment cases, he observes, "these cases were more interesting than usual, thanks to a discussion of a larger theme that has engaged several Supreme Court justices in recent years: does the exclusionary rule, which requires the suppression of some evidence produced by police misconduct, still make sense?"

Precious Doe Verdict: Erica Green lived only 3 years, but it took 4 years to identify her body, found naked and headless near Kansas City in 2001. In the interim, she was known as "Precious Doe." Harrell Johnson was convicted of first-degree murder today, according to this AP story by Andale Gross.

Technicality Cuts Bail To $1 In Child Molestation Case: Matt Miller from the Midstate News reports that Cumberland County, PA's President Judge Edgar B. Bayley has reduced the bail of a man accused of molesting a child from $500,000 to $1 after ruling that prosecutors missed a legal deadline for bringing him to trial. Bayley ruled that Kenneth Clark was arrested in March and should have been tried by early September. District Attorney David Freed said that the deadline was impossible to meet and that he is considering whether to appeal or ask Bayley to reconsider his decision.

High Drama at Maryland DP Hearings: The commission reviewing Maryland's death penalty generated some fireworks yesterday when one of its members, the state's attorney for Baltimore County, said that under the state's current process there is virtually no chance that an innocent person can be executed. A story on Washington Post.com by John Wagner reports that another commission member, exonerated from a murder conviction fifteen years ago by DNA evidence, found the statement "a little cavalier." The state's attorney pointed out that, in effect, that was then, this is now. It should also be noted that there is a huge difference between an innocent person being convicted and an innocent person being executed. Kirk Bloodsworth's death sentence was overturned on the very first review of his case -- direct appeal. He was never remotely close to execution.

Justice is on Hold in Abu-Jamal Case according to this editorial in today's Delaware County Times. Mumia Abu-Jamal, (formerly Wesley Cook) who was sentenced to death on strong evidence for the murder of a Philadelphia police officer 25 years ago, lost his most recent bid for a new trial in the Supreme Court last Monday (see our previous post and blog scan). The piece points out that the facts don't seem to matter to the foreigners and Hollywood types that make up the "free Mumia" movement, claiming that racism is the reason he was sentenced to death.

News Scan

October 8, 2008 9:34 AM | Posted by CJLF Staff

Fourth Amendment Arguments: Adam Liptak has this story in the NYT on the Gant and Herring arguments. After noting the endless variation in scenarios of Fourth Amendment cases, he observes, "these cases were more interesting than usual, thanks to a discussion of a larger theme that has engaged several Supreme Court justices in recent years: does the exclusionary rule, which requires the suppression of some evidence produced by police misconduct, still make sense?"

Precious Doe Verdict: Erica Green lived only 3 years, but it took 4 years to identify her body, found naked and headless near Kansas City in 2001. In the interim, she was known as "Precious Doe." Harrell Johnson was convicted of first-degree murder today, according to this AP story by Andale Gross.

Technicality Cuts Bail To $1 In Child Molestation Case: Matt Miller from the Midstate News reports that Cumberland County, PA's President Judge Edgar B. Bayley has reduced the bail of a man accused of molesting a child from $500,000 to $1 after ruling that prosecutors missed a legal deadline for bringing him to trial. Bayley ruled that Kenneth Clark was arrested in March and should have been tried by early September. District Attorney David Freed said that the deadline was impossible to meet and that he is considering whether to appeal or ask Bayley to reconsider his decision.

High Drama at Maryland DP Hearings: The commission reviewing Maryland's death penalty generated some fireworks yesterday when one of its members, the state's attorney for Baltimore County, said that under the state's current process there is virtually no chance that an innocent person can be executed. A story on Washington Post.com by John Wagner reports that another commission member, exonerated from a murder conviction fifteen years ago by DNA evidence, found the statement "a little cavalier." The state's attorney pointed out that, in effect, that was then, this is now. It should also be noted that there is a huge difference between an innocent person being convicted and an innocent person being executed. Kirk Bloodsworth's death sentence was overturned on the very first review of his case -- direct appeal. He was never remotely close to execution.

