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Tenth Circuit Clarifies Proper Test for Pretrial Hearing on Seized Assets Needed to Retain Counsel
by Matt Clarke
The Tenth Circuit Court of Appeals ruled that the proper test for whether a district court should hold a pretrial hearing on a motion challenging the seizure of assets is whether the defendant has sufficient unseized assets to pay the reasonable costs of retaining his choice of ...
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More from this issue:
- News in Brief
- Race-Based Arrests Rampant in San Francisco, by Kevin Bliss
- Tracking the Prevalence of Police Crime, by David Reutter
- Former Balch Springs, Texas, Officer Found Guilty of Murder of Black Teen, by Kevin Bliss
- Massachusetts Drug Lab Scandal: Thousands More Cases Likely Affected, by Kevin Bliss
- $225,000 Settlement by Detroit for Unjustified Shooting of Dogs in Drug Case, by Derek Gilna
- Why Defining a ‘Credible Witness’ in Criminal Trials Is a Slippery Slope, by Steve Horn
- Illinois Law on Informants Designed to Avoid Wrongful Convictions, by Betty Nelander
- ‘Innocent Man Almost Executed’ Freed After Decade on Death Row, by Betty Nelander
- Washington Governor Expects to Pardon About 3,500 for Single Misdemeanor Pot Convictions, by Betty Nelander
- Police Commit Significant Number of Sex Crimes, Which May Shock the General Public but Not Those Familiar with Law Enforcement, by Kevin Bliss
- Juror Bias Often Triggered by Severity of Crime Charged, by Edward Lyon
- Investigation and Arrest of Mail Bomb Suspect Rips Cover Off Postal Surveillance, by Derek Gilna
- Campus Cops on Municipal Streets Raises Transparency and Accountability Concerns, by Virginia Griese
- Louisiana Ends Jim Crow-era Law: Unanimous Jury Requirement Now in Constitution, by Virginia Griese
- ‘Texas Reneging on Deal’ With Draconian Sex Offender Registry, but Some Are Fighting Back, by Edward Lyon
- Montana Supreme Court: Retrial Following Mistrial Declared Without ‘Manifest Necessity’ Violates Prohibition on Double Jeopardy, by Mark Wilson
- U.S. Senator Sounds Alarm on Privacy, Public Safety Concerns of Cell-Site Simulators, by Derek Gilna
- DEA Agents Trap Cocaine-Trafficking Suspects with Doctored Blackberrys, by Derek Gilna
- Federal Judge Signals That Defense Counsel Will Be Permitted To Argue Jury Nullification in Questionable Child Porn Prosecution, by Chad Marks
- Texas Court of Criminal Appeals Rules Defense Attorney Violated McCoy, Reverses Capital Convictions and Orders New Trial, by Chad Marks
- Nevada Supreme Court Reverses Convictions Where Trial Court Failed to Conduct Third Step of Batson Challenge, by Chad Marks
- Sixth Circuit: Tennessee Aggravated Sexual Battery Is Not a SORNA Tier III Offense, by Christopher Zoukis
- Georgia Supreme Court: Asportation Required to Support Kidnapping Conviction, by David Reutter
- Montana Supreme Court Overrules Its Precedents Confusing Venue and Jurisdiction, Announces Venue Is Waivable But Cannot Waive Jurisdiction, by Dale Chappell
- California Court of Appeal: Commissioner Cannot Preside Over Parole Revocation Hearing Absent Stipulation, by Douglas Ankney
- Wisconsin Supreme Court Rules Attempt to Close Door in Officer’s Face Clear Signal that Consent Not Given for Warrantless Entry, by Douglas Ankney
- Report: Bitemark Analysis Debunked as Pseudoscience, by Richard Resch
- Montana Supreme Court: City May Not Impose Local Surcharge Not Authorized by State Law for Violation of State Criminal Statute, by Derek Gilna
- Sixth Circuit Holds Tennessee Burglary Not Violent Felony Under ACCA, Overturning Previous Controlling Authority in Light of SCOTUS’ Mathis Opinion, by Dale Chappell
- Maine Supreme Court Rules Double Jeopardy Bars Re-Use of Evidence at Second Trial After Acquittal Based on Same Evidence at First Trial on Different Charges, by Dale Chappell
- West Virginia Supreme Court Vacates Sentence After State Violates Plea Bargain by Making Recommendation at Sentencing, by Matthew Clarke
