The Federalist Society's teleforum on felon voting from last August is now available as podcast here. Participants are Nancy Abudu of the ACLU and Hans von Spakovsky of the Heritage Foundation. Roger Clegg of the Center for Equal Opportunity moderates.
A person who commits murder at the age of 17 years, 364 days is exempt from the death penalty, regardless of how horrible the crime or how many people he kills.
Should that one day further exempt the murderer from a true life-without-parole sentence, holding out the possibility of parole regardless of the crime? Should the 17-year-old get a double discount for murder compared to the 18-year-old? Some people think so. California State Senator Leland Yee is trying again. He has put cosmetic changes on his bill, SB9, but it still amounts to a possibility of parole.
Crime Victims Action Alliance has this update, with links to contact Assembly members.
Note: California already exempts under-16s, so people who say this bill is about "children" are using an ambiguous term in an intentionally deceptive way. [Try standing in front of a class of high school juniors and saying, "Good morning, children." See what kind of reaction you get.]
Should that one day further exempt the murderer from a true life-without-parole sentence, holding out the possibility of parole regardless of the crime? Should the 17-year-old get a double discount for murder compared to the 18-year-old? Some people think so. California State Senator Leland Yee is trying again. He has put cosmetic changes on his bill, SB9, but it still amounts to a possibility of parole.
Crime Victims Action Alliance has this update, with links to contact Assembly members.
Note: California already exempts under-16s, so people who say this bill is about "children" are using an ambiguous term in an intentionally deceptive way. [Try standing in front of a class of high school juniors and saying, "Good morning, children." See what kind of reaction you get.]
The calendar for April arguments in the US Supreme Court is available here. There are no state criminal cases or state-prisoner habeas cases on the docket. Should we be grateful for "salutary neglect"?
On Tuesday, April 17, the Court hears argument on the retroactivity of the rollback of the crack v. powder cocaine sentencing ratio. There are a number of prior posts on this blog on the subject, including
Obama Signs Reagan Version of Crack Sentencing
The Crack Ratio
Crack Retroactivity and Plata
Crack Sentencing
The big case in terms of press coverage will be the Arizona immigration case on Wednesday, April 25.
On Tuesday, April 17, the Court hears argument on the retroactivity of the rollback of the crack v. powder cocaine sentencing ratio. There are a number of prior posts on this blog on the subject, including
Obama Signs Reagan Version of Crack Sentencing
The Crack Ratio
Crack Retroactivity and Plata
Crack Sentencing
The big case in terms of press coverage will be the Arizona immigration case on Wednesday, April 25.
Loughner Still Not Competent to Stand Trial: Michael Kiefer of The Arizona Republic reports U.S. District Judge Larry Burns wrote in a court order Thursday that a psychologist says Jared Loughner is still not mentally competent to stand trial. Diagnosed as a schizophrenic, Loughner has been confined to the federal prison hospital in Missouri since March, where he will likely remain for four more months. Loughner's principal psychologist said she believes he has made progress and can eventually be restored to competence. Burns ordered a hearing take place Monday in San Diego to discuss the matter with the defense attorneys and federal prosecutors. Loughner, 23, is charged with 49 felonies stemming from the January 8, 2011 shooting rampage in Tuscon, where six people were killed and thirteen others wounded.
CA Supreme Court Overturns Death Sentence for Man Who Burned Woman Over $100: Maura Dolan of the Los Angeles Times reports the California Supreme Court Thursday voted unanimously to overturn the death sentence for Gary Galen Brents, ruling that Orange County Superior Court Judge John J. Ryan failed to properly instruct the jury. Brents was convicted of the 1995 murder of Kelly Gordon. Gordon had agreed to sell $100 worth of methamphetamine for Brents. When he went to collect and she didn't have the drugs or money, Brents tried to suffocate Gordon, and choked her. He then put her in the trunk of a car, drove to a remote location, poured gasoline on her and the outside of the car, and lit the gasoline on fire. Trapped in the trunk, Gordon burned to death. The Orange County district attorney's office is reviewing the ruling. The opinion is here.
30 Bales of Marijuana Found Floating in Pacific Ocean: Robert J. Lopez of the Los Angeles Times reports 30 bales of marijuana, estimated to be worth about $500,000 on the street, were found floating in the waters off Marina Del Rey, CA. The bales were spotted by a boater Wednesday and recovered by the Los Angeles County Sheriff's Department with the help of lifeguards. The bales were turned over to the U.S. Customs and Border Protection Agency.
CA Supreme Court Overturns Death Sentence for Man Who Burned Woman Over $100: Maura Dolan of the Los Angeles Times reports the California Supreme Court Thursday voted unanimously to overturn the death sentence for Gary Galen Brents, ruling that Orange County Superior Court Judge John J. Ryan failed to properly instruct the jury. Brents was convicted of the 1995 murder of Kelly Gordon. Gordon had agreed to sell $100 worth of methamphetamine for Brents. When he went to collect and she didn't have the drugs or money, Brents tried to suffocate Gordon, and choked her. He then put her in the trunk of a car, drove to a remote location, poured gasoline on her and the outside of the car, and lit the gasoline on fire. Trapped in the trunk, Gordon burned to death. The Orange County district attorney's office is reviewing the ruling. The opinion is here.
30 Bales of Marijuana Found Floating in Pacific Ocean: Robert J. Lopez of the Los Angeles Times reports 30 bales of marijuana, estimated to be worth about $500,000 on the street, were found floating in the waters off Marina Del Rey, CA. The bales were spotted by a boater Wednesday and recovered by the Los Angeles County Sheriff's Department with the help of lifeguards. The bales were turned over to the U.S. Customs and Border Protection Agency.
Sopheng Cheang reports for AP:
A U.N.-backed tribunal's Supreme Court lengthened the sentence for the Khmer Rouge's chief jailer to life imprisonment on Friday because of his "shocking and heinous" crimes against the Cambodian people.
The surprise ruling increased a lower court's 19-year sentence for Kaing Guek Eav, known as Duch. Prosecutors had appealed the sentence as too lenient, and outraged survivors had feared the man who oversaw the torture and killing of thousands could one day walk free.
The latter possibility was actually quite remote, given that "Duch" is 69 years old and highly unlikely to survive 19 years in prison. Even so, I suppose the sentence increase is useful as a symbol.
The sentence remains inadequate, though. Due to the U.N.'s involvement, the tribunal is incapable of imposing the death penalty, the only punishment that comes close to sufficient for this man's unspeakable crimes.
The world's worst criminals can be adequately punished, as Saddam Hussein was, only when the Europeans, the U.N., and the International Criminal Court are kept out of the decision. That is regrettable, but that is the way it is.