Justice is on Hold in Abu-Jamal Case according to this editorial in today's Delaware County Times. Mumia Abu-Jamal, (formerly Wesley Cook) who was sentenced to death on strong evidence for the murder of a Philadelphia police officer 25 years ago, lost his most recent bid for a new trial in the Supreme Court last Monday (see our previous post and blog scan). The piece points out that the facts don't seem to matter to the foreigners and Hollywood types that make up the "free Mumia" movement, claiming that racism is the reason he was sentenced to death.

Herring, Barney Fife, and Elephants

October 8, 2008 9:21 AM | Posted by Kent Scheidegger

Barney Fife "But there is not a Barney Fife defense to violation of the Fourth Amendment, either." Pamela Karlan, for the defendant, got off that good line in yesterday's oral argument in Herring v. United States, No. 07-513. On the whole though, she had a pretty rough time of it. Orin Kerr at VC thinks it's "a pretty clear win for the government."

The Question Presented is, "Whether the Fourth Amendment requires evidence found during a search incident to an arrest to be suppressed when the arresting officer conducted the arrest and search in sole reliance upon facially credible but erroneous information negligently provided by another law enforcement agent."

Continue reading Herring, Barney Fife, and Elephants.

Herring, Barney Fife, and Elephants

October 8, 2008 9:21 AM | Posted by Kent Scheidegger

Barney Fife "But there is not a Barney Fife defense to violation of the Fourth Amendment, either." Pamela Karlan, for the defendant, got off that good line in yesterday's oral argument in Herring v. United States, No. 07-513. On the whole though, she had a pretty rough time of it. Orin Kerr at VC thinks it's "a pretty clear win for the government."

The Question Presented is, "Whether the Fourth Amendment requires evidence found during a search incident to an arrest to be suppressed when the arresting officer conducted the arrest and search in sole reliance upon facially credible but erroneous information negligently provided by another law enforcement agent."

Continue reading Herring, Barney Fife, and Elephants.

News Scan

October 7, 2008 9:26 AM | Posted by CJLF Staff

Mom Who Drove Kids to Gang Fight Convicted of Murder: An article from the KTLA News reports that a Long Beach woman accused of driving her teenage son and his friends to confront a rival gang has been convicted of second degree murder. Eva Daley was charged with first-degree murder but the jury opted for the lesser conviction after deliberating for more than two days. The 35-year old mother of three faces 15 years to life in prison when she is sentenced Nov. 4.

Sex Offenders Sue County For Place To Live: According to an article by Jason Cato from the Tribune-Review, six convicted sex offenders sued Allegheny County, Pennsylvania, yesterday, claiming a restrictive residency ordinance makes it nearly impossible for them to find a place to live. The lawsuit, filed in U.S. District Court, Downtown, claims the county passed an ordinance in October 2007 intended to "augment the provisions of Pennsylvania's Megan's Law and better provide for the safety of the county's residents." The plaintiffs claim the ordinance prohibits them from moving in with family members or, in one case, from being released from prison to a community correction center. The plaintiffs want a federal judge to declare the law unconstitutional and bar the county from enforcing it.

Ex-Death Row Inmate Can't Collect Jury Award: Natasha Korecki from the Chicago Sun-Times reports that an ex-Death Row inmate and former Chicago cop, Steve Manning - who won a $6.5 million judgment against the FBI - cannot collect any of his jury award. A federal court of appeals upheld a lower court's ruling that barred Manning from collecting the jury award. After the jury decided in Manning's favor, he could have taken the money. Instead, Manning decided to have a judge decide additional claims against the government, which put his jury award in jeopardy, the three-judge panel explained in an 18-page opinion. Manning was given the death penalty on a murder conviction in Illinois and a life sentence for a kidnapping in Missouri. Both convictions were overturned. He then filed suit against the FBI, saying he was framed. The jury award was among the largest ever in an FBI frame case.

