NEXT
Sign in to follow

National Law Journal

Unanimous Supreme Court Sides With Criminal Defendant in Sentencing Dispute

Writing for the court, Justice Ketanji Brown Jackson says Congress allowed for concurrent sentencing in gun-and-drug convictions.
3 minute read

National Law Journal

Retrial or Acquittal? Do-Over Is the Fix for Wrong Venue, Supreme Court Says

Retrying a defendant convicted in an improper court does not violate double jeopardy, justices unanimously hold.
3 minute read

Texas Lawyer

Not in This County: Paxton Won't Get Preferred Venue for His Securities Fraud Trial

Collin County is Ken Paxton's home county, and political science experts and the state have long held that a trial there would be most advantageous to the attorney general.
4 minute read

National Law Journal

Judges Seem Skeptical of Government Holding Mike Lindell's Phone in 2020 Election Probe

Eight Circuit Judge James Loken wonders aloud if there is "any limit" on what investigators can look for on the My Pillow CEO's device.
4 minute read

Daily Business Review

US Supreme Court Urged to Halt Execution

Attorneys for convicted murderer Duane Owen contend that he "lacks a rational understanding of the connection between his crime and [the] impending execution due to his fixed psychotic delusions and dementia."
3 minute read

New Jersey Law Journal

NJ Supreme Court Weighs Megan's Law Violations and the Ex Post Facto Clause

In 1994, an offender's violation of the registration requirements constituted a fourth-degree offense. However, the statute was amended in 2007, elevating a violation to a third-degree offense. If a defendant is sentenced as a sex offender between 1994 and 2007, but violates the registration requirements after 2007, does charging the defendant with a third-degree offense constitute an ex post facto violation?
6 minute read

Daily Business Review

Florida Supreme Court Rejects Insanity Claim as Execution Nears

In seeking to halt the execution, Duane Owen's attorneys have pointed to the U.S. Constitution's Eighth Amendment, which bars cruel and unusual punishment, and legal precedents that prevent executing people who are not mentally competent.
3 minute read

New York Law Journal

When a Prosecutor Should Confess Error for Ethical Reasons

But what if the prosecutor's office determines that a convicted defendant in jail may have been wrongly convicted but is actually guilty? What is their obligation then? Can they just sit on their hands and do nothing? Or, if only as a matter of legal ethics, must they try to repair the wrongful conviction by asking the courts to set it aside, even if they believe the defendant is guilty?
9 minute read

Law.com

Arizona Appeals Court Takes on First-Impression Issue of Compelled Mental-Health Exams

"This case presents an issue of first impression," said Gass. "Arizona's appellate courts have accepted special action jurisdiction in cases involving motions to compel mental-health examinations but have not addressed whether non-expert witness testimony opens the door to a court-ordered examination for rebuttal purposes."
5 minute read

Law.com

MD Supreme Court Clashes Over Appellate Court Comparing Criminal Defendant to Mythological Monster

"Among other things, the Appellate Court in its opinion compared Belton—an African American man—to Grendel, the mythical monster in the Old English epic, Beowulf," stated Justice Jonathan Biran, in his written opinion for the court. "Belton asserts that this analogy evokes racist tropes of African Americans as subhuman. He raises similar objections concerning several other passages in the Appellate Court's dicta."
6 minute read

More from ALM

More from ALM

Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

Resources

  • The Role of Evolving Support Structures in Optimizing Legal Talent

    Brought to you by BigHand

    Download Now

  • Corporate Monitorship Advisory Services

    Brought to you by HaystackID

    Download Now

  • AI-Powered Deposition and Medical Record Summaries: Low Risk, High Reward

    Brought to you by Parrot

    Download Now

  • Aligning Client Needs with Lawyer Growth and Profitability

    Brought to you by BigHand

    Download Now