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Article • January 19, 2018 • from CLN February, 2018
Misdemeanor Defendants Facing Jail Time Not Told They Have a Right to Counsel, Bar Association Finds by Topher Sanders by Topher Sanders, ProPublica American Bar Association monitors report misdemeanor defendants in Nashville often aren’t told they are entitled to a lawyer even when their charges mean they could end up behind …
Louisiana Prosecutors’ Traffic Ticket Industry Diverting Funds From Public Defenders by David Reutter by David M. Reutter Pretrial diversion programs have traditionally been used to “divert” criminal defendants to drug rehab and counseling programs. Some Louisiana prosecutors, however, have used it to create an industry that diverts traffic ticket revenue …
Fourth Circuit Vacates Brady Claim Denial in Capital Case and Rebukes Prosecutors by Richard Resch by Richard Resch The U.S. Court of Appeals for the Fourth Circuit held that the U.S. District Court for the Eastern District of Virginia abused its discretion in dismissing Anthony Juniper’s Brady claim without holding …
Article • January 19, 2018 • from CLN February, 2018
Colorado Supreme Court: Criminal Defendant Seeking to Fire Paid, Retained Counsel for Court-Appointed Counsel Need Not Show Good Cause by Christopher Zoukis by Christopher Zoukis The Colorado Supreme Court ruled that a criminal defendant may fire retained counsel without any showing of good cause when seeking to replace retained counsel …
Article • January 19, 2018 • from CLN February, 2018
The Insanity Defense: It’s Not What You Think by Christopher Zoukis by Christopher Zoukis In the American criminal justice system, a defendant who commits a crime while “insane” cannot be held legally responsible for that crime. In such cases, legal guilt is not established, and the defendant may not be …
Article • January 19, 2018 • from CLN February, 2018
Equivocal Request for Counsel Requires Police to Seek Clarification of Suspect’s Intent Under Oregon Law by The Oregon Court of Appeals determined that investigating officers failed to clarify the intent of a defendant’s equivocal invocation of the right to counsel, rendering his subsequent statements to police inadmissible. Paul Joseph Sanelle …
District Attorney in New York and Aide Indicted for Covering up Beating by Police Chief by Derek Gilna by Derek Gilna Residents in Suffolk County, N.Y. concerned about crime in their community did not need to look any further than the activities of their own district attorney, Thomas Spota, 76, …
McBride v. Sanden, IA, Complaint, Wrongful Arrest, 2018 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA JOSEPH ROSCO MCBRIDE, PLAINTIFF, vs. JERRY A. VANDER SANDEN, individually and in his official capacity as Linn County Attorney and LINN COUNTY, IOWA, DEFENDANTS. ) ) ) ) ) ) …
Article • December 26, 2017
Claim of Right to Counsel Infringement Survives in Detainees’ Claim of Recorded Attorney Calls by A Florida federal district court granted in part and denied in part a defendant’s motion for summary judgment in a civil rights action that alleged the sheriff of Broward County violated the constitutional attorney-client privileges …
Article • December 26, 2017
Jail Records Protected Conversation: Federal District Court Does Not Dismiss Suit by A Florida federal district court denied a motion to dismiss a civil rights action that alleged the sheriff of Broward County violated the constitutional attorney-client privileges of a group of pre-trial detainees. The motion sought to dismiss Broward …
Article • December 19, 2017 • from CLN January, 2018
Prosecutors in New Orleans Prosecute Public Defenders for Doing Their Job by Matthew Clarke by Matt Clarke Where can you face criminal prosecution for doing your job? The answer is New Orleans if you work for the Orleans Public Defenders (“OPD”). Prosecutors in New Orleans have been threatening to criminally …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Attorney Misconduct
Mississippi Supreme Court Upholds Lawyer’s Contempt Sanction for “Improper” Argument by Mark Wilson 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 …
Article • December 19, 2017 • from CLN January, 2018
Idaho Supreme Court Reinstates Class Action Against the State Alleging Inadequate Public Defense System by Mark Wilson 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 …
Article • December 19, 2017 • from CLN January, 2018
Suffolk County District Attorney and Aide Indicted for Beating and Coverup by Derek Gilna by Derek Gilna Suffolk County, New York residents concerned about crime in their community apparently did not need to look any further than the activities of their own district attorney, Thomas Spota, 76. He and his …
Article • December 19, 2017 • from CLN January, 2018
New York Becomes First State to Require Trial Judges to Remind Prosecutors of Their Brady Obligations During All Criminal Trials by Christopher Zoukis by Christopher Zoukis New York Chief Administrative Judge Lawrence K. Marks issued a bold (and much needed) new rule on November 7, 2017. Intended to remind prosecutors …
Article • December 19, 2017 • from CLN January, 2018
In Case of First Impression, Louisiana Supreme Court Holds Public Records Restriction Inapplicable to Defense Attorney’s Request for Client’s Files and Awards Fees by Mark Wilson 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 …
Silverman v. County of Los Angeles, CA, Request for Dismissal, Sexual Harassment, 2017 "- ... ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, a n d ~ } : W. SMITH .....GREGORY DIANA WANG WELLS FOR COURT USE ONLY {SBN 134385) (SBN 284215)/LEILA K. AL FAIZ (SBN 284309} LAW …
State Bar of Texas Legal Services to the Poor in Criminal Matters Committee: Review of the Operations of State Counsel for Offenders, 2017 Review of the Operations of State Counsel for Offenders Report by the State Bar of Texas Legal Services to the Poor in Criminal Matters Committee1 Approved for …
State Counsel for Offenders Report Review of the Operations of State Counsel for Offenders Report by the State Bar of Texas Legal Services to the Poor in Criminal Matters Committee1 Approved for Publication December 8, 2017 Disclaimer: The following report and the underlying research were completed by members of the …
Article • December 1, 2017
California Attorney Invoices Not Categorically Exempt from PRA Disclosure by Mark Wilson by Mark Wilson The California Supreme Court held that legal billing statements in closed cases are not categorically exempt from disclosure under California’s Public Records Act (PRA). Modeled after the federal Freedom of Information Act (FOIA), the California …
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