2020 Criminal Law Legal News Archives

January 2019

Should Other States Adopt Utah’s New Legal Limit?

Wednesday, 16 January, 2019

As of December 30, 2018, Utah became the state with the lowest legal limit in the nation. The term “legal limit” is a shorthand expression that refers to the maximum blood alcohol concentration (BAC) allowed in a driver’s blood. The new legal limit in Utah is 0.05. In every other state, … continue reading

December 2018

Illinois Passes a Law Limiting Use of Jailhouse Snitches

Saturday, 15 December, 2018

In a victory for advocates of fair trials for individuals accused of crime, the State of Illinois has adopted a law that will restrict the use of “jailhouse snitch” testimony by prosecutors. The law may stand as a model for other states as pressure mounts for meaningful criminal justice reform. A … continue reading

May 2018

The Troubling Judicial Trend to Use Algorithms to Predict Future Dangerousness

Saturday, 12 May, 2018

Nobody can predict the future. It is nevertheless possible to predict outcomes for large groups of people with reasonable accuracy. As a group, nonsmokers live longer than smokers, although at the individual level, some smokers live long lives. As a group, drivers who collect speeding tickets are more likely to … continue reading

April 2018

When is it Libel to Call Someone a Liar?

Sunday, 8 April, 2018

As I wrote about in this blog post, defamation is a tort (civil wrong) and can also be a crime. Defamation in writing is called libel, and spoken defamation is called slander. Commonly, for a defendant to be liable for defamation under tort law, he or she must: make an intentional false communication, either … continue reading

February 2018

Can a Lawyer Ignore a Client's Wishes to Save His Life?

Saturday, 3 February, 2018

The US Supreme Court is considering whether it's unconstitutional for a lawyer to ignore a client's wishes in order to save his client's life. Robert McCoy was arrested in 2008 and charged with the murder of the son, mother, and step-father of his estranged wife. The evidence against McCoy included the gun used … continue reading

June 2017

Defendant Pleads Guilty in Porn Troll Case

Thursday, 29 June, 2017

One of the lawyers behind a "porn trolling" scheme has pleaded guilty to federal charges of fraud and money laundering. As reported by Ars Technica, which has been following the case for years, attorney John Steele admitted that he and his co-defendant, attorney Paul Hansmeier, made more than $6 million by … continue reading

Wells Fargo Settles Class Action for Fraudulent Accounts

Saturday, 17 June, 2017

Wells Fargo agreed to settle a class action lawsuit concerning its fraudulent behavior in opening millions of checking, savings, and credit card accounts in the names of customers who did not authorize them. The class action lawsuit (Jabbari v. Wells Fargo & Co.) is pending in federal court in San … continue reading

Woman on Trial for Texting Suicide Encouragement

Tuesday, 13 June, 2017

A 20-year-old Massachusetts woman is on trial for sending a text as a teenager, encouraging her boyfriend to commit suicide. [See the Update to this story below.] As the New York Times reports,  Michelle Carter, who was 17 at the time, responded to a text from her boyfriend, Conrad Roy, that … continue reading

May 2017

DEA Investigation of Opioid Manufacturer Fails to Result in Criminal Punishment

Sunday, 21 May, 2017

A high-profile federal investigation into a drug company responsible for manufacturing opioids linked to illegal street use has ended with a low-profile settlement as officials were unable find evidence for serious criminal charges.  The relatively uninspiring result to the ambitious federal investigation underscores the challenges facing government officials who are tasked … continue reading

April 2017

Driving While Stoned: Marijuana and Impaired Driving

Thursday, 20 April, 2017

More than half of the American states have reformed their drug laws to allow people in those states to use marijuana legally under specified circumstances. Most of those states permit the medical use of marijuana, although seven states and the District of Columbia now allow the use of marijuana for … continue reading

November 2016

Nick Gordon Loses Bobbi Kristina Brown Lawsuit

Monday, 7 November, 2016

Nick Gordon has lost the wrongful death lawsuit that was filed against him by the estate of his former girlfriend, Bobbi Kristina Brown, the daughter of singers Bobby Brown and the late Whitney Houston. The lawsuit was filed in 2015 by Bobbi Kristina Brown’s estate and sought $50 million in … continue reading

September 2016

DNA Expert Witness From Casey Anthony's Murder Trial Discredited

Tuesday, 27 September, 2016

DNA expert Richard Eikelenboom has been barred from providing testimony in an upcoming sexual assault case after a Denver district court found that Eikelenboom had inadequate training.  In this sexual assault case, two defendants were found guilty of attacking a woman after a work-related Christmas party. The defendants were charged after … continue reading

Boston Police Union Loses Challenge to Mandatory Body Camera Policy

Tuesday, 13 September, 2016

A Massachusetts judge has denied a request by the Boston police union to block a mandatory program that will install body cameras on officers. Members of the Boston police department argued the program violated a collective bargaining agreement, however, the judge was not convinced and allowed the body camera pilot … continue reading

August 2016

Is it a Crime to Borrow a Netflix Password?

