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The Legal Intelligencer

Unchargeable Conduct: The Next Frontier for Sentencing Reform

Under the previous rule, a defendant who was convicted of one charge but acquitted of another could still face punishment for the acquitted conduct, so long as the government could convince the judge at sentencing that it was more likely than not that the defendant did in fact commit the crime.
3 minute read

Texas Lawyer

Paxton Calls for Resignation of Gray Reed Lawyer, Politician for Improperly Influencing Judge

CCA general counsel Sian Schilhab gave notice by letter on Oct. 25 to Roberson's legal defense team and the district attorney of record of Leach's "ex parte communication" via text messages.
5 minute read

Law.com

6th Circuit Judge Thapar on Making Originalism Work in Trial Courts

"Everyone here knows doing originalism is no easy task, and leaving district judges to do it alone would be impossible," Amul Thapar said.
6 minute read

Daily Report Online

Ga. Men Who Killed Ahmaud Arbery Want a New Trial

Seeking a new trial marks a first step by the three defendants in challenging their murder convictions.
5 minute read

New York Law Journal

The Supreme Court Revisits Retaliatory Arrests

Martin Schwartz discusses the legal landscape for individuals challenging the constitutionality of what they believe to be a retaliatory arrest.
12 minute read

National Law Journal

Split DC Circuit Upholds Trespassing Charge Used in Hundreds of Jan. 6 Cases

The law prohibits a person from knowingly entering restricted areas that are posted, cordoned off or "otherwise restricted," the latter of which is defined as places where people protected by the Secret Service will be visiting.
3 minute read

Daily Report Online

Ga. High Court Reverses Contempt Ruling Against Rapper Young Thug's Lawyer

The Supreme Court justices agreed with the attorney that due process required a judge to remove himself from the handling of the contempt issue.
3 minute read

New York Law Journal

'Judicial Maturation': Judge Vacates Life Sentences That He Imposed on Brooklyn Man in 1997

"Just like prisoners who have evolved into better human beings during their lengthy periods of incarceration, judges also evolve with the passage of years on the bench," U.S. District Judge Frederic Block wrote.
5 minute read

The Recorder

Court Orders Review of Attempted Murder Appeal After Attorney Failed to Disclose Suspension

Fresno County attorney Nicholas Capozzi was suspended from practice two weeks before a Fresno appellate court affirmed his client's sentence. Capozzi never notified the court his license was suspended, a court official said.
3 minute read

National Law Journal

When in Doubt: What's a Dubitante Opinion, and Why Do Judges Write Them?

The name comes from the Latin word meaning "doubtful" and is typically used to express reservations with a majority decision's rationale without declaring it wrong.
6 minute read

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