JURIST

JULY 28, 2021

The California Supreme Court held Monday that prisoners are entitled to a lawyer before a trial court can consider their record of conviction in determining whether the prisoners may challenge their murder convictions for killings committed by others. The new law in question was California Senate Bill No.

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JURIST

APRIL 5, 2024

The Bill specifically targets Alabamians who pay for assistance in the absentee ballot process, which could result in a felony punishable by up to 20 years. It also makes it a crime to fill out or mail an application or ballot for someone.

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The Crime Report

AUGUST 25, 2022

5th Circuit Court of Appeals has ruled that Mississippi can continue to bar more than 10 percent of its citizens from voting, maintaining a Jim Crow-era provision that bars Mississippians convicted of felonies from taking part in elections, reports the Daily Journal.

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At the Lectern

MARCH 16, 2023

At yesterday’s Supreme Court conference , a double one, actions of note included: Court allows clemency for one, returns files to be redacted for four others. 2) May a superior court ever set pretrial bail above an arrestee’s ability to pay?” ” In its landmark In re Humphrey (2021) 11 Cal.5th Resentencing.

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At the Lectern

MARCH 3, 2023

Last month, Governor Gavin Newsom asked the Supreme Court to allow him to commute five long prison sentences, including four of life without the possibility of parole. Only if a motion is made does the court require the Governor to justify keeping parts of the file confidential. See here , here , and here.)

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JURIST

OCTOBER 3, 2021

The Superior Court of Glynn County, Georgia ruled on Friday that Ahmaud Arbery’s mental health records could not be used as evidence in the trial against the three white men accused of killing the 25-year-old Black man. The defendants face charges of felony murder and false imprisonment. Superior Court Judge William R.

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The Crime Report

OCTOBER 31, 2023

Minnesota Attorney General Keith Ellison will be hosting a clinic in north Minneapolis this week to help eligible people get their criminal records wiped clean, Nafi Soumare reports for the Minnesota Reformer. To be eligible, people must remain crime free during a court-ordered “waiting period,” which can vary from zero to five years.

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At the Lectern

JUNE 14, 2023

The Supreme Court today approved Governor Gavin Newsom’s request for recommendations to commute the life without parole sentences of Tyson Atlas and Martin Loftis. The recommendations are constitutionally required before a governor can grant clemency to anyone who has been “twice convicted of a felony.” See here and here.)

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JURIST

APRIL 11, 2021

California Assembly Member Miguel Santiago and the Los Angeles County District Attorney George Gasc ó n unveiled Assembly Bill 1127 on Friday, which would exclude juvenile crimes from applying under the California Three Strikes law once the person reaches adulthood. If it counts as a third strike, a life sentence may be given.

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The Crime Report

SEPTEMBER 28, 2022

Oregon has the equivalent of 600 full-time court-appointed attorneys, who have historically shouldered about 75,000 adult criminal cases a year. In Multnomah County, the court system delayed more than 700 unrepresented misdemeanor cases and 800 unrepresented felony cases from February through mid-August.

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JURIST

MARCH 26, 2023

A federal court in Guam Friday denied a request to reinstate a total abortion ban on the island of Guam. The Attorney General of Guam Douglas Moylan filed the motion to reinstate the ban. The court concluded that Moylan did not meet his burden under Federal Rule of Civil Procedure 60(b)(5) to warrant lifting the injunction.

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SCOTUSBlog

APRIL 14, 2023

On Monday, the court will hear argument in a pair of cases, Pugin v. While aggravated felonies were initially limited to a few serious crimes, Congress has expanded the list to encompass a broader array of criminal activity, including – in 1996 – “offenses relating to the obstruction of justice.” Share In 1948, Justice William O.

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At the Lectern

MAY 31, 2023

The Supreme Court today made public redacted versions of records submitted by Governor Gavin Newsom in support of his requests for the court’s permission to commute four life-without-parole sentences. Under a 2021 policy , but for the motions, the records would have remained completely confidential.

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At the Lectern

APRIL 7, 2023

Governor Gavin Newsom yesterday asked for Supreme Court approval to grant clemency to six people, including a second attempt to commute a sentence of life without the possibility of parole. The first attempt failed when a divided court over four years ago denied then-Governor Jerry Brown’s request for a clemency recommendation.

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JURIST

FEBRUARY 12, 2023

The Los Angeles County District Attorney’s Office Friday announced that former Los Angeles County Sheriff’s Deputy Andrew Lyons will stand on trial for the on-duty fatal shooting of unarmed 24-year-old Ryan Twyman in 2019. He waived his right to a preliminary hearing on January 10 and therefore is due back in court on February 28.

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JURIST

JANUARY 12, 2024

Watts had initially been charged with felony abuse of a corpse in October after Warren County police found the remains of her pregnancy in her toilet and trash. After the US Supreme Court’s Dobbs v. In December, the Texas Supreme Court denied Kate Cox access to an abortion, despite her pregnancy compilations.

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At the Lectern

JUNE 8, 2023

The Supreme Court today affirms the death sentence in People v. Fifteen years ago, the court reversed the penalty (but affirmed the defendant’s conviction) because the superior court during penalty-phase deliberations had erroneously dismissed the lone juror holding out for a life-imprisonment verdict.

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JURIST

DECEMBER 8, 2023

It makes performing an abortion a felony punishable by up to life in prison unless the patient qualifies under a very narrow set of exceptions. The Court finds that Plaintiffs are reasonably chilled from performing or aiding in the performance of an abortion for Ms. Texas’s trigger ban took effect in 2021.