Sunday, 28 August, 2016

The Ninth Circuit recently ruled that using someone else's password to get into a computer is a crime under the Computer Fraud and Abuse Act (“CFAA”). Does that mean that the federal prisons will soon be full of people who use borrowed Netflix and HBO Go passwords? Probably not — federal law … continue reading

Does Selling Bitcoins Violate Laws Against Money Laundering?

Saturday, 20 August, 2016

Bitcoins may be a substitute for money, but it is not the kind of money addressed by money laundering statutes, according to a Miami judge. The judge’s decision applies Florida law, but its logic may extend to similar money laundering statutes. As Bitcoin grows in popularity, questions about the legality … continue reading

Federal Appeals Court Nixes Judge's Criminal Record Expungement Order

Monday, 15 August, 2016

A federal appeals court has issued a ruling preventing judges from expunging criminal records, forcing ex-offenders to seek relief from Congress.  The decision overruled a Brooklyn judge who decided grant a motion for a clean criminal record, squashing a potential avenue for a clean slate for men and women who … continue reading

Drivers Should Be Wary of Roadside Drug Tests

Sunday, 14 August, 2016

Drivers who are suspected of driving under the influence of alcohol are usually asked to blow into a portable breath testing device. No similar testing device helps the police decide whether they have probable cause to arrest a driver for being under the influence of drugs. No roadside test measures … continue reading

July 2016

Baltimore Prosecutor Abandons Case against Police Charged with Freddie Gray's Death

Wednesday, 27 July, 2016

Prosecutors trying six Baltimore police officers accused of misconduct causing the death of Freddie Gray have announced they will drop all remaining charges after a string of losses which suggest there is not sufficient evidence to earn a conviction.  Although the Baltimore State’s Attorney maintained her position that the officers … continue reading

Drivers Cannot Be Criminally Prosecuted for Refusing to Submit to a Warrantless Blood Test

Thursday, 21 July, 2016

In the ever-escalating war against drunk drivers, some states have made it a crime for a driver to refuse an officer’s request to submit to a blood test after being arrested for an impaired driving offense. By a 7-1 vote, the Supreme Court ruled that drivers may not be criminally … continue reading

Wisconsin Supreme Court Approves Use of Risk Assessment Test in Sentencing

Friday, 15 July, 2016

The Supreme Court of Wisconsin ruled that judges in the state may consult a risk assessment algorithm in sentencing decisions.  The use of a risk identification tool during sentencing was challenged by a convicted criminal defendant, but Wisconsin’s High Court upheld use of the assessment with qualifications detailing when and … continue reading

June 2016

Supreme Court to Hear Two Challenges to Texas Death Penalty

Wednesday, 8 June, 2016

The United States Supreme Court has agreed to hear another case which tests the constitutional limits of the death penalty.  Two cases challenging Texas capital punishment procedures were accepted by the Justices, and the decisions could influence how states account for mental competency and racial background of death penalty defendants.  Supreme … continue reading

May 2016

Louisiana Passes Blue Lives Matter Law making Violence against Police a Hate Crime

Wednesday, 25 May, 2016

Louisiana is set to become the first state to classify assaulting public safety officials such as police and firefighters as a hate crime.  The state’s “Blue Lives Matter” legislation will be signed into law later this week, and has created controversy between supporters who welcome additional protections for police officers … continue reading

Cyber-Attack Leads to Cat Fight in Court

Thursday, 12 May, 2016

BoxIt, LLC, owner of KitNipBox, a monthly service that provides goodies for cats, has sued competitor Meowbox in Federal Court in the wake of a cyberattack. In its complaint BoxIt alleges that Meowbox, and its employees, Francois Deschenes and Olivia Canlas (also named as individual defendants), Illegally hacked into KitNipBox’s website … continue reading

April 2016

Can Hacked Data Support a Fraud Claim Against an Online Dating Site?