After 44 Arrests and No Convictions, Man Now Faces 32 Years: Nathan Gorenstein from the Philadelphia Inquirer reports John Gassew, 25, who avoided any sort of a conviction in state courts despite having been arrested 44 times, will now serve at least 32 years in federal prison. The primary reason for the previous lack of convictions is that victims failed to appear in court to testify. In the first of two robberies he was convicted for, Gassew held up a
7-Eleven and beat a store clerk with a .45-caliber semiautomatic
pistol. Gassew then proceeded to drive a stolen truck into a tree,
drawing police attention, and fled the scene,
leaving his gun behind in the vehicle. After two days of jury deliberation, Gassew was found guilty of
two counts of robbery and two counts of violating the Hobbs Act by
carrying a firearm during the commission of a violent crime. Federal prosecutors have used the Hobbs Act to charge robbers who hit gas stations, convenience stores, and other businesses that can be shown to be involved in interstate commerce. He will be
formally sentenced in May.
Mississippi Supreme Court to Take Pardons Case: The Associated Press reports the Mississippi Supreme Court said Wednesday it will take up the legal challenge to the pardons issued by outgoing Governor Haley Barbour. State Attorney General Jim Hood wants to invalidate dozens of the 198 pardons Barbour handed out. Hood says only about two dozen of those pardoned followed the Mississippi Constitution's requirement to publish notice about their reprieve in their local newspapers for 30 days. Ten of the people who received full pardons were still incarcerated when they received the reprieves. "It's a core question of separation of powers between the branches of government. It's an important question that the Supreme Court has to answer," said Matt Steffey, a constitutional law professor at Mississippi College. The state Supreme Court set a hearing for February 9.
Teacher Charged With 23 Counts of Lewd Conduct in Classroom Keeps Benefits: Howard Blume of the Los Angeles Times reports former elementary school teacher Mark Berndt, who is charged with 23 counts of lewd conduct in his classroom including spoon-feeding his semen to blind-folded children, will retain his life-time health benefits from his school district in addition to his pension because he technically resigned and was never officially fired. Vivian Ekchian, chief human resources officer for L.A. Unified, says the district is looking at its options for trying to rescind those benefits if Berndt is convicted. His retirement benefits are not at issue, because "a teacher will receive their pension regardless of the reason for their termination" said Michelle Mussuto, a spokeswoman for CalSTRS.
Mississippi Supreme Court to Take Pardons Case: The Associated Press reports the Mississippi Supreme Court said Wednesday it will take up the legal challenge to the pardons issued by outgoing Governor Haley Barbour. State Attorney General Jim Hood wants to invalidate dozens of the 198 pardons Barbour handed out. Hood says only about two dozen of those pardoned followed the Mississippi Constitution's requirement to publish notice about their reprieve in their local newspapers for 30 days. Ten of the people who received full pardons were still incarcerated when they received the reprieves. "It's a core question of separation of powers between the branches of government. It's an important question that the Supreme Court has to answer," said Matt Steffey, a constitutional law professor at Mississippi College. The state Supreme Court set a hearing for February 9.
Teacher Charged With 23 Counts of Lewd Conduct in Classroom Keeps Benefits: Howard Blume of the Los Angeles Times reports former elementary school teacher Mark Berndt, who is charged with 23 counts of lewd conduct in his classroom including spoon-feeding his semen to blind-folded children, will retain his life-time health benefits from his school district in addition to his pension because he technically resigned and was never officially fired. Vivian Ekchian, chief human resources officer for L.A. Unified, says the district is looking at its options for trying to rescind those benefits if Berndt is convicted. His retirement benefits are not at issue, because "a teacher will receive their pension regardless of the reason for their termination" said Michelle Mussuto, a spokeswoman for CalSTRS.
A poll by Oregon Public Broadcasting and DHM Research shows little change in public support -- still overwhelmingly in favor. Kristian Foden-Vencil has this story at OPB News. "The poll found that 57 percent favor the death penalty for some crimes; 39 percent oppose it. Four percent say they don't know." The story does not give the exact wording of the question, which we know from other polls matters a lot. DHM's website does not mention the poll at all.
New York Gov. Proposes More Flexible Probation Sentencing Laws: Reuters reports New York Governor Andrew Cuomo, as part of the state budget proposal, wants to make New York's probation sentencing laws more flexible. For most felony convictions, the sentence would be three to five years, instead of the current mandatory sentence of five years. For Class A and unclassified misdemeanors, the probation sentence would be two to three years, instead of the current mandatory three years. Cuomo's budget also includes the measure to expand the state's criminal DNA database, and a measure that would allow criminal courts to order the forfeiture of the money earned in the commission of a crime. Under current state law, those convicted of misdemeanors can keep the money they gain from their crimes, and prosecutors must sue those convicted of felonies to take back any criminal profits.
CA Assembly Passes Three-Strikes Reform: Jim Sanders of The Sacramento Bee reports the California Assembly Tuesday passed AB 327, which would alter California's existing three-strikes law, by a vote of 41-33. The legislation would provide that an offender be sentenced to a 25 year to life prison term for a third strike only if the third strike is for a violent or serious felony, with some exclusions for certain previous crimes.The bill would only become effective if approved by voters at the November 2014 statewide general election. The bill now goes to the state Senate.
New CrimePush App Available on iTunes Today: Anushay Hossain, a Forbes Woman contributor, reports the CrimePush App, which allows smartphone users to quickly and discreetly report crimes, is available on iTunes today. Users can take a photo, record video and audio, and provide the location of the crime and a text description of the incident. Users can also report the crimes anonymously.
CA Assembly Passes Three-Strikes Reform: Jim Sanders of The Sacramento Bee reports the California Assembly Tuesday passed AB 327, which would alter California's existing three-strikes law, by a vote of 41-33. The legislation would provide that an offender be sentenced to a 25 year to life prison term for a third strike only if the third strike is for a violent or serious felony, with some exclusions for certain previous crimes.The bill would only become effective if approved by voters at the November 2014 statewide general election. The bill now goes to the state Senate.
New CrimePush App Available on iTunes Today: Anushay Hossain, a Forbes Woman contributor, reports the CrimePush App, which allows smartphone users to quickly and discreetly report crimes, is available on iTunes today. Users can take a photo, record video and audio, and provide the location of the crime and a text description of the incident. Users can also report the crimes anonymously.
SF Chrontrarian Debra Saunders has this column on the further degeneration of Occupy Oakland:
Occupy Oakland protesters broke into City Hall on Saturday, sprayed graffiti, toppled a historic model of City Hall and children's artwork, stole and then burned an American flag, sprayed graffiti and otherwise trashed the people's building. Police arrested about 400 people. Mayor Jean Quan likened the activists' behavior to "a tantrum," as she complained Occupy activists have been treating the city "like a playground."