- Tenth Circuit Clarifies Proper Test for Pretrial Hearing on Seized Assets Needed to Retain Counsel, by Matthew Clarke
- Public Support for Militarized Policing Ebbs, Fails to Improve Safety, by Edward Lyon
- Minnesota Supreme Court Clarifies Rule Against Judicial ‘Participation’ in Plea Negotiations, by Dale Chappell
- Study Shows Reassigning Problem Cops Could Have Saved Chicago More than $6 Million in Lawsuit Payouts, by Dale Chappell
- Washington Supreme Court Announces Effective Date of Certificate of Discharge Is Date Offender Completes All Sentence Requirements, by Chad Marks
- Fourth Circuit Vacates USSG Career Offender Sentence Predicated on Georgia Robbery, by Christopher Zoukis
- Iowa Supreme Court Announces New SOL Rule for Consecutive Postconviction IAC Claims, by Dale Chappell
- Ninth Circuit Remands Drug Case for Reconsideration of Sentencing Guidelines’ Minor-Role Adjustment, by Christopher Zoukis
- N.Y. Court of Appeals Announces When Trial Commences for Timeliness of Pro Se Requests, by Edward Lyon
- President Trump Signs First Step Act Into Law—It’s a Good Initial Attempt at Meaningful Reform, by Chad Marks
- South Carolina Supreme Court Holds Broken Chain of Custody for Drug Evidence Requires Reversal of Conviction, by Dale Chappell
- America’s Cities Are Criminalizing Homelessness, by Matthew Clarke
- Habeas Hints: SCOTUS Review 2017-18, by Tara Hoveland, Kent Russell
- Pennsylvania Supreme Court Holds Defendant Unambiguously Invoked Right to Remain Silent Suppresses Confession and Derivative Physical Evidence and Announces New Rule, by Chad Marks
- Capital Punishment in the United States: Explained, by Callie Heller, Jessica Brand
More from Matthew Clarke:
- DOJ Finds “Horrific and Inhumane” Conditions in Georgia Prisons, March 1, 2025
- Sixth Circuit Upholds $6.4 Million Jury Award Against Corizon Nurses For Michigan Jail Prisoner’s Fatal Alcohol Withdrawal, March 1, 2025
- En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment, March 1, 2025
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025
- Legal Gaffe Prolongs Case of Former St. Louis Detainee Held Eight Months After Dismissal of Charges, Feb. 15, 2025
- Among World Nations, Individual U.S. States Near Top of List for Per Capita Incarceration, Feb. 15, 2025
- DOJ Settles Complaints About Conditions for Disabled Detroit Jail Detainees, Feb. 15, 2025
- New York Prison Officials Found Routinely Violating HALT Act With Overuse of Solitary Confinement, Feb. 15, 2025
- Historic $7 Million Settlement in Lawsuit Over Michigan Jail Prisoner’s Fatal Beating, Feb. 15, 2025
- Suits Filed Over Dehydration Deaths at Two Texas Jails, Jan. 15, 2025
More from these topics:
- Fourth Circuit Rejects Appeal of $700,000 Award to Maryland Prisoner Assaulted by Guards, May 1, 2023. Guard Brutality/Beatings, Settlements, Appeals.
- U.S. District Court Chooses Judicial Remedy, Instead of § 2255, to Allow Out-of-Time Appeal, July 15, 2020. Appeals, Ineffective Assistance of Counsel.
- Kansas Supreme Court: Claim of Illegal Sentence Raised for First Time on Appeal Entitled to Merits Review, March 18, 2020. Appeals, Sentencing.
- Ohio Supreme Court Announces State Cannot Raise Fourth Amendment Standing Issue for First Time on Appeal, Feb. 19, 2020. Appeals, Fourth Amendment, rights.
- New York Court of Appeals Reverses Conviction Where Trial Court Negotiated Cooperation Agreement with Codefendant, Feb. 18, 2020. Appeals, Trials.
- Third Circuit: Failure to Make PLRA Findings Moots Appeal, Feb. 4, 2020. PLRA, Appeals.
- Georgia Supreme Court Announces Fundamental Overhaul of Jurisprudence Governing Appeals of Guilty Pleas and Out-of-Time Appeals, Dec. 18, 2019. Appeals.
- Illinois Prisoner Wins Partial Victory on Appeal in Hernia Treatment Suit, Dec. 10, 2019. Hernias, Appeals.
- Florida Victims’ Rights Law Creates Confusion, Limits Time for Appeals, Dec. 9, 2019. Appeals.
- Indiana Supreme Court: Postconviction Petition Addressing Only Issues From New Trial, New Sentencing, or New Appeal From Federal Court via Habeas Proceedings Is Not a Second Petition Under State Law, Nov. 18, 2019. Appeals, Habeas Corpus.