Schuylerville Man Faces 456 Charges Of Child Molestation: An article by Leigh Hornbeck, Times Union staff writer, reports that Donald Nitchman who breeds thoroughbred racehorses in Saratoga County of upstate New York has been charged with 456 counts of child molestation. Nitchman allegedly molested three boys, each of whom was 13 when the alleged abuse began. The alleged crimes occurred for three years between August 2004 and last June. If convicted, Nitchman could be sentenced to more than 100 years in prison, Saratoga County District Attorney James Murphy said.

News Scan

October 7, 2008 9:26 AM | Posted by CJLF Staff

Mom Who Drove Kids to Gang Fight Convicted of Murder: An article from the KTLA News reports that a Long Beach woman accused of driving her teenage son and his friends to confront a rival gang has been convicted of second degree murder. Eva Daley was charged with first-degree murder but the jury opted for the lesser conviction after deliberating for more than two days. The 35-year old mother of three faces 15 years to life in prison when she is sentenced Nov. 4.

Sex Offenders Sue County For Place To Live: According to an article by Jason Cato from the Tribune-Review, six convicted sex offenders sued Allegheny County, Pennsylvania, yesterday, claiming a restrictive residency ordinance makes it nearly impossible for them to find a place to live. The lawsuit, filed in U.S. District Court, Downtown, claims the county passed an ordinance in October 2007 intended to "augment the provisions of Pennsylvania's Megan's Law and better provide for the safety of the county's residents." The plaintiffs claim the ordinance prohibits them from moving in with family members or, in one case, from being released from prison to a community correction center. The plaintiffs want a federal judge to declare the law unconstitutional and bar the county from enforcing it.

Ex-Death Row Inmate Can't Collect Jury Award: Natasha Korecki from the Chicago Sun-Times reports that an ex-Death Row inmate and former Chicago cop, Steve Manning - who won a $6.5 million judgment against the FBI - cannot collect any of his jury award. A federal court of appeals upheld a lower court's ruling that barred Manning from collecting the jury award. After the jury decided in Manning's favor, he could have taken the money. Instead, Manning decided to have a judge decide additional claims against the government, which put his jury award in jeopardy, the three-judge panel explained in an 18-page opinion. Manning was given the death penalty on a murder conviction in Illinois and a life sentence for a kidnapping in Missouri. Both convictions were overturned. He then filed suit against the FBI, saying he was framed. The jury award was among the largest ever in an FBI frame case.

Schuylerville Man Faces 456 Charges Of Child Molestation: An article by Leigh Hornbeck, Times Union staff writer, reports that Donald Nitchman who breeds thoroughbred racehorses in Saratoga County of upstate New York has been charged with 456 counts of child molestation. Nitchman allegedly molested three boys, each of whom was 13 when the alleged abuse began. The alleged crimes occurred for three years between August 2004 and last June. If convicted, Nitchman could be sentenced to more than 100 years in prison, Saratoga County District Attorney James Murphy said.

Blog Scan

October 6, 2008 3:06 PM | Posted by Lauren Altdoerffer

The Blogs Are Alive With The Sound of Opening Arguments: With the first Monday in October came opening arguments at the United States Supreme Court, as well as several blog posts reporting on its activities. SCOTUSblog has a post reporting on today's activities at the Court, along with a link to today's transcripts and an analysis of oral arguments in Altria Group, et al., v. Good, et al. (07-562). Denniston also provided a post discussing today's Orders from the Court, and how the Court did not address Troy Anthony Davis’ appeal today. Dan Slater at Wall Street Journal Blog posted on the Altria argument, as well as Justice attendance an the annual Red Mass. And over at NRO, Jonathan Adler provides a preview of cases the Court will hear this term. At the end of his post Adler notes the Court has only accepted 53 cases for the term. According to Adler, the Court is likely to accept "at least a dozen or two more in the coming weeks." Without a lot of high profile cases on this year's docket, Adler reports this "is likely to be a relatively quiet year on the Court."

