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Criminal Law

Crime and Consequences

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

Post Frequency: 1.8/day

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

AEDPA Fast Track Regs

Posted on November 13, 2008
Marcia Coyle reports in NLJ that the Department of Justice plans to finalize, before the end of the current administration, the regulations for approving states for the long-delayed fast-track for capital habeas cases under the Antiterrorism and Effective Death Penalty...

News Scan

Posted on November 13, 2008
Man Caught Texting 12-Year-Old Girl Gets 6 Years: A story from the AP reports that a man from Oregon has been sentenced to 6 years in prison for attempted rape after a mother discovered his inappropriate text messages on her...

Dead monsters hatch no plans

Posted on November 12, 2008
Andrew Bolt in the Herald Sun notes that many Australians cheered when the Bali bombers were finally executed. Why, then, is their government leading a drive to ban all executions worldwide? We may well argue that the death penalty shouldn't...

Nailed

Posted on November 12, 2008
In the question presented in the petition for writ of certiorari in Bell v. Kelly, argued today in the U.S. Supreme Court, Richard Bress of Latham and Watkins referred to the claim in federal court as being "predicated on evidence...

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News Scan

Posted on November 12, 2008
First-Year Law Student Fights Intruder For His Laptop: A story from KTAR news reports that a student from Arizona State University, wrestled and fought with an intruder who demanded his laptop. Police said Gabriel Saucedo entered Alex Botsios' apartment through...

SCOTUS Today

Posted on November 12, 2008
The U.S. Supreme Court issued its first opinion of the term in an argued case, Winter v. Natural Resources Defense Council, Inc., No. 07-1239, the "boink the whales" case. SCOTUSblog has a report here. On the argument calendar for today...

A Case of Overclaim Syndrome?

Posted on November 11, 2008
Brain Overclaim Syndrome is pernicious in contemporary legal and behavioral science scholarship. Evidence of its infectious reach now appears in the journal Current Directions in Psychological Science in the article From Genes to Brain to Antisocial Behavior (subscription required) by...

Vocabulary Lesson

Posted on November 10, 2008
When citing a statute in oral argument, how do you pronounce the lower case Roman numeral paragraph numbers? In United States v. Hayes today, ASG Nicole Saharsky called paragraphs (i) and (ii) "Romanette one and two." This was new to...

Status Quo at the Supreme Court?

Posted on November 10, 2008
Tony Mauro in the Legal Times: As the theory goes, all three justices [Stevens, Souter, Ginsburg] would be happier being replaced under Democrat Obama than they would have been under Republicans John McCain or, for the last eight years, President...

News Scan

Posted on November 10, 2008
Victim Impact Evidence Appeal Denied: An AP story reports that the Supreme Court turned down appeals from death row inmates seeking to limit videos and similar material prepared by murder victims' families for juries. The appeal comes from two California...

Today's Orders

Posted on November 10, 2008
Last Friday, the Supreme Court held a conference and granted certiorari in one civil case. The usual pattern is that when the Court announces a grant on conference day the orders list issued the following Monday has no grants. Sure...

Blog Scan

Posted on November 07, 2008
New Detainee Filing from Justice Department: Lyle Denniston reports on SCOTUSblog that the Justice Department has made its final filing before the D.C. Circuit Court in its case to keep 17 Chinese Muslim Uighurs from entering the United States. Previous...

Oregon Initiatives

Posted on November 07, 2008
Oregon votes approved by a 61-39 vote Ballot Measure No. 57: "Increases sentences for drug trafficking, theft against elderly and specified repeat property and identity theft crimes; requires addiction treatment for certain offenders." Final tally here...

News Scan

Posted on November 06, 2008
Aussie Rethinks Opposition to Death Penalty: David Barnett, an Australian writer and lifetime opponent of capital punishment, has this piece in the Canberra Times suggesting that Australia should reconsider its opposition to the death penalty. Barnett's views on the death...

California Propositions

Posted on November 05, 2008
Here is a bit of good news this morning. With 90% of precincts reporting, it appears that Proposition 9, the crime victims' rights initiative, has passed by a 6% margin. On the same ballot, the Soros-backed Proposition 5 was rejected...