Saturday, 30 April, 2016

Online dating services can be an effective way for single men and women to broaden their social horizons, but they can also pose risks. Apart from the difficulty of knowing whether the person who appears in an online profile is as fun, attractive, wealthy, or unattached as he or she … continue reading

Is It Legal to Drive Drunk in Your Own Driveway? Yes, If You Live in Michigan.

Tuesday, 26 April, 2016

Is it a crime to drive drunk in your own driveway? Not in Michigan, according to a recent decision from that state’s court of appeals. The decision has no precedential value in any other states, but judges in states with similar laws might be persuaded by the court’s reasoning. Facts of … continue reading

February 2016

Revenge Porn: A Nasty Business

Thursday, 25 February, 2016

I’ve previously written about the practice of “revenge porn” — when someone (typically a spurned lover, and typically male) posts revealing or sexually explicit pictures of someone else as a way of getting revenge after a relationship has failed. In my earlier post, I talked about various ways copyright law was … continue reading

Protect Yourself from Insider Trading Accusations

Sunday, 21 February, 2016

Although some federal courts have limited the reach of prosecutors who charge individuals with insider trading, anyone who profits from a stock sale or purchase that is based on confidential information may be at risk of prosecution. A recent example of that risk involves an attorney at a law firm … continue reading

January 2016

Justice Department Suspends Equitable Sharing of Forfeited Assets

Sunday, 31 January, 2016

Federal asset forfeiture laws have been one of the most controversial weapons in the war against crime that began in the 1980s. The laws allow the government to confiscate proceeds of illegal activity from suspected criminals (including goods purchased with the proceeds of criminal activity), diverting them instead to the … continue reading

Can Tribal Courts Punish Native Americans for Crimes Committed Outside the Reservation?

Saturday, 23 January, 2016

The power of Native American tribal governments to enforce criminal laws of their own making is a contentious issue that has given rising to conflicting and confusing decisions in state and federal courts. Tribes have long been understood to have sovereign authority to govern their own nations, at least with … continue reading

Coal Mining CEO Avoids Felony Conviction - Faces Misdemeanor Sentence

Wednesday, 13 January, 2016

After a trial that lasted more than two months, federal prosecutors failed to obtain felony convictions against Don Blankenship, the controversial former CEO of Massey Energy, a coal mining company with a dismal record of safety violations. The trial followed a 2010 coal mine explosion that killed 29 miners. Prosecutors did … continue reading

Bill Cosby Charged With Sexual Assault in Pennsylvania

Friday, 1 January, 2016

Legendary comedian Bill Cosby has been arrested and formally charged in Pennsylvania for allegedly drugging and sexually assaulting a woman who he encountered in 2004.  The charges are the latest development in the highly public investigation of the 78-year-old Crosby who has been accused of sexual assault by more than … continue reading

December 2015

Sgt. Bowe Bergdahl will Face Court Martial for Desertion Charges

Thursday, 17 December, 2015

This week the United States Army announced that Sgt. Bowe Bergdahl will face a general court martial and be charged with desertion and misbehavior before the enemy despite investigators recommending otherwise.  Bergdahl became the highlight of a controversial prisoner exchange last year, and investigation into the reason for his capture … continue reading

Is Sleeping While Intoxicated a Crime?

Friday, 4 December, 2015

You go to a bar with some friends after work and have a few drinks. Maybe you stay for another drink after your friends leave. When you walk out of the bar, you stumble a bit. Realizing that you might be too drunk to drive, you look for a taxi … continue reading

November 2015

Police Misconduct That Goes Unreported and Undocumented Undermines Our Criminal Justice System

Saturday, 14 November, 2015

The police play a vital role in the nation’s criminal justice system. Prosecutors, judges, and the public depend on the police to investigate crime, to make arrests that are supported by probable cause, and to adhere to professional standards that preserve the system’s integrity. When police officers honor their oath … continue reading

October 2015

Can You Invoke Your Right to Remain Silent to Avoid Disclosing Your Company Phone Passcode?