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At the Lectern

MAY 12, 2023

The San Bernardino County District Attorney’s office has filed a motion asking the Supreme Court to allow the office to present briefing and argument regarding Governor Gavin Newsom’s request for the court’s permission to commute the life-without-possibility-of-parole sentence of Tyson Atlas. See here and here.)

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At the Lectern

JUNE 28, 2023

The Supreme Court today approved Governor Gavin Newsom’s request for a recommendation to commute the life without parole sentence of Gregory Sanders. The recommendation is constitutionally required before a governor can grant clemency to anyone who has been “twice convicted of a felony.” See here and here.)

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SCOTUSBlog

JANUARY 9, 2023

Share Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Monday morning read: Is Encouraging Unauthorized Immigration Free Speech or a Felony? The Supreme Court’s back door ( Katherine Long & Jack Newsham, Business Insider).

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JURIST

APRIL 6, 2023

The survivors and families of the victims joined in a lawsuit against the US government, alleging negligence under the Brady Handgun Violence Prevention Act due to the government’s failure to prevent Kelley from purchasing a firearm despite his prior felony convictions.

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Constitutional Law Reporter

DECEMBER 16, 2022

Supreme Court recently agreed to consider a case that is expected to define the scope of federal identity theft law. The specific issue before the Court in Dubin v. After a district court upheld the convictions, Dubin appealed. Issues Before the Supreme Court. The Supreme Court granted certiorari on November 22, 2022.

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MorneauLaw

MAY 20, 2023

Can I Record My Spouse or Co-Parent for Court? That leads many people to believe that a recording may help their parenting or divorce case in court. Not only will most recordings not be admitted as exhibits by a judge, but these recordings can also bring bigger consequences including criminal misdemeanor or felony charges.

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The Crime Report

SEPTEMBER 2, 2022

According to a Maricopa County Attorney’s Office spokesperson, prosecutors “examined the facts and evidence and determined that a felony had been committed and prosecuted the case appropriately.” Officials have so far denied the allegations.

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At the Lectern

JANUARY 12, 2023

Yesterday’s Supreme Court conference , a double one, was one of several firsts: the first conference of 2023, the first with Patricia Guerrero as chief justice, and the first for new Justice Kelli Evans. Conference actions of note included: Supreme Court accepts Ninth Circuit jail employment case. Parole eligibility.

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The Crime Report

JULY 15, 2022

Jagger Freeman has been convicted of second-degree murder and sentenced to 30 years to life in prison because of New York’s felony murder law, a legal concept that broadens the crime of murder to include those who set into motion a series of events that lead to a person’s death, regardless of their intent, The Gothamist reports.

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JURIST

DECEMBER 8, 2023

The new charges join the two previous charges filed against him in a federal court in Delaware. Biden now faces 11 charges in total—three felonies and eight misdemeanors. Weiss previously served as US Attorney for the District of Delaware and has been involved in investigations related to Biden’s case since 2019.

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JURIST

AUGUST 18, 2022

A federal grand jury in the US District Court for the Western District of Missouri indicted Walter Lee Hoornstra Wednesday for threatening an Arizona election official. Both counts are felony charges, and Hoornstra could face up to seven years in prison and a $500,000 fine. Assistant Attorney General Kenneth A. Polite, Jr.

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JURIST

NOVEMBER 21, 2022

District Attorney Michael Allen said Aldrich will have his first appearance in court via video from jail, where he will be held without bond after he is released from the hospital. ” Aldrich was previously arrested and charged in 2021 with two counts of felony menacing and three counts of first-degree kidnapping.

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JURIST

JANUARY 3, 2024

The case is in the US District Court for the Western District of Texas Austin Division. The law creates a misdemeanor offense for violation of the statute and a felony crime for multiple offenses. Addressing the lawsuit, Associate Attorney General Vanita Gupta stated : SB 4 is clearly unconstitutional.

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The Crime Report

SEPTEMBER 28, 2021

Los Angeles County District Attorney George Gascón announced that his office will dismiss roughly 60,000 marijuana convictions, the latest step to undo what some reform advocates consider the damage caused by narcotics enforcement carried out before Californians voted to legalize marijuana, reports the Los Angeles Times.

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JURIST

MAY 29, 2022

Court filings by the US Department of Justice claimed that Hale-Cusanelli was a “ white supremacist and Nazi sympathizer.” Court filings by the US Department of Justice claimed that Hale-Cusanelli was a “ white supremacist and Nazi sympathizer.”

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The Crime Report

MAY 17, 2022

Criminal defendants in Oregon who have gone without legal representation for long periods of time amid a critical shortage of public defense attorneys have filed a lawsuit that alleges the state violated their constitutional right to legal counsel and a speedy trial, reports the Associated Press.

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The Crime Report

DECEMBER 22, 2022

Public defenders in New York City have accused Mayor Eric Adams and the NYPD of improperly using sealed criminal court records to manipulate public perception of bail reform’s impact on repeat crime, Matt Katz reports for the Gothamist. At the center of the controversy?

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The Crime Report

JANUARY 21, 2022

New York is moving to end a requirement that law school graduates report past arrests and police interactions short of convictions in order to become practicing attorneys, following a new report finding that excessive screening discourages people of color from applying to law school and the bar, reports Bloomberg News.

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At the Lectern

MAY 3, 2023

Documents that Governor Gavin Newsom lodged under seal in support of a request for Supreme Court permission to commute Elaine Wong ’s life without parole sentence will likely be made available to the public, at least in part. This is the second time a governor has sought a court recommendation to commute Wong’s sentence.

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