The Pace of Executions Post-Baze: Doug Berman has a post discussing the Death Penalty Information Center's (DPIC) report on executions in the United States after last term's decision in Baze v. Rees. Berman finds it "remarkable" that post-Baze states have executed prisoners at an average rate of about four executions per month, and "that we have not seen any post-Baze increase in executions even though the Baze case led to a halt of all executions for over six months." Berman's post also states that the DPIC report shows only Texas and Ohio with more than one upcoming set execution date.

Free Access to Sage Journals: Psychology and Crime News reports that Sage Journals will provide free access to all of its online journals through October 31st. All a reader needs to do is register first. Psychology and Crime News recommends that readers take a look at the newest issue of Criminal Justice and Behavior a special on “Pseudoscientific Policing Practices and Beliefs" for articles on criminal profiling, as well as a "critique of the FBI’s programme to introduce Critical Incident Stress Debriefing for its agents."

Blog Scan

October 6, 2008 3:06 PM | Posted by Lauren Altdoerffer

The Blogs Are Alive With The Sound of Opening Arguments: With the first Monday in October came opening arguments at the United States Supreme Court, as well as several blog posts reporting on its activities. SCOTUSblog has a post reporting on today's activities at the Court, along with a link to today's transcripts and an analysis of oral arguments in Altria Group, et al., v. Good, et al. (07-562). Denniston also provided a post discussing today's Orders from the Court, and how the Court did not address Troy Anthony Davis’ appeal today. Dan Slater at Wall Street Journal Blog posted on the Altria argument, as well as Justice attendance an the annual Red Mass. And over at NRO, Jonathan Adler provides a preview of cases the Court will hear this term. At the end of his post Adler notes the Court has only accepted 53 cases for the term. According to Adler, the Court is likely to accept "at least a dozen or two more in the coming weeks." Without a lot of high profile cases on this year's docket, Adler reports this "is likely to be a relatively quiet year on the Court."

The Pace of Executions Post-Baze: Doug Berman has a post discussing the Death Penalty Information Center's (DPIC) report on executions in the United States after last term's decision in Baze v. Rees. Berman finds it "remarkable" that post-Baze states have executed prisoners at an average rate of about four executions per month, and "that we have not seen any post-Baze increase in executions even though the Baze case led to a halt of all executions for over six months." Berman's post also states that the DPIC report shows only Texas and Ohio with more than one upcoming set execution date.

Free Access to Sage Journals: Psychology and Crime News reports that Sage Journals will provide free access to all of its online journals through October 31st. All a reader needs to do is register first. Psychology and Crime News recommends that readers take a look at the newest issue of Criminal Justice and Behavior a special on “Pseudoscientific Policing Practices and Beliefs" for articles on criminal profiling, as well as a "critique of the FBI’s programme to introduce Critical Incident Stress Debriefing for its agents."

Bell v. Kelly: What is a "Claim"?

October 3, 2008 3:06 PM | Posted by Kent Scheidegger

In 28 U.S.C. § 2254(d), the cornerstone reform of the Antiterrorism and Effective Death Penalty Act of 1996, Congress provided that a federal court cannot grant relief on a claim denied on the merits by a state court unless certain conditions are met, essentially unless the state court decision was outside the bounds of reasonable disagreement. This measure was a compromise between those who favored giving the state court decision as much respect as federal court decisions and those who favored the status quo ante of giving them no weight at all on questions of federal law.

But what exactly is a "claim"? That question is now before the Supreme Court in Bell v. Kelly, No. 07-1223, which just may be the "sleeper" case of this term. It hasn't received much attention yet, but the potential ramifications are large, especially for capital cases.

Continue reading Bell v. Kelly: What is a "Claim"?.

Bell v. Kelly: What is a "Claim"?