Georgia to Execute Killer of 3-Year-Old Girl and Mother: The Associated Press reports Nicholas Cody Tate, 31, is scheduled to be executed at 7 p.m. local time in Georgia today. In 2001, Tate and two of his younger brothers purchased ammunition, duct tape, and knives at a sporting goods store before going to the home of Chrissie Williams, where they believed she had a stash of drugs and cash. Tate's brother tried to strangle Williams' 3-year-old daughter, Katelyn, with a telephone cord before using Tate's knife to slit her throat. Tate put a seat cushion over Williams' head, killing her with one shot. The brothers fled to Mississippi, where they kidnapped a 23-year-old woman from a gas station. After releasing her, they kept her car and headed toward Oklahoma before calling their parents and negotiating their surrender to police. Tate was sentenced to death in 2005. His brothers were sentenced to life in prison. In 2009 he said he wanted to waive all future appeals. Update: The execution has been postponed, Greg Bluestein reports for AP.
CA Supreme Court Rules on Self-Representation for Mentally Disturbed Defendants: Bob Egelko of the San Francisco Chronicle reports the California Supreme Court ruled "gray-area defendants" (those competent to stand trial but who lack the mental health or capacity to represent themselves) can be denied self-representation and be required to accept a lawyer. The ruling upheld the convictions for Andrew D. Johnson, who in June 2007 committed a brutal sexual assault on a bartender, and later that day hit a man at a sandwich shop in the head with a metal chair. A judge withdrew his permission for Johnson to act as his own lawyer, and he was represented by an attorney despite his rejections. The state Supreme Court said "the trial court acted within its discretion in revoking defendant's self-representation status." The opinion is here.
CA Supreme Court Rules on Self-Representation for Mentally Disturbed Defendants: Bob Egelko of the San Francisco Chronicle reports the California Supreme Court ruled "gray-area defendants" (those competent to stand trial but who lack the mental health or capacity to represent themselves) can be denied self-representation and be required to accept a lawyer. The ruling upheld the convictions for Andrew D. Johnson, who in June 2007 committed a brutal sexual assault on a bartender, and later that day hit a man at a sandwich shop in the head with a metal chair. A judge withdrew his permission for Johnson to act as his own lawyer, and he was represented by an attorney despite his rejections. The state Supreme Court said "the trial court acted within its discretion in revoking defendant's self-representation status." The opinion is here.
Appeals Court Upholds Stolen Valor Act: Ivan Moreno of the Associated Press reports the 10th U.S. Circuit Court of Appeals ruled Friday that the Stolen Valor Act is constitutional. The ruling reverses a district court's decision that the Stolen Valor Act violates the First Amendment, saying the U.S. government had not presented any compelling reason to restrict that specific type of speech. That case out of Colorado involves Rick Strandlof, who founded a veterans group and said he had received the Purple Heart and Silver Star. He was charged with violating the law in 2009 and his case was later dismissed by a federal judge. The opinion from the 10th U.S. Circuit Court of Appeals is here. The U.S. Supreme Court will take up the issue in February in the case of United States v. Alvarez, after the 9th U.S. Circuit Court of Appeals struck down the law. CJLF's brief with the Legion of Valor for that case is here.
NY Bar Association Proposes Removing Some Felonies From Public Records: Russ Buettner of The New York Times reports the New York Bar Association's proposal to create a way to remove some nonviolent felony convictions, under certain conditions, from a person's public record was approved Friday by the association's House of Delegates. The change would allow misdemeanor convictions and a single nonviolent felony conviction under certain circumstances to be sealed with the approval of a judge. An offender would have to wait five years after a misdemeanor conviction or eight years after a felony conviction, without committing any crimes during the waiting period, before the record could be sealed. Sealed records would become public again if an offender committed another crime.
First Trial Under Racial Justice Act: Paul Woolverton of The Fayetteville Observer reports the first hearing in North Carolina under the Racial Justice Act began today for Marcus Reymond Robinson, who was sentenced to death for robbing and killing a 17-year-old boy in 1991. Robinson's Racial Justice Act claim says prosecutors dismissed half of the black jurors and only 15 percent of the non-black jurors. The victim's stepmother said the court system wasn't racist, but Robinson was. He is black, and his victim is white. She said a witness testified at the trial that Robinson said he was going to "kill a whitey."
NY Bar Association Proposes Removing Some Felonies From Public Records: Russ Buettner of The New York Times reports the New York Bar Association's proposal to create a way to remove some nonviolent felony convictions, under certain conditions, from a person's public record was approved Friday by the association's House of Delegates. The change would allow misdemeanor convictions and a single nonviolent felony conviction under certain circumstances to be sealed with the approval of a judge. An offender would have to wait five years after a misdemeanor conviction or eight years after a felony conviction, without committing any crimes during the waiting period, before the record could be sealed. Sealed records would become public again if an offender committed another crime.
First Trial Under Racial Justice Act: Paul Woolverton of The Fayetteville Observer reports the first hearing in North Carolina under the Racial Justice Act began today for Marcus Reymond Robinson, who was sentenced to death for robbing and killing a 17-year-old boy in 1991. Robinson's Racial Justice Act claim says prosecutors dismissed half of the black jurors and only 15 percent of the non-black jurors. The victim's stepmother said the court system wasn't racist, but Robinson was. He is black, and his victim is white. She said a witness testified at the trial that Robinson said he was going to "kill a whitey."
In this week's NCJRS Weekly Accessions List, we find a study that appears to be good news, at least from the abstract (emphasis added):
The study is Monic P. Behnken, Jonathan W. Caudill, Mark T. Berg, Chad R. Trulson, Matt DeLisi, Marked for Death: An Empirical Criminal Careers Analysis of Death Sentences in a Sample of Convicted Male Homicide Offenders, Journal of Criminal Justice Volume:39 Issue:6 Dated:November/December 2011 Pages:471 to 478.
So murderers are sentenced to death or not depending on how many people they kill and what crimes they have committed before, not depending on their race. That is exactly how it should be. That last part has to be hedged, of course, to allow for the possibility of a strained race-based argument in the future.
In the Poisson models for the full sample, several criminal-career variables were significantly associated with subsequent death sentences. These variables included an early onset of antisocial behavior as measured by juvenile arrests and prior rape, robbery, and molestation offending. In both models, which focused on separate instant offenses and the violent and property offenses, prior prison sentences predicted subsequent death sentences. These findings suggest that violent, recidivistic offenders who are routinely incarcerated throughout their life course might be sentenced to death for a capital offense. This pattern is consistent with the behavioral continuity that is a cardinal feature of criminal careers research. The number of murdered victims significantly predicted death sentences, which supports prior research that found multiple homicide victims was the strongest predictor of receiving a death sentence. An offender's race had no predictive effect on death sentences in the current sample; however, the coupling of criminal career information and race-dyad effects is an important issue for future research.