A Bad Omen

Posted on November 05, 2008
President-elect Barack Obama has served notice that he does not consider himself bound by anything he said during the campaign. The day after winning on a theme of "postpartisanship," he has chosen as his White House Chief of Staff a...

Redistricting

Posted on November 05, 2008
With all precincts reporting, it appears that California voters have finally approved reapportionment reform, Proposition 11, by a scant 100,000 votes out of 9 million. With more competitive districts, the Legislature may be more responsive to the wishes of the...

State AG Races

Posted on November 05, 2008
Here are some state attorney general race results gathered from Google News. Ind: Greg Zoeller (R) Mo: Chris Koster (D) Mont: Steve Bullock (D) NC: Roy Cooper (D) Ohio: Richard Cordray (D) Oregon: John Kroger (D) Penn: Tom Corbett (R)...

Exit Poll on Judicial Restraint

Posted on November 05, 2008
Here is a press release from "the polling company, inc." on an exit poll of actual voters commissioned by the Federalist Society. By a margin of more than 2-to-1, actual voters preferred the President nominate judges and justices who ?believe...

Blog Scan

Posted on November 05, 2008
SCOTUScast on Herring v. United States: At The Federalist Society website, Luke Milligan, an Assistant Professor of Law at the University of Louisville provides commentary on the October 7, 2008 oral arguments for Herring v. United States. Herring is an...

Getting Off the Abuser List

Posted on November 05, 2008
From the Ninth Circuit today, Humphries v. LA Co., No. 05-56467: Appellants Craig and Wendy Humphries ..., [a]ccused of abuse by a rebellious child, ... were arrested, and had their other children taken away from them.... * * * Notwithstanding the findings...

News Scan

Posted on November 05, 2008
Prosecutors To Seek Death Penalty In Cleveland's East 87th Street Fire: According to an article by the News Net 5, prosecutors will seek the death penalty against 24-year-old Antun Lewis. Lewis was indicted in federal court last month. Lewis will...

Bush and SCOTUS

Posted on November 04, 2008
Tony Mauro has this long article in Legal Times on President Bush's legacy of Supreme Court appointments. A few excerpts: A new law review study of the Roberts Court?s decisions concludes, in a play on Greenhouse?s 2007 assessment, that ?conservatives...

AEDPA Statute of Limitations, Again

Posted on November 04, 2008
The U. S. Supreme Court heard argument today in the case of Jimenez v. Quarterman, No. 07-6984. This is another case on the AEDPA statute of limitations, which generally requires a federal habeas petition to be filed within one year...

Dirty Words

Posted on November 04, 2008
The argument transcript in FCC v. Fox Television Stations, Inc., No. 07-582, is available here. This is the "dirty words on television" case. The word index in the back is more interesting than usual. "S-Word" is used 6 times, "F-Word"...

News Scan

Posted on November 04, 2008
Oklahoma Court Sets Brown Execution Date: According to an AP article, on Monday the Oklahoma Court of Criminal Appeals set January 22 for the execution of Darwin Demond Brown, convicted for a 1995 slaying in Tulsa. Attorney General Drew Edmondson...

Blog Scan

Posted on November 03, 2008
Justice Alito Comments On Life Outside the Cert Pool: Last Friday, Tony Mauro posted on a rare in-chambers interview with Justice Alito. Beginning with a candid look at Justice Alito's post-World Series excitement, Mauro eventually moves on to "Supreme Court...

News Scan

Posted on November 03, 2008
Court to Decide Convict's DNA Claim: As reported in Kent Scheidegger's post below, the Supreme Court has agreed to review a Ninth Circuit decision announcing that a convicted murderer has the right to testing of genetic evidence found at the...

Postconviction DNA

Posted on November 03, 2008
The Supreme Court granted certiorari to review the Ninth Circuit's decision in the Alaska case of District Attorney?s Office for the Third Judicial District, et al. v. Osborne, No. 08-6, regarding a � 1983 suit to get postconviction access to...

SF Hookers Proposition Entire City

Posted on November 03, 2008
Propositioning people is what prostitutes do for a living, of course, but not usually on this scale. The hookers of the City by the Bay want the people of San Francisco to de facto legalize their trade by approving Proposition...

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