October 3, 2008 3:06 PM | Posted by Kent Scheidegger

In 28 U.S.C. § 2254(d), the cornerstone reform of the Antiterrorism and Effective Death Penalty Act of 1996, Congress provided that a federal court cannot grant relief on a claim denied on the merits by a state court unless certain conditions are met, essentially unless the state court decision was outside the bounds of reasonable disagreement. This measure was a compromise between those who favored giving the state court decision as much respect as federal court decisions and those who favored the status quo ante of giving them no weight at all on questions of federal law.

But what exactly is a "claim"? That question is now before the Supreme Court in Bell v. Kelly, No. 07-1223, which just may be the "sleeper" case of this term. It hasn't received much attention yet, but the potential ramifications are large, especially for capital cases.

Continue reading Bell v. Kelly: What is a "Claim"?.

News Scan

September 16, 2008 11:08 AM | Posted by CJLF Staff

India’s Use of Brain Scans in Courts Is Debated: NY Times writer Anand Giridharadas, reports that India has become the first country to convict someone of a crime relying on evidence from a brain scan. This controversial machine involves a brain scanner that produces images of the human mind in action and is said to reveal signs that a suspect remembers details of the crime in question. The technologies, generally regarded as promising but unproved, have yet to be widely accepted as evidence — except in India. It was only in June, in a murder case in Pune, in Maharashtra State, that a judge explicitly cited a scan as proof that the suspect’s brain held “experiential knowledge” about the crime that only the killer could possess, sentencing her to life in prison. Some believe it could transform investigations as much as DNA evidence has. But many experts in psychology and neuroscience were troubled that it was used to win a criminal conviction before being validated by any independent study and reported in a respected scientific journal.

Dallas County DA Wants To Re-examine Nearly All Of Pending Death Row Cases: According to a story by Jennifer Emily and Steve McGonigle from the Dallas Morning News, District Attorney Craig Watkins, convinced by the problems exposed by 19 death penalty convictions, said he should ensure that no death row inmate is actually innocent. He wants to re-examine nearly 40 death penalty convictions and would seek to halt executions, if necessary, to give the reviews time to proceed. Toby Shook, who sent several people to death row while he was a Dallas County prosecutor, said Mr. Watkins was imposing an unnecessary new level of review and a hardship on victims' families. To halt an execution, judges from the trial court where the conviction was obtained would have to sign the order to approve withdrawing the execution date, said Dallas County state District Judge Andy Chatham. Judge Chatham, who signed the order to withdraw Mr. Lave's execution date, said Monday that any similar requests would need specific reasons for stopping the execution. Those reasons are DNA testing or a writ of habeas corpus that showed the need for additional court proceedings.

News Scan

September 16, 2008 11:08 AM | Posted by CJLF Staff

India’s Use of Brain Scans in Courts Is Debated: NY Times writer Anand Giridharadas, reports that India has become the first country to convict someone of a crime relying on evidence from a brain scan. This controversial machine involves a brain scanner that produces images of the human mind in action and is said to reveal signs that a suspect remembers details of the crime in question. The technologies, generally regarded as promising but unproved, have yet to be widely accepted as evidence — except in India. It was only in June, in a murder case in Pune, in Maharashtra State, that a judge explicitly cited a scan as proof that the suspect’s brain held “experiential knowledge” about the crime that only the killer could possess, sentencing her to life in prison. Some believe it could transform investigations as much as DNA evidence has. But many experts in psychology and neuroscience were troubled that it was used to win a criminal conviction before being validated by any independent study and reported in a respected scientific journal.