The study is Monic P. Behnken, Jonathan W. Caudill, Mark T. Berg, Chad R. Trulson, Matt DeLisi, Marked for Death: An Empirical Criminal Careers Analysis of Death Sentences in a Sample of Convicted Male Homicide Offenders, Journal of Criminal Justice Volume:39 Issue:6 Dated:November/December 2011 Pages:471 to 478.
So murderers are sentenced to death or not depending on how many people they kill and what crimes they have committed before, not depending on their race. That is exactly how it should be. That last part has to be hedged, of course, to allow for the possibility of a strained race-based argument in the future.
Christina Hoff Sommers has this op-ed at the Washington Post on a study by the Centers for Disease Control that is completely off the wall.
How many people are raped each year? That is a difficult question to answer. The FBI's Uniform Crime Report tells us that 84,767 rapes were reported to law enforcement in 2010, but of course not all rapes are reported. Not even a majority. The National Crime Victimization Survey, which calls up a sample of people Gallup-style and asks them, estimates more than twice as many -- 188,380. But now the CDC claims there are nearly seven times that many rapes and seventy times that many incidents of sexual violence.
How do they figure? According to Sommers, "It found them by defining sexual violence in impossibly elastic ways and then letting the surveyors, rather than subjects, determine what counted as an assault." How bad does it get?
How many people are raped each year? That is a difficult question to answer. The FBI's Uniform Crime Report tells us that 84,767 rapes were reported to law enforcement in 2010, but of course not all rapes are reported. Not even a majority. The National Crime Victimization Survey, which calls up a sample of people Gallup-style and asks them, estimates more than twice as many -- 188,380. But now the CDC claims there are nearly seven times that many rapes and seventy times that many incidents of sexual violence.
How do they figure? According to Sommers, "It found them by defining sexual violence in impossibly elastic ways and then letting the surveyors, rather than subjects, determine what counted as an assault." How bad does it get?
Continue reading Junk Science.
A few days ago, I put up an entry about a previously convicted killer serving LWOP who knifed to death a prison guard. The next day, the story was picked up by Sentencing Law and Policy, a popular legal blog. SL&P, although center-left in its orientation, noted that a case of that sort makes it very problematic categorically to oppose the death penalty.
The story generated (so far) 68 comments, which is a very large number by the standards of that blog. A dozen abolitionists chimed in. I repeatedly asked them the following question:
"What punishment, short of the death penalty, do you suggest for this case that is (1) consistent with the Eighth Amendment, (2) likely to deter LWOP inmates from murder, and (3) proportionate to the offense?"
I first posed the question five days ago. Most readers of C&C will not be surprised to learn that, through all 68 comments, not a single abolitionist has answered it.
The reason is not that hard to figure out. They don't have an answer.
So in what condition does that leave abolitionism today?
Continue reading Abolitionism Runs Aground.
Tougher CA Parole-Revoking Rules Struck Down: Bob Egelko of the San Francisco Chronicle reports a federal judge Thursday ruled that all of California's Proposition 9 provisions for parole revocation were invalid. Proposition 9, passed in 2008, did not guarantee parolees the right to present evidence at
the hearings, allowed parole agents to testify about
incriminating statements by witnesses who were not in court, required the state to provide lawyers only for parolees who appeared
unable to defend themselves, and required the parole board to give more consideration to "the safety of victims and the public" than to the costs and burdens of imprisonment when deciding whether to revoke parole. The ruling does not affect other sections of Proposition 9, which requires prisoners serving life terms to wait up to 15 years between parole hearings and expands the rights of crime victims and their families for taking part in parole proceedings. State prison officials are reviewing the ruling.
Medical Care for Aging Inmates Puts Strain on Prisons: The Associated Press reports elderly inmates are an increasing population in U.S. prisons. Officials are grappling with how to balance cost factors and public safety while meeting the expensive needs of aging inmates at a time when state budgets are tight. Prison officials have to address questions like whether to install handicap toilets and grab bars in some cells, how to accommodate wheelchairs, or how to manage inmates with dementia. Some states have turned to medical parole, hospice programs, and assisted living facilities. Inmates' health tends to decline more rapidly than the traditional U.S. population due to long-term substance abuse and poor health maintenance. "You can't just generalize about these prisoners," said Texas State Rep. Jerry Madden, chairman of the House Corrections Committee. "Some are still extremely dangerous, some may not be.... Some you wouldn't want in the same assisted living facility with your parents or grandparents."
Komisarjevsky Formally Sentenced to Death in Connecticut Home Invasion Murders: The Associated Press reports Joshua Komisarjevsky was formally sentenced to death in Connecticut today. Komisarjevsky denied having any part in the three killings he was convicted of. Dr. William Petit, who survived the attack, called the loss of his wife and two daughters "a personal holocaust." Komisarjevsky will join his accomplice on death row. Both men were on parole at the time of the deadly home invasion crime. The 2007 attack sparked tougher state laws for repeat offenders and home invasions, and led to the defeat of a bill to abolish the death penalty in Connecticut.
Executions Stayed in Ohio and Texas: Christine Lee of NBC 5 Dallas-Forth Worth and the Associated Press report Donald Newbury, one of the "Texas 7," has won a stay in his execution scheduled for February 1 for killing a police officer after escaping from a Texas prison in 2000. U.S. Supreme Court Justice Antonin Scalia granted the stay Thursday after Newbury's attorneys argued it should be granted while the U.S. Supreme Court considers a case out of Arizona that questions death row inmates' entitlement to better legal assistance during their initial appeals. In Ohio, the Associated Press reports a federal judge on Wednesday delayed the execution of Michael Webb, who was scheduled to be executed February 22 for the 1990 arson death of his 3-year-old son. U.S. District Judge Gregory Frost's one-page ruling addressed challenges to Ohio's lethal injection procedures and a debate over whether executions should be halted due to minor variations to the policies. Frost delayed the execution of Charles Lorraine earlier this month, saying the state deviated from its execution policies. Ohio has filed a motion with the U.S. Supreme Court to overturn that ruling. Ohio Attorney General Mike DeWine says minor variations in the execution policy are not the same thing as an unconstitutional system, and even Frost has said the rulings are not a commentary on the constitutionality of the state's execution procedures.
RI Senate Panel Endorses Tougher Good-Time Credits Legislation: David Klepperof the Associated Press reports the Rhode Island Senate Judiciary Committee voted to endorse legislation written by Attorney General Peter Kilmartin that would make offenders of certain crimes ineligible from earning "good-time" credits. The measure was prompted by last year's release of Michael Woodmansee, who shaved 12 years off his 40 year sentence after being convicted of killing a 5-year-old boy and keeping his bones in his bedroom. The boy's family said no one should have to suffer like they did when they learned Woodmansee was being released early due to good behavior. "We're only talking about the worst of the worst here. Child molesters. Murderers. Rapists. They just shouldn't be allowed to get out early," said John Foreman V. The director of the state's Department of Corrections says prison bills will be higher if more prisoners are serving their entire sentence. "Of course it would be additional costs," said Senator Glenford Shibley (R-Coventry). "But some things are worth the cost."