Tuesday, 27 October, 2015

A US federal court in Pennsylvania ruled that, under the Fifth Amendment to the US Constitution, people under investigation for crimes don’t need to disclose their personal passcodes to smartphones issued to them by their employers. As the court noted, the case involves “the interplay of mobile technology, employer rights and … continue reading

Arkansas Is Latest State to Suspend Executions

Monday, 26 October, 2015

Just a few months ago, in a 4-3 decision, the Arkansas Supreme Court rejected a challenge to the state’s death penalty statute. Opponents of the law claimed that it failed to provide a specific procedure for administering a lethal injection and therefore gave too much discretion to state officials. A … continue reading

September 2015

Transgender Inmate Wins Sexual Abuse Lawsuit against Maryland Prison Officials

Wednesday, 30 September, 2015

An administrative judge in Maryland ruled that a state prison violated federal regulations by mistreating a transgender inmate housed in the facility.  The ruling was a unique victory for a transgender inmate alleging harassment at the hands of prison guards, and may set the tone for future legal action by … continue reading

August 2015

Texas Man Sentenced to Marriage in Assault Case

Tuesday, 11 August, 2015

A judge in East Texas issued an unusual sentence last week by forcing a 20-year-old defendant to choose between 15-days in jail or a lifetime of marriage to his 19-year-old girlfriend.  The unique sentence also required counseling and regular recitation of Bible verses, and raises questions about the power judges … continue reading

July 2015

FBI Investigates St. Louis Cardinals for Breaking into Astro's Database

Monday, 13 July, 2015

The FBI and the US Justice Department are investigating the St. Louis Cardinals for infiltrating the computer network of the rival Houston Astros, as reported by the New York Times. This is believed to be the first case of alleged business espionage involving professional sports teams. According to the Times, Law enforcement officials … continue reading

June 2015

Consent Not a Valid Defense Under California's Statutory Rape Law

Tuesday, 30 June, 2015

In the state of California, it is crucial to know the difference between statutory rape and rape. Statutory rape does not involve a forced sex act upon another person. Additionally, violence is not involved and in many cases, the alleged perpetrator often knows the alleged victim and is close with … continue reading

Supreme Court Reverses Conviction for Facebook Threats

Thursday, 11 June, 2015

The US Supreme Court ruled that evidence that a man had used violent and graphic language on Facebook was not enough to support his conviction for making threats in violation of federal law. As reported by NPR, Anthony Elonis of Pennsylvania was arrested by the FBI, which had been monitoring his … continue reading

South Carolina Police Officer Indicted for Murder for Walter Scott Shooting

Monday, 8 June, 2015

The North Charleston, South Carolina police officer who fatally shot Walter Scott during a traffic stop has been indicted for murder by a grand jury. Former officer Michael Slager was captured on video shooting White in the back while he ran away from the scene of a traffic stop, an … continue reading

May 2015

US and Swiss Law Enforcement Arrest Top FIFA Officials on Bribery Charges

Thursday, 28 May, 2015

The United States Department of Justice made headlines this week by issuing sweeping indictments against several top FIFA officials after an investigation suggested that leaders of the worldwide soccer organization received more than $150 million in bribes to award choice events to countries willing to pay. In a joint effort … continue reading

April 2015

Sex and Senility - When is It a Crime?

Friday, 24 April, 2015

Henry Rayhons, 78, was charged with felony sexual abuse for allegedly having sex with his wife in a nursing home on May 23, 2014. On April 22nd, Mr. Rayhons was found not guilty by an Iowa jury. Mr. Rayhons was charged under Iowa law with “Sexual Abuse in the 3rd Degree” … continue reading

Operator of Revenge Porn Site Sentenced to 18 Years

Monday, 13 April, 2015

As reported by NPR, the operator of a “revenge porn” website has been sentenced to 18 years in prison after being convicted of six counts of extortion and 21 counts of identity fraud. Kevin Bollaert, 28, operated websites called UGotPosted.com and ChangeMyReputation.com. He encouraged people to post intimate pictures of others as … continue reading

Has Your Lawyer Been Hacked?

Friday, 10 April, 2015

Practically every week, another major hack attack makes the news. Hackers have invaded, and stolen data from, banks, retailers, and even movie studios. Hundreds of millions of consumers have had their names, email addresses, phone numbers, mailing addresses, credit card numbers, medical histories, and Social Security numbers taken by hackers. Often, … continue reading

Boston Marathon Bomber Found Guilty, Faces Death Penalty

Wednesday, 8 April, 2015

A federal jury in Massachusetts convicted Dzhokhar Tsarnaev of all 30 charges stemming from his role in the 2013 Boston Marathon bombings.  The conviction includes several capital charges, meaning the 21-year-old faces the death penalty in a separate trial phase to begin later this month in front of the same … continue reading

