by Mark Wilson
The U.S. Court of Appeals for the Seventh Circuit held that federal courts lack jurisdiction to hear declaratory judgment actions filed by a city’s executive branch against its legislative branch. “State courts may have authority to resolve an intramural dispute,” the Court observed. “Otherwise it must be ...
by Mark Wilson
The U.S. Court of Appeals for the Eighth Circuit reversed summary judgment in favor of four police officers on an excessive force claim while arresting protestors of the Michael Brown police shooting death.
White Ferguson Police Officer Darren Wilson shot African-American teenager Michael Brown Jr. to death ...
by Mark Wilson
The United States Court of Appeals for the Ninth Circuit affirmed the suppression of evidence of gang affiliation obtained without Miranda warnings.
On July 4, 2012, Antonio Gilton was arrested for murder and invoked his right to counsel. He was taken to jail and locked in a ...
by Mark Wilson
The Mississippi Supreme Court upheld contempt sanctions against a criminal defense attorney, finding that he prejudiced the jury against the judge and prosecutor when he insinuated that they were preventing him from telling the truth.
Adofo Minka represented William Wilson on firearms charges. The trial court interrupted ...
by Mark Wilson
Less than three months into the Trump administration, the President’s assault on science, truth, and all things Obama reached the criminal justice system. Under Trump’s watch, a commission working to improve the reliability of forensic evidence has been abolished.
In 2013, the Obama Administration created the National ...
by Mark Wilson
On April 28, 2017, the Idaho Supreme Court reversed the dismissal of a class action lawsuit alleging that Idaho’s public defense system violates federal and state constitutional standards. The Court held that claims against the State and the Idaho Public Defense Commission (“PDC”) were improperly dismissed but ...
by Mark Wilson
The Oregon Supreme Court upheld the dismissal of murder charges against a defendant who pleaded guilty under a plea agreement to assaulting a victim who subsequently died.
In August 2013, Trevin Michael King, 17, and an adult co-defendant assaulted a man and stole his bicycle. The victim ...
by Mark Wilson
The Louisiana Supreme Court held that an attorney representing an incarcerated felon is not subject to La. R.S. § 44:31.1 when making a public records request to get information in connection with a potential post-conviction relief application.
La. R.S. § 44:31.1 provides that “an individual in custody ...
by Mark Wilson
The Oregon Supreme Court held that a defendant’s intellectual disabilities must be considered when deciding whether a mandatory minimum sentence is disproportionate under the Oregon and United States Constitutions.
On July 15, 2013, Steven Ryan sexually abused 9-year old and 14-year old sisters. He was 23 years ...
by Mark Wilson
The U.S. Court of Appeals for the Ninth Circuit reversed the dismissal of unreasonable seizure and First Amendment violation claims. The Court held that there were disputed issues of material fact on whether police had probable cause to cite plaintiff for obstructing a buffalo herding operation.
Several ...