Medical Care for Aging Inmates Puts Strain on Prisons: The Associated Press reports elderly inmates are an increasing population in U.S. prisons. Officials are grappling with how to balance cost factors and public safety while meeting the expensive needs of aging inmates at a time when state budgets are tight. Prison officials have to address questions like whether to install handicap toilets and grab bars in some cells, how to accommodate wheelchairs, or how to manage inmates with dementia. Some states have turned to medical parole, hospice programs, and assisted living facilities. Inmates' health tends to decline more rapidly than the traditional U.S. population due to long-term substance abuse and poor health maintenance. "You can't just generalize about these prisoners," said Texas State Rep. Jerry Madden, chairman of the House Corrections Committee. "Some are still extremely dangerous, some may not be.... Some you wouldn't want in the same assisted living facility with your parents or grandparents."
Komisarjevsky Formally Sentenced to Death in Connecticut Home Invasion Murders: The Associated Press reports Joshua Komisarjevsky was formally sentenced to death in Connecticut today. Komisarjevsky denied having any part in the three killings he was convicted of. Dr. William Petit, who survived the attack, called the loss of his wife and two daughters "a personal holocaust." Komisarjevsky will join his accomplice on death row. Both men were on parole at the time of the deadly home invasion crime. The 2007 attack sparked tougher state laws for repeat offenders and home invasions, and led to the defeat of a bill to abolish the death penalty in Connecticut.
Executions Stayed in Ohio and Texas: Christine Lee of NBC 5 Dallas-Forth Worth and the Associated Press report Donald Newbury, one of the "Texas 7," has won a stay in his execution scheduled for February 1 for killing a police officer after escaping from a Texas prison in 2000. U.S. Supreme Court Justice Antonin Scalia granted the stay Thursday after Newbury's attorneys argued it should be granted while the U.S. Supreme Court considers a case out of Arizona that questions death row inmates' entitlement to better legal assistance during their initial appeals. In Ohio, the Associated Press reports a federal judge on Wednesday delayed the execution of Michael Webb, who was scheduled to be executed February 22 for the 1990 arson death of his 3-year-old son. U.S. District Judge Gregory Frost's one-page ruling addressed challenges to Ohio's lethal injection procedures and a debate over whether executions should be halted due to minor variations to the policies. Frost delayed the execution of Charles Lorraine earlier this month, saying the state deviated from its execution policies. Ohio has filed a motion with the U.S. Supreme Court to overturn that ruling. Ohio Attorney General Mike DeWine says minor variations in the execution policy are not the same thing as an unconstitutional system, and even Frost has said the rulings are not a commentary on the constitutionality of the state's execution procedures.
RI Senate Panel Endorses Tougher Good-Time Credits Legislation: David Klepperof the Associated Press reports the Rhode Island Senate Judiciary Committee voted to endorse legislation written by Attorney General Peter Kilmartin that would make offenders of certain crimes ineligible from earning "good-time" credits. The measure was prompted by last year's release of Michael Woodmansee, who shaved 12 years off his 40 year sentence after being convicted of killing a 5-year-old boy and keeping his bones in his bedroom. The boy's family said no one should have to suffer like they did when they learned Woodmansee was being released early due to good behavior. "We're only talking about the worst of the worst here. Child molesters. Murderers. Rapists. They just shouldn't be allowed to get out early," said John Foreman V. The director of the state's Department of Corrections says prison bills will be higher if more prisoners are serving their entire sentence. "Of course it would be additional costs," said Senator Glenford Shibley (R-Coventry). "But some things are worth the cost."
Six weeks ago, North Carolina Governor Beverly Perdue vetoed a bill that in substance would have repealed the state's Killers' Bonanza Law, a/k/a Racial Justice Act. The Act, rammed through by a partisan vote when the Democrats held the state legislature, allows murderers sentenced to death to challenge their sentences based on statistical evidence that blacks had been more frequently subject to capital punishment than whites in roughly similar circumstances. The Act notably did not require the defendant to show that a single actor in his own case -- prosecutor, judge or jury -- bore any racial animus whatever. In other words, the Act enabled a killer retroactively to nullify his death sentence in the name of "racial justice," without ever having to produce one iota of actual evidence that he had been prejudiced by any racial injustice.
One of the numerous absudities of the Act was that it was available to whites, notwithstanding that no one has been able to find any evidence that whites suffered from racial discrimination in North Carolina. But the absurdity was needed lest the bill be patently unconstitutional. So now we have the spectacle of North Carolina white killers -- along with the rest of them -- parading to court to claim some unrecognizable mutant of "racial discrimination."
Fast forward to today's report in Politico that Gov. Perdue, with approval ratings in the low 30's and lagging far behind her likely Republican opponent, has decided to bail out and not seek re-election. Good riddance.
Joe Palazzolo has this post at WSJ Law Blog, titled, "Hating on the Ninth Circuit: Funny But a Little Depressing." The topic is criticism of the Notorious Ninth by presidential candidates, the candidates' proposals, and some reaction from judges.
Some of the statements by candidates are indeed off the wall. Newt Gingrich's idea about issuing subpoenas to judges to appear before Congress is typical Newt half-baked. Chief Judge Kozinski says, "They don't need a subpoena. All they need to do is ask."
Two other judges comment without being named. This comment is all too typical:
"And what about abolishing the court altogether?" the post asks. The appeals do, indeed, have to go somewhere. A "nuclear option" would be to abolish the Ninth, ousting its judges Thomas Jefferson style, and creating one or two new courts with newly appointed judges to take the appeals instead. That would be an extreme measure, to be avoided except as a last resort.
Electing presidents who want to fix the Ninth and put some priority on the appointments is a far better method, albeit much slower. President Bush, disappointingly, did not put a high enough priority on the problem. A vacancy was left unfilled for years, and some of the appointments that were made were ill-advised. President Obama, of course, does not want to fix the Ninth. Let's hope for change -- that the next president does better.
Some of the statements by candidates are indeed off the wall. Newt Gingrich's idea about issuing subpoenas to judges to appear before Congress is typical Newt half-baked. Chief Judge Kozinski says, "They don't need a subpoena. All they need to do is ask."
Two other judges comment without being named. This comment is all too typical:
Other Ninth Circuit judges told Law Blog they were amused by all the attention the court was getting, but they said the animosity toward judges reflected a deep misunderstanding of how the federal courts operate, which they attributed to a lack of civics education.Ah, yes. Once again, it is the ignorant Great Unwashed who fail to understand that the judges of the Ninth Circuit are simply doing their jobs and showing "loyalty to the Constitution" when they hand down all these controversial rulings. However, given the number of unanimous reversals of the Ninth by the Supreme Court, as we have noted many times on this blog, the lack of understanding may well be at the Ninth itself.