Amanda Knox Cleared of Murder by Italian Court, Will Seek Financial Compensation

Wednesday, 1 April, 2015

Late last week, the Italian Court of Cassation fully cleared Amanda Knox and her former boyfriend Raffaele Sollecito of any involvement in the 2007 stabbing death of Knox’s British roommate, Meredith Kercher.  Although Italy’s highest court wrapped up Knox’s 7-year legal saga, attorneys for the 27-year-old Seattle resident have announced … continue reading

February 2015

Emojis on Trial in Silk Road Drug Site Case

Monday, 2 February, 2015

As the New York Times reports, the trial of Ross W. Ulbricht recently began in federal district court in Manhattan. Ulbricht is charged with running a website called Silk Road where vendors could sell drugs and other illegal merchandise anonymously. Transactions were conducted using Bitcoins. Ulbricht allegedly earned $18 million-worth of … continue reading

January 2015

Making Sense of California's First "Revenge Porn" Conviction

Tuesday, 27 January, 2015

The first conviction under California's "revenge porn" law illustrates the limited nature of the conduct that will support a criminal conviction. It also demonstrates that the law works as intended. The law has been in effect since October 2013. The lone conviction to occur in that time suggests that the law … continue reading

Ferguson Grand Juror Files Lawsuit Against Missouri Gag Order

Tuesday, 6 January, 2015

A grand juror who was part of the group that decided not to indict Ferguson Police Officer Darren Wilson for the shooting death of Michael Brown has filed a lawsuit requesting the right to speak publically about the experience.  Under Missouri law it is a misdemeanor to discuss grand jury proceedings, … continue reading

December 2014

"Waiving" Goodbye To Your Rights: The Fourth Amendment in a Digital Era

Tuesday, 16 December, 2014

The Supreme Court has grappled with the application of Fourth Amendment rights in a digital age. In the last two years they have especially struggled with the application of the Fourth Amendment to electronic tracking and digital data. Even though the Supremes still refuse to lay down a bright line … continue reading

Supreme Court Chief Justice Samples Eminem

Thursday, 11 December, 2014

When does a rap become a threat? Supreme Court Chief Justice John Roberts is listening to Eminem in order to figure it out. As reported by the New York Times, the case before the high court involves rap lyrics posted on Facebook by Anthony Elonis, a Pennsylvania man who uses the … continue reading

The Aftermath of Ferguson: Is Free Speech Still Protected?

Tuesday, 9 December, 2014

It seems everyone has a comment on the civil implications and racial overtones of the Ferguson riots after a grand jury declined to indict Officer Darren Wilson. Governors and celebrities alike have focused on the racial overtones associated with all of the surrounding events and have speculated about how to … continue reading

November 2014

Not Automatic for All: What Prop 47 Does Not Do

Tuesday, 18 November, 2014

Recently, Californians voted to reform criminal sentencing with the passage of Proposition 47. Prop 47, which some supporters have referred to as "The Safe Neighborhoods and Schools Act," reduces the classification of most non-serious and non-violent property and drug crimes from a felony to a misdemeanor. What Prop 47 Aims to … continue reading

October 2014

California Adopts 'Yes Means Yes' Law: Having Sex Becomes Risky for College Students

Monday, 6 October, 2014

Governor Jerry Brown recently signed the "Affirmative Consent" bill, making California the first state in the nation to adopt "yes means yes" laws. Under the new law, which will take effect on college campuses, silence or lack of resistance from sexual activity does not constitute consent. The law defines people who … continue reading

September 2014

9th Circuit Dismisses Child Pornography Evidence due to NCIS Investigation

Monday, 22 September, 2014

The 9th Circuit Court of Appeals dismissed evidence of child pornography that was illegally obtained via an overbroad online investigation conducted by the Naval Criminal Investigative Service (NCIS) citing federal statutes that prohibit military police organizations from interfering with the enforcement of civil laws. NCIS Investigates Civilian Computers At issue in United … continue reading

Ray Rice Video Raises Questions of Additional Legal Punishment

Thursday, 11 September, 2014

The National Football League (NFL) was called to address a violent incident of domestic assault this week when internet news source TMZ released footage of Ray Rice hitting his then-fiancé Janay Palmer in an Atlantic City elevator. Although the NFL and Rice’s team, the Baltimore Ravens, took action once the … continue reading

August 2014

ACLU Sues Oklahoma for Shielding Press During Execution

Monday, 25 August, 2014

In the wake of Oklahoma’s botched execution of convicted murderer Clayton Lockett in April, the American Civil Liberties Union (ACLU) has filed a lawsuit which alleges that the press has a First Amendment right to view lethal injections.  The suit, filed on behalf of two media outlets, requests that Oklahoma … continue reading

June 2014

When Is An Online Threat Considered a Crime?

