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Analysis of major changes to criminal law and its impact
By Ross Todd | June 27, 2023
Over a six-week span in May and June, Halpern argued appeals in the Second, Fifth and Seventh Circuits as well as New York's Appellate Division, Second Department.
7 minute read
By Brian Lee | June 26, 2023
It would be similar to the way the Second Circuit certifies questions to the state court, Chief Judge Rowan Wilson said in a podcast interview.
4 minute read
By Avalon Zoppo | June 16, 2023
Writing for the court, Justice Ketanji Brown Jackson says Congress allowed for concurrent sentencing in gun-and-drug convictions.
3 minute read
By Avalon Zoppo | June 15, 2023
Retrying a defendant convicted in an improper court does not violate double jeopardy, justices unanimously hold.
3 minute read
By Adolfo Pesquera | June 14, 2023
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
By Avalon Zoppo | June 14, 2023
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
By Jim Saunders | June 13, 2023
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
By Louis F. Locascio | June 13, 2023
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
By Jim Saunders | June 12, 2023
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
By Joel Cohen | June 12, 2023
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
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