Dallas County DA Wants To Re-examine Nearly All Of Pending Death Row Cases: According to a story by Jennifer Emily and Steve McGonigle from the Dallas Morning News, District Attorney Craig Watkins, convinced by the problems exposed by 19 death penalty convictions, said he should ensure that no death row inmate is actually innocent. He wants to re-examine nearly 40 death penalty convictions and would seek to halt executions, if necessary, to give the reviews time to proceed. Toby Shook, who sent several people to death row while he was a Dallas County prosecutor, said Mr. Watkins was imposing an unnecessary new level of review and a hardship on victims' families. To halt an execution, judges from the trial court where the conviction was obtained would have to sign the order to approve withdrawing the execution date, said Dallas County state District Judge Andy Chatham. Judge Chatham, who signed the order to withdraw Mr. Lave's execution date, said Monday that any similar requests would need specific reasons for stopping the execution. Those reasons are DNA testing or a writ of habeas corpus that showed the need for additional court proceedings.

Blog Scan

September 15, 2008 3:06 PM | Posted by Lauren Altdoerffer

Senate Impact on Liberal Judicial Nominees: On Saturday, Jonathan Adler posted his thoughts on whether conservatives would attempt to block any of Obama's judicial nominees. Adler's post was prompted by this MSNBC article. While Adler states he probably won't like any of Obama's pics for the Supreme Court, he also states his belief that "the Senate's "advise and consent" role should be limited to ensuring that judicial nominees have the necessary qualifications and temperament..." Adler then discusses Alexander Hamilton's Federalist 76, where Hamilton explained that primary purpose of Senate confirmation is to place a "check upon a spirit of favoritism in the President" and "to prevent the appointment of unfit characters from State prejudice, from family connection, from personal attachment, or from a view to popularity." Adler hopes the Senate will stay true to this philosophy and let qualified liberal nominees through without too much of a fight. He also promises to blog more later on some of the comments that follow the post.

New SSRN Articles on the Eighth Amendment: Doug Berman at Sentencing Law and Policy has a post providing links to two new SSRN articles discussing the Eighth Amendment. The first article is by Corey Rayburn Yung (blogger at Sex Crimes) and asks "Is Military Law Relevant to the 'Evolving Standards of Decency' Embodied in the Eighth Amendment?" Berman says the second article, "The Court of Life and Death: The Two Tracks of Constitutional Sentencing Law and the Case for Uniformity," discusses the Eighth Amendment more generally. Berman's post has the text of each Abstract, and you can download each by clicking "Choose Download Location" link near the top of each SSRN page.

Blog Scan

September 15, 2008 3:06 PM | Posted by Lauren Altdoerffer

Senate Impact on Liberal Judicial Nominees: On Saturday, Jonathan Adler posted his thoughts on whether conservatives would attempt to block any of Obama's judicial nominees. Adler's post was prompted by this MSNBC article. While Adler states he probably won't like any of Obama's pics for the Supreme Court, he also states his belief that "the Senate's "advise and consent" role should be limited to ensuring that judicial nominees have the necessary qualifications and temperament..." Adler then discusses Alexander Hamilton's Federalist 76, where Hamilton explained that primary purpose of Senate confirmation is to place a "check upon a spirit of favoritism in the President" and "to prevent the appointment of unfit characters from State prejudice, from family connection, from personal attachment, or from a view to popularity." Adler hopes the Senate will stay true to this philosophy and let qualified liberal nominees through without too much of a fight. He also promises to blog more later on some of the comments that follow the post.

New SSRN Articles on the Eighth Amendment: Doug Berman at Sentencing Law and Policy has a post providing links to two new SSRN articles discussing the Eighth Amendment. The first article is by Corey Rayburn Yung (blogger at Sex Crimes) and asks "Is Military Law Relevant to the 'Evolving Standards of Decency' Embodied in the Eighth Amendment?" Berman says the second article, "The Court of Life and Death: The Two Tracks of Constitutional Sentencing Law and the Case for Uniformity," discusses the Eighth Amendment more generally. Berman's post has the text of each Abstract, and you can download each by clicking "Choose Download Location" link near the top of each SSRN page.