"And what about abolishing the court altogether?" the post asks. The appeals do, indeed, have to go somewhere. A "nuclear option" would be to abolish the Ninth, ousting its judges Thomas Jefferson style, and creating one or two new courts with newly appointed judges to take the appeals instead. That would be an extreme measure, to be avoided except as a last resort.
Electing presidents who want to fix the Ninth and put some priority on the appointments is a far better method, albeit much slower. President Bush, disappointingly, did not put a high enough priority on the problem. A vacancy was left unfilled for years, and some of the appointments that were made were ill-advised. President Obama, of course, does not want to fix the Ninth. Let's hope for change -- that the next president does better.
The US Supreme Court has denied a stay of execution to Rodrigo Hernandez, convicted of the murder of Susan Verstegen of San Antonio, Texas. Eva Ruth Moravec has this story for the San Antonio Express-News.
The case had gone cold until Hernandez was DNA-tested after another assault. His DNA also matched a sample from the 1991 murder of Muriel Stoepker, 77, in Grand Rapids, Michigan.
Update: Last words -- "This stuff stings, man almighty." (We now pause to break out the violins.) The AP reports it as "This stuff stinks, man."
The case had gone cold until Hernandez was DNA-tested after another assault. His DNA also matched a sample from the 1991 murder of Muriel Stoepker, 77, in Grand Rapids, Michigan.
Update: Last words -- "This stuff stings, man almighty." (We now pause to break out the violins.) The AP reports it as "This stuff stinks, man."
On this video, Walter Mossberg of the WSJ reviews a Skype-based device called telyHD. With one of these and a big-screen TV on each end, people can have video chats in high definition with a full-room view, rather than the small, low-res, tightly focused video chats that have been typical. Mossberg's written review is here, but it may be limited to WSJ subscribers.
Mossberg emphasizes home use, but it seems to me this device would be useful for televised testimony in cases where such testimony is permissible. A witness could testify from another country or a hospital bed in a more realistic way at less cost than with earlier technology. The device costs $250, and the calls cost nothing.
Personally, I think minor witnesses, at least, should be allowed to testify this way simply to save money and reduce inconvenience to the witness. If the defendant demands personal testimony by the lab tech under Melendez-Diaz just to gum up the works, there could be a telyHD in the lab building. Instead of wasting all day at the courthouse, the tech could work until it was time to testify, do his 15 minutes testifying about the lab test that actually involves no real controversy, and then get back to work. Whether two-way television satisfies the Confrontation Clause remains controversial, of course, but I think the Supreme Court will eventually come around to the conclusion it does (over Justice Scalia's vigorous dissent, if he's still there). See 535 U.S. 1159-1169.
Mossberg emphasizes home use, but it seems to me this device would be useful for televised testimony in cases where such testimony is permissible. A witness could testify from another country or a hospital bed in a more realistic way at less cost than with earlier technology. The device costs $250, and the calls cost nothing.
Personally, I think minor witnesses, at least, should be allowed to testify this way simply to save money and reduce inconvenience to the witness. If the defendant demands personal testimony by the lab tech under Melendez-Diaz just to gum up the works, there could be a telyHD in the lab building. Instead of wasting all day at the courthouse, the tech could work until it was time to testify, do his 15 minutes testifying about the lab test that actually involves no real controversy, and then get back to work. Whether two-way television satisfies the Confrontation Clause remains controversial, of course, but I think the Supreme Court will eventually come around to the conclusion it does (over Justice Scalia's vigorous dissent, if he's still there). See 535 U.S. 1159-1169.
Execution Today in Texas: Michael Graczyk of the Associated Press reports Rodrigo Hernandez is scheduled to be executed by lethal injection in Texas today for the the abduction, rape, and strangulation of a 38-year-old woman in San Antonio in 1994. Hernandez attacked her at a storage area behind a supermarket and dumped her body in a garbage barrel behind a church. The murder went unsolved for eight years until he had to submit a DNA sample as a requirement for parole in Michigan, where he was serving a sentence for using a bottle to severely beat a man. His DNA sample went into a national database, which linked Hernandez to the Texas murder. Two years ago, DNA evidence also linked him to the 1991 slaying of a 77-year-old homeless woman in Michigan. He was not tried for her death. It would be the first execution in Texas this year.
Juvenile Sex Offenders Must Report for 25 Years: Bob Egelko of the San Francisco Chronicle reports the U.S. Ninth Circuit Court of Appeals Wednesday upheld that juveniles convicted of serious sex crimes in federal court can be required to register as sex offenders for at least 25 years. The Ninth Circuit said a registration law passed by Congress in 2006 that removed sex offenders aged 14 and over from the confidentiality protections of federal juvenile justice law is constitutionally sound. The ruling upheld registration requirements for three Montana juveniles subjected to federal prosecution because they committed forcible sex crimes between ages 14 and 17 on Indian reservations. The opinion is here.
Supreme Court GPS Tracking Case Confounds the Press: Tom Goldstein, writing for SCOTUSblog, explains how he thinks the press got Monday's U.S. Supreme Court decision regarding GPS tracking in United States v. Jones wrong. He says the Court's only holding is that the installation of a GPS monitoring device is a search, which is a different question from whether it requires a warrant and whether it requires probable cause. The Court did not decide whether the short-term monitoring of a GPS device is a search requiring a warrant. Goldstein says in general, the coverage of Jones is bad and misleading, with none of the pieces correctly characterizing the ruling and its limits. He says the early press coverage focused on the warrant question because the public knows what that means.
Juvenile Sex Offenders Must Report for 25 Years: Bob Egelko of the San Francisco Chronicle reports the U.S. Ninth Circuit Court of Appeals Wednesday upheld that juveniles convicted of serious sex crimes in federal court can be required to register as sex offenders for at least 25 years. The Ninth Circuit said a registration law passed by Congress in 2006 that removed sex offenders aged 14 and over from the confidentiality protections of federal juvenile justice law is constitutionally sound. The ruling upheld registration requirements for three Montana juveniles subjected to federal prosecution because they committed forcible sex crimes between ages 14 and 17 on Indian reservations. The opinion is here.
Supreme Court GPS Tracking Case Confounds the Press: Tom Goldstein, writing for SCOTUSblog, explains how he thinks the press got Monday's U.S. Supreme Court decision regarding GPS tracking in United States v. Jones wrong. He says the Court's only holding is that the installation of a GPS monitoring device is a search, which is a different question from whether it requires a warrant and whether it requires probable cause. The Court did not decide whether the short-term monitoring of a GPS device is a search requiring a warrant. Goldstein says in general, the coverage of Jones is bad and misleading, with none of the pieces correctly characterizing the ruling and its limits. He says the early press coverage focused on the warrant question because the public knows what that means.