Tuesday, 24 June, 2014

Motivated by the relative obscurity and safety of an anonymous internet identity, people are often quick to post malicious rants on social media websites. Many of these faceless individuals would never dream of repeating these comments in person, especially in front of a largely unknown audience. When does offensive, violent or … continue reading

Colorado Law Requires Professionals to Report Elder Abuse or Face Criminal Charges

Monday, 16 June, 2014

A Colorado law designed to encourage the prompt reporting of potential elder abuse goes into effect on July 1, 2014. The legislation, passed and signed almost a year ago, requires professionals that deal with the elderly to report instances of abuse or suspected abuse within 24 hours of discovery. Failure … continue reading

Old Scams - New Technology Used as Seniors Fall Victim to Fraud

Tuesday, 10 June, 2014

Senior citizens are continuing to fall prey to scams at an alarming rate. As the Internet and trends toward globalization continue to solidify, con artists, both domestic and foreign, have taken to the phone and the Internet in an attempt to defraud seniors. Use of Landlines to Target Seniors Senior citizens, the … continue reading

May 2014

Supreme Court Dismisses Florida Test for Intellectual Disability Claims in Death Penalty Cases

Wednesday, 28 May, 2014

A divided Supreme Court struck down a Florida law setting a strict threshold for intellectual disability claims used by capital defendants to avoid the death penalty.  According to Florida law, a convicted defendant seeking to avoid the death penalty by claiming intellectual disability – the newly accepted term for mental … continue reading

New York State Court Shoots Down Cyber Bullying Law

Tuesday, 13 May, 2014

Cyber bullying’s rapid rise through the ranks of social concerns has reached the point of state legislators across the country attempting to criminalize online harassment.  Measures against online bullying have been proposed and considered across the US, but the lingering concerns over infringement of speech were highlighted last week when … continue reading

April 2014

Tougher Penalties Sought for Cyber-Bullies As UK Cracks Down On Trolling

Tuesday, 8 April, 2014

The proliferation of Internet “trolls” and an escalation in the inflammatory nature of their speech has sparked a potential change in the UK legal landscape. As reported by the London Evening Standard, MP Angela Bray has introduced legislation that could change where—and how—online and mobile text harassment cases are handled. Malicious … continue reading

May 2013

Paralyzed Eyewitness Provides Unusual Testimony in Murder Conviction

Friday, 17 May, 2013

It is not unusual for eyewitness testimony to prove critical in a murder conviction, however, prosecutors in Cincinnati put together an unusual case by relying extensively on the testimony of a paralyzed witness unable to speak.  Last week, Ricardo Woods was convicted of murder after a shooting victim communicated with … continue reading

April 2013

Which States Have the Toughest Drunk Driving Penalties?

Monday, 15 April, 2013

Drunk driving charges can yield penalties from first-offense fines and a ding on your record, to thousands of dollars in fees and jail sentences of up to two years. Consider this: for the cost of some DUI's, the offender could have called a helicopter for a ride home. But because … continue reading

March 2013

Italian Supreme Court Overturns Amanda Knox Acquittal

Wednesday, 27 March, 2013

An Italian court has overturned the acquittal of American Amanda Knox and her Italian ex-boyfriend Raffaele Sollecito, ordering the pair to face a new trial for the murder of Knox’s former roommate, Meredith Kercher.  Knox’s trial for the 2007 murder resulted in a 2009 conviction and 25 year prison sentence, … continue reading

Maj Nidal Hasan Faces Death Penalty in Military Trial for Fr. Hood Shooting

Friday, 22 March, 2013

The trial of Maj. Nidal Malik Hasan, the Army psychiatrist charged after the 2009 shooting at Ft. Hood, took a step forward on Wednesday when judge Col. Tara Osborn rejected the defendants’ attempt at a guilty plea.  Under military law, defendants whose crimes carry a penalty of death are not … continue reading

Aurora Shooter's Catch-22

Friday, 8 March, 2013

James Holmes, on trial for killing 12 people and wounding 58 others in a shooting spree at a movie theater in Aurora, Colorado, is set to enter a plea next week. Holmes’ attorneys filed motions last week indicating they are prepared to assert an insanity defense, but want the court … continue reading