Blog Scan

September 12, 2008 3:11 PM | Posted by Lauren Altdoerffer

Some New SSRN Articles: Doug Berman at Sentencing Law and Policy has this post with links to two new articles on SSRN. The first article, Prosecutorial Shaming by Adam M. Gershowitz, examines "instances in which appellate courts reverse convictions for serious prosecutorial misconduct but do not identify the names of the prosecutors who committed the misconduct." It then argues that "[t]he naming of prosecutors will shame bad actors, provide a valuable pedagogical lesson for junior prosecutors, and signal to trial judges that certain prosecutors must be monitored more closely to avoid future misconduct." The second article, Guidelines Simplification: Still an Urgent Priority Post-Booker is by Michael M. O'Hear. The article advocates the simplification of Federal Sentencing Guidelines, to "provide fairer sentences, better accommodate new procedural safeguards, and insulate the Guidelines from counterproductive tinkering by the political branches."

If You Are In Washington, D.C. in the Next Three Weeks: Ben Winograd has provided a post listing the Upcoming Supreme Court Preview Panels that will be taking place in Washington D.C. before the start of the Supreme Court term. The National Chamber Litigation Center will have former U.S. Solicitor Generals Paul Clement and Seth Waxman on Tuesday, Sept. 23rd. The following day, Orin Kerr will be on a panel at the American Constitution Society. Next Tuesday, Sept. 17, Tom Goldstein will be on a panel at the Cato Institute.

Does 18 U.S.C. 242 Permit the Death Penalty for Rape? Yesterday, Sex Crimes had a post linking to Orin Kerr's response to this question over at the Volokh Conspiracy. Kerr initially but tentatively answered, that yes, 18 U.S.C. § 242 does permit the death penalty for rape. As you can see, both posts quote our very own Kent Scheidegger. Kent correctly pointed out 18 U.S.C. § 3591(a)(2), a statute which makes death of the victim is a prerequisite to the death penalty in all but a very limited set of cases. (Treason and espionage come under paragraph (1).)

Blog Scan

September 12, 2008 3:11 PM | Posted by Lauren Altdoerffer

Some New SSRN Articles: Doug Berman at Sentencing Law and Policy has this post with links to two new articles on SSRN. The first article, Prosecutorial Shaming by Adam M. Gershowitz, examines "instances in which appellate courts reverse convictions for serious prosecutorial misconduct but do not identify the names of the prosecutors who committed the misconduct." It then argues that "[t]he naming of prosecutors will shame bad actors, provide a valuable pedagogical lesson for junior prosecutors, and signal to trial judges that certain prosecutors must be monitored more closely to avoid future misconduct." The second article, Guidelines Simplification: Still an Urgent Priority Post-Booker is by Michael M. O'Hear. The article advocates the simplification of Federal Sentencing Guidelines, to "provide fairer sentences, better accommodate new procedural safeguards, and insulate the Guidelines from counterproductive tinkering by the political branches."

If You Are In Washington, D.C. in the Next Three Weeks: Ben Winograd has provided a post listing the Upcoming Supreme Court Preview Panels that will be taking place in Washington D.C. before the start of the Supreme Court term. The National Chamber Litigation Center will have former U.S. Solicitor Generals Paul Clement and Seth Waxman on Tuesday, Sept. 23rd. The following day, Orin Kerr will be on a panel at the American Constitution Society. Next Tuesday, Sept. 17, Tom Goldstein will be on a panel at the Cato Institute.

Does 18 U.S.C. 242 Permit the Death Penalty for Rape? Yesterday, Sex Crimes had a post linking to Orin Kerr's response to this question over at the Volokh Conspiracy. Kerr initially but tentatively answered, that yes, 18 U.S.C. § 242 does permit the death penalty for rape. As you can see, both posts quote our very own Kent Scheidegger. Kent correctly pointed out 18 U.S.C. § 3591(a)(2), a statute which makes death of the victim is a prerequisite to the death penalty in all but a very limited set of cases. (Treason and espionage come under paragraph (1).)

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