Death Row Inmate Writes Taunting Letter to Public: Diane Turbyfill of the Gaston Gazette reports North Carolina death row inmate Danny Robbie Hembree Jr. wrote a letter to the newspaper, challenging Gaston County to put him to death. Hembree is on death row for suffocating to death a 17-year-old girl in 2009, and has two other murder charges pending. Hembree asked if the public was aware that the chances of his execution taking place in the next 20 years, if ever, are slim. "Is the
public aware that I am a gentleman of leisure, watching color TV in the
a/c, reading, taking naps at will, eating three well-balanced meals a
day?" he asked. A link to the handwritten letter is included in the article.
Only in Utah: Jennifer Dobner of the Associated Press reports the Utah Supreme Court on Tuesday rejected an appeal from death row inmate Von Lester Taylor, who claims the jury selection process in the penalty phase of his trial unfairly favored Mormons. Taylor was sentenced to death for killing 72-year-old Beth Potts and her 49-year-old daughter, Kaye Tiede, during a break-in in 1990. Police said Taylor repeatedly shot the two woman, then shot Tiede's husband before kidnapping two of his daughters and setting the cabin on fire. The two daughters were rescued by law enforcement. Tiede's husband survived, despite being shot point-blank in the head and doused with gasoline when the cabin was set on fire.
Some CA Judges Want More Say in New Sentencing Rules: Tracey Kaplan of San Jose Mercury News reports some California Superior Court judges are wanting to keep track of certain felons for a longer period of time than the new realignment plan calls for. Under realignment, judges can order defendants to serve their whole sentence behind bars, in which case they will have no supervision upon release, or split the sentence set by law between jail time and mandatory supervision. Some judges are now seeking the option to tack on a period of supervision to offenders sentenced to the full term in county jail.
Oklahoma and New Jersey Introduce Legislation to Reduce Prison Costs: Michael McNutt of The Oklahoman reports Oklahoma House Bill 3052 would reduce the sentences for certain second-time marijuana possession offenders and allow violent offenders to start earning credits toward reducing their prison term after serving 85 percent of their sentence. MaryAnn Spoto of The Star Ledger (NJ) reports a package of bills were introduced by state Senators in New Jersey that would require the state Parole Board to release inmates when they reach their parole eligibility date unless they had committed a serious infraction while in prison or had not participated in rehabilitation programs, give judges and prosecutors more discretion on who could be tried in a drug court, repeal the ban on convicted felons working in places where alcohol is sold, and prohibit employers from automatically disqualifying convicted felons from jobs.
Only in Utah: Jennifer Dobner of the Associated Press reports the Utah Supreme Court on Tuesday rejected an appeal from death row inmate Von Lester Taylor, who claims the jury selection process in the penalty phase of his trial unfairly favored Mormons. Taylor was sentenced to death for killing 72-year-old Beth Potts and her 49-year-old daughter, Kaye Tiede, during a break-in in 1990. Police said Taylor repeatedly shot the two woman, then shot Tiede's husband before kidnapping two of his daughters and setting the cabin on fire. The two daughters were rescued by law enforcement. Tiede's husband survived, despite being shot point-blank in the head and doused with gasoline when the cabin was set on fire.
Some CA Judges Want More Say in New Sentencing Rules: Tracey Kaplan of San Jose Mercury News reports some California Superior Court judges are wanting to keep track of certain felons for a longer period of time than the new realignment plan calls for. Under realignment, judges can order defendants to serve their whole sentence behind bars, in which case they will have no supervision upon release, or split the sentence set by law between jail time and mandatory supervision. Some judges are now seeking the option to tack on a period of supervision to offenders sentenced to the full term in county jail.
Oklahoma and New Jersey Introduce Legislation to Reduce Prison Costs: Michael McNutt of The Oklahoman reports Oklahoma House Bill 3052 would reduce the sentences for certain second-time marijuana possession offenders and allow violent offenders to start earning credits toward reducing their prison term after serving 85 percent of their sentence. MaryAnn Spoto of The Star Ledger (NJ) reports a package of bills were introduced by state Senators in New Jersey that would require the state Parole Board to release inmates when they reach their parole eligibility date unless they had committed a serious infraction while in prison or had not participated in rehabilitation programs, give judges and prosecutors more discretion on who could be tried in a drug court, repeal the ban on convicted felons working in places where alcohol is sold, and prohibit employers from automatically disqualifying convicted felons from jobs.
Those instinctively opposed to incarceration as a punishment are increasingly drawn to technocorrections as a sentencing alternative. Professor Doug Berman is a fan of technocorrections as a way to scale back on imprisonment per se, not to mention its significant costs. Accordingly, Prof. Berman occasionally publishes a post about the virtues of technocorrections on his always interesting blog, Sentencing Law and Policy. This is one example.
I have two problems with technocorrections. One is that it fails to provide the punishing (and therefore deterrent) value of a prison sentence; it was my experience as an AUSA that prison is the only thing defendants really pay attention to.
The second problem with technocorrections is that they are easily defeated, sometimes with disastrous results. From Fox News:
Today, we were treated to the astonishing sight of the Chief of the Criminal Division for the U.S. Attorney's Office invoking the Fifth Amendment and refusing to give any substantive testimony concerning his or DOJ's role in Operation Fast and Furious. The story is here.
I scarcely know where to begin. On a personal level, having spent much of my career as a division chief in (a different) U.S. Attorney's Office, I am mortified and appalled. A refusal by a federal officer in that position to cooperate with Congress, much less to do so on grounds of possible self-incrimination, is just staggering.
My other initial thought is that, although the Criminal Chief occupies a powerful position, the notion that he is at the root of Fast and Furious is absurd. This simply must stretch farther up the chain. The US Attorney has already resigned, but it doesn't stop there either. Having been both a career attorney and a political appointee in the Justice Department, I can tell you that this goes way up the chain.
The Attorney General has already admitted to misleading Congress, albeit, he says, inadvertently. We will just have to see where this leads. One thing is for sure, though: The defense bar will have a field day with this, not to mention a bunch of new clients.
Off topic but irresistable: Right now (8:30 p.m. EST, January 24), MSNBC has up a headlined story titled, "Mortgage deal offers little homeowner relief."
Seven inches below on the computer screen, it has the following story, also in headlines, "Deal could help many troubled homeowers."
See for yourself (but you'll need to be quick because these stories change all the time).
When the mainstream media takes opposite postions at the same time on the same page, you can see why there is room for, ummmm, doubt.
