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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

Blog Scan

Posted on October 16, 2008
Ohio Election Officials Seek To Block Voter Challenging Rule: At SCOTUSblog, Lyle Denniston posts on an application for a stay filed last night in the Supreme Court, asking the Supreme Court to put a hold on a federal judge's order...

Service of Process

Posted on October 15, 2008
Nebraska's crackpot State Senator Ernie Chambers sued God last year. His suit was thrown out today for defective service of process, Nate Jenkins reports for AP. "The Almighty wasn't properly served due to his unlisted home address. " Chambers is...

Cunningham Aftermath

Posted on October 15, 2008
In 1996, when Congress cracked down severely on habeas corpus petitions by prisoners who had already had one such review, it left an exception for "new rules of constitutional law, made retroactive to cases on collateral review by the Supreme...

Proposition 5 and Drug Courts

Posted on October 15, 2008
The Stockton Record has this editorial on several of the California ballot propositions. Here is the portion on Proposition 5: "This is a bad idea masquerading as a good law. And what it would do is undermine, more likely destroy,...

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News Scan

Posted on October 15, 2008
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...

Canada Election

Posted on October 15, 2008
Here is some good election news for those badly in need of some. Unfortunately, it is north of the border. The Conservative Party won the election in Canada, increasing its representation although still short of an outright majority. "The outcome...

Arguments Today

Posted on October 15, 2008
Today, I expect, will be spank the Ninth Circuit again day at the U.S. Supreme Court. On the docket are two habeas cases, Waddington v. Sarausad and Hedgpeth v. Pulido (formerly Chrones v. Pulido). Ben Winograd has this post at...

Roads Not Taken

Posted on October 14, 2008
Also out today are two opinions dissenting from denial of certiorari. In Marlowe v. United States Justice Scalia dissents from the Court's refusal to examine the sentence of a prison guard convicted of violating the civil rights of a prisoner...

Reconsider, and We Really Mean It

Posted on October 14, 2008
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...

Orders List

Posted on October 14, 2008
The U.S. Supreme Court orders list is available here. One civil case was taken up. Among the denials was the controversial Georgia capital case of Troy Davis, previously noted here, here, and here....

Last Meal

Posted on October 14, 2008
Richard Cooey, who claims he is too fat to be executed humanely and it's all the prison's fault, ordered a last meal of "T-bone steak with A-1 sauce, onion rings, french fries, four eggs over easy, toast with butter, hash...

Blog Scan

Posted on October 14, 2008
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...

Notes on the Oregon v. Ice Argument

Posted on October 14, 2008
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...

Notes on the Pearson v. Callahan Argument

Posted on October 14, 2008
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...

News Scan

Posted on October 14, 2008
Cooey Executed After Supreme Court Rejects Obese Argument: An article from CNN News reports that an Ohio death row inmate Richard Cooey was executed today after the Supreme Court rejected his last-minute plea that he was too fat to be...

Remembering Dawn McCreery and Wendy Offredo

Posted on October 13, 2008
The Cleveland Plain Dealer has this story by Michael McIntyre on Dawn McCreery, Wendy Offredo, and their families. The two college girls were murdered a little over 22 years ago. Richard Cooey has lived longer on death row than Dawn...

Blog Scan

Posted on October 13, 2008
Former Guantanamo Bay Prosecutor Turns Against Tribunals: Dan Slater at Wall Street Journal Blog posted a story on former U.S. Prosecutor Darrel J. Vandeveld. According to the post, Vandeveld was a U.S. Prosecutor at Guantanamo Bay actively involved in prosecuting...

News Scan

Posted on October 13, 2008
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...

Blog Scan

Posted on October 10, 2008
Justice Department Moves to Further Delay in Bringing Detainees into U.S.: Wednesday, Lyle Denniston reported at SCOTUSblog that the D.C. Circuit Court of Appeals had temporarily blocked the entry of the 17 Chinese Muslims that Federal Judge Urbina had ordered...

Attorney-Client Privilege Waiver

Posted on October 09, 2008
Congress recently added Rule 502 to the Federal Rules of Evidence in Senate Bill 2450 (Leahy, Graham, Specter), enacted as Pub. L. 100-322, Sept. 19, 2008, 122 Stat. 3537. Senate Report 110-264 is available on the Senate Judiciary Committee site....

News Scan

Posted on October 09, 2008
Pittsburgh Approves $200K To Study Violence: Jeremy Boren from the Tribune-Review reports that Pittsburgh City Council approved legislation Tuesday to spend $200,000 on an anti-violence program intended to begin reducing the number of homicides within six months...

Judicial Activism

Posted on October 09, 2008
CJLF's Legal Director Kent Scheidegger has this letter to the editor in USA Today, responding to this editorial last Monday. Where the letter says "the people's right of self-government," the editors added a link to the Declaration of Independence. That...

Blog Scan

Posted on October 09, 2008
Guantanamo Detainee Update: At SCOTUSblog, Lyle Denniston provided this follow-up to his posts on the government's attempt to prevent U.S. entry of 17 Guantanamo Bay detainees. Earlier in the week, we posted on the federal court order of Judge Urbina...

Blog Scan

Posted on October 08, 2008
Oral Argument Summaries: At SCOTUSblog Kevin Russell posts his analysis of the oral arguments in Arizona v. Gant, 07-542 and Herring v. United States, 07-513 . The two cases address different questions involving the Fourth Amendment. Herring asks whether the...

Arizona v. Gant: A Bright-Line Too Far?

Posted on October 08, 2008
Unlike the Herring case, noted here, the issue in Arizona v. Gant, also argued yesterday, is purely on the substantive scope of the Fourth Amendment. The tone of the argument is quite different. In particular, Justice Scalia comes across quite...

News Scan

Posted on October 08, 2008
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...

Herring, Barney Fife, and Elephants

Posted on October 08, 2008
"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...

Blog Scan

Posted on October 07, 2008
17 Guantanamo Detainees Ordered Into U.S. By Friday: Ben Winograd at SCOTUSblog has a post on federal Judge Ricardo Urbina's order that the government release a group of 17 Chinese Muslims, the Uighurs, into the United States by Friday, October...

Arguing over Arguing

Posted on October 07, 2008
Here is one more nugget from yesterday's SCOTUS orders list. In the Rhode Island Indian law case of Carcieri v. Kempthorne, No. 07-526, the Court denied all the motions for divided argument. Tony Mauro at BLT has this post over...

ACORN office in Vegas raided

Posted on October 07, 2008
During the debate last year over Crawford v. Marion County Election Bd., No. 07-21, it was common for opponents of voter ID to claim that voting fraud was essentially nonexistent and that the ID requirement was concocted to harass poor...

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