Making the Case for an All-Crimes DNA Database: Cyrus R. Vance Jr., the Manhattan district attorney, has this opinion piece about authorizing the collection of DNA following convictions for all crimes, including some presently excluded misdemeanors in New York state. Since New York's state DNA databank opened in 1996, the bank's DNA samples have been linked to more than 3,500 sexual
assaults, 860 murders, 1,100 robberies, and 3,400 burglaries. Vance says the current restrictions mean the DA's office can't use DNA technology in more than half of their cases. He points out that while a DNA match is not proof positive of guilt, DNA technology is more reliable than eyewitness accounts, testimony, and confessions, and is truly colorblind.
California Counties Change Bail Policies: Marisa Lagos of the San Francisco Chronicle reports that as a result of prison realignment, some counties in California are being forced to change their policies regarding pretrial detainees and are having judges keep those awaiting trial in jail based not solely on whether they can afford bail, but on their risk to pubic safety. Pretrial risk assessments conducted by law enforcement authorities to gauge a person's likelihood of committing another crime if they are released are used to help judges decide whether a person should stay in jail while awaiting trial. If they waive their right to a speedy trial, which most offenders do, they could be free for months or sometimes more than a year while waiting for their trial to begin. CJLF's Michael Rushford said, "Risk assessments are guesses. You are guessing someone won't do something, and when you make a mistake, people get hurt. You will have people in morgues that are the result of those guesses."
California Counties Change Bail Policies: Marisa Lagos of the San Francisco Chronicle reports that as a result of prison realignment, some counties in California are being forced to change their policies regarding pretrial detainees and are having judges keep those awaiting trial in jail based not solely on whether they can afford bail, but on their risk to pubic safety. Pretrial risk assessments conducted by law enforcement authorities to gauge a person's likelihood of committing another crime if they are released are used to help judges decide whether a person should stay in jail while awaiting trial. If they waive their right to a speedy trial, which most offenders do, they could be free for months or sometimes more than a year while waiting for their trial to begin. CJLF's Michael Rushford said, "Risk assessments are guesses. You are guessing someone won't do something, and when you make a mistake, people get hurt. You will have people in morgues that are the result of those guesses."
Adam Liptak has this story in the NYT on Supreme Court Justices' attendance at the State of the Union address. He includes a research nugget. It's always interesting when a researcher is surprised by his results.
Continue reading Justices, the SOTU, and Party.
As I noted last week, the failure to impose the death penalty on violent and dangerous killers gives them the opportunity to do it again. Every now and again they do; indeed, there are more than 100 instances of killing by inmates previously convicted of murder (there may be many more than that; I lost track years ago). If abolitionists view these murders as even regrettable, much less as a serious moral problem, I have yet to hear about it.
Reader federalist alerts me to three more preventable murders that were committed recently in Florida. These were not because of a prior failure to impose capital punishment, but they stem from the same clueless Give Peace A Chance "thinking" that oozes from the abolitionist mind.
The story is that when twice-convicted felon Kelser Dufrene, an immigrant from Haiti, was released from his most recent prison sentence (his first arrest was at age 14), he was supposed to be deported. But it never happened because, even though ICE authorities had him in custody, they let him loose under an Obama administration edict that no one could be deported to Haiti in light of the damage and chaos in that country wrought by the earthquake two years ago. Instead, ICE released him to prey upon the legal residents of Miami, which he promptly did by killing three of them, including a 15 year-old girl.
The story is here, and the moral of the story is that as long as the criminal justice system allows gushing sentiment to replace hard thinking about what's going to happen next, this sort of travesty is certain to repeat itself.
South Dakota AG Wants to Limit Death Penalty Appeals: Steve Young of The Argus Leader (SD) reports South Dakota Attorney General Marty Jackley has introduced Senate Bill 42, which would put stricter limitations on the appeals process for inmates sentenced to death in the state. The bill would create a two-year statute of limitations for bringing a writ of habeas corpus and claims of ineffective counsel, allow judges to decide whether a habeas corpus claim requires the appointment of counsel, and create provisions to prevent repetitive claims of ineffective counsel. The bill was passed out of the state Senate Judiciary Committee 5-1 Thursday, and will now go to the full state Senate.
The Cost of Saving Money: Mandy Feder, managing editor for the Record-Bee, has this opinion piece about the costs of California's prison realignment program, designed to ease state prison overcrowding and save the state money. She discusses the negative impact the shift has on rural counties, where services are already scarce. Feder also presents a scary bit of information, saying that approximately 90 percent of inmates being sent to counties are testing out of their current facilities as "high-risk" offenders.
Montana Judge Says Federal Law Trumps State's Medical Marijuana Law: Matt Volz of the Associated Press reports U.S. District Judge Donald Molloy on Friday dismissed a lawsuit filed on behalf of more than two dozen medical marijuana providers in Montana that were raided by federal agents last year. Molloy wrote that even if they are following state law, the providers can be prosecuted under the federal Controlled Substances Act, citing a 2005 U.S. Supreme Court decision that said the Constitution's supremacy clause applies to medical marijuana cases. The attorney representing the medical marijuana providers said a decision on whether to appeal had not yet been made.
The Cost of Saving Money: Mandy Feder, managing editor for the Record-Bee, has this opinion piece about the costs of California's prison realignment program, designed to ease state prison overcrowding and save the state money. She discusses the negative impact the shift has on rural counties, where services are already scarce. Feder also presents a scary bit of information, saying that approximately 90 percent of inmates being sent to counties are testing out of their current facilities as "high-risk" offenders.
Montana Judge Says Federal Law Trumps State's Medical Marijuana Law: Matt Volz of the Associated Press reports U.S. District Judge Donald Molloy on Friday dismissed a lawsuit filed on behalf of more than two dozen medical marijuana providers in Montana that were raided by federal agents last year. Molloy wrote that even if they are following state law, the providers can be prosecuted under the federal Controlled Substances Act, citing a 2005 U.S. Supreme Court decision that said the Constitution's supremacy clause applies to medical marijuana cases. The attorney representing the medical marijuana providers said a decision on whether to appeal had not yet been made.
The Notorious Ninth gets another unanimous summary reversal today in Ryburn v. Huff. The case involves police entry into a home under circumstances they believed to be exigent and qualified immunity in a subsequent civil suit.
(My summaries of this morning's cases are necessarily brief. I may expand on them later today. Further discussion in the comments is welcome, as always.)
(My summaries of this morning's cases are necessarily brief. I may expand on them later today. Further discussion in the comments is welcome, as always.)
The Sex Offender Registration and Notification Act (SORNA) expressly gives the Attorney General authority to specify its applicability to offenders convicted before enactment. So does the act apply to pre-enactment offenders by its own force, without AG action? Not surprisingly, the US Supreme Court answered that question no in Reynolds v. United States. It sent the case back to the Third Circuit to decide if the AG had validly specified such application.