February 2013

U.S. House Approves Renewal of Violence Against Women Act

Thursday, 28 February, 2013

In a vote today that crossed party lines, the House passed the Senate version of the Violence Against Women Act (VAWA), both renewing the original law first passed in 1994 and extending protections for Native American, undocumented immigrant and LGBT women. This vote, 286-138, came on the heels of a … continue reading

California 3rd Strike Inmates Receive Sentence Review

Thursday, 14 February, 2013

A California judge, Honorable William Ryan, has begun the process of reviewing over 1,000 petitions from prisoners serving life sentences for committing a 3rd strike felony who are requesting a reduced sentence.  The reviews come only three months after California voters approved Proposition 36, which allows for non-serious and non-violent … continue reading

January 2013

Church of Scientology Sued for Fraudulent Use of Donations

Monday, 28 January, 2013

A new lawsuit filed against the Church of Scientology, along with other recent bad publicity, may send the controversial religion into a state of decline. Two formerly-dedicated members of the Church, Luis and Rocio Garcia of California, are bringing a federal suit claiming that donation funds were misused and that … continue reading

'Heroes' Actress Tawny Cypress Sued By Ex-Husband for Assault

Tuesday, 8 January, 2013

Former star of hit TV series “Heroes” Tawny Cypress is creating drama on screen, and off. According to news reports the 36-year-old actress is being sued by her former husband Bill Charles for assault. The lawsuit claims that on his way into a restaurant, Charles was hit over the head with … continue reading

November 2012

CEO of Estate Planning Firm Pleads Guilty to Stealing from Dying Patients

Wednesday, 21 November, 2012

The president and CEO of Rhode Island-based Estate Planning Resources firm, Attorney Joseph A. Caramadre, along with his employee, Raymour Radhakrishnan, are being charged in a district court for multiple counts of fraud. Caramadre and Radhakrishnan both pleaded guilty to scheming and stealing millions of dollars by using the identities … continue reading

Man Receives 2-Year Sentence for Perjury During Jury Selection

Friday, 16 November, 2012

A potential juror in Massachusetts has received a two year prison sentence for misleading the trial judge about his relationship with the parties to the crime. When 23-year old Jonathon G. Ngarambe was called for jury duty for a gang-rape case, he told the judge and prosecutor that he did … continue reading

Supreme Court Will Decide if Police Can Gather DNA Upon Arrest

Tuesday, 13 November, 2012

On Friday, the Supreme Court agreed to hear a case that will ask them to decide whether or not it is Constitutional for police to collect DNA without a warrant from people who have been arrested for serious crimes.  Twenty-seven states allow for police to collect DNA from suspects who … continue reading

Mass. Voters Approve Measure to Legalize Medical Marijuana

Wednesday, 7 November, 2012

In a landslide approval, Massachusetts voters said yes to a ballot question legalizing medical marijuana in yesterday’s election. Residents with debilitating medical conditions and consent from their physicians can now legally purchase marijuana to treat their pain from chronic illnesses. Ballot question number 3 passed with 63% in favor and … continue reading

October 2012

Federal Court Overturns Sentence of California's Longest Serving Death Row Inmate

Tuesday, 30 October, 2012

The fate of California’s longest serving death row inmate was decided by a federal appeals court on Monday.  Douglas Ray Stankewitz had his death sentence set aside after the court found one of his attorneys did not investigate the circumstances leading to his commission of murder. Stankewitz was one of … continue reading

Paul Ceglia Arrested for Fraud in Facebook Stake Claim

Monday, 29 October, 2012

Two years ago, Paul Ceglia filed a lawsuit that surprised many, claiming partial ownership of social network giant, Facebook. Ceglia insisted he made an agreement with Facebook founder Mark Zuckerberg entitling him to a 50 percent share of the company. Zuckerberg denied this and counter-claimed that the New York man … continue reading

L.A. Pet Stores to Sell Rescued Animals Only

Saturday, 27 October, 2012

Animal shelters across the country are overrun with cats and dogs. Sadly, many of them are euthanized if they do not make it into homes and animal activists have been searching for a solution for as long as shelters have been around. Now a new controversial Los Angeles ordinance requiring … continue reading

Supreme Court to Decide Dog Sniffing Cases on Halloween

Saturday, 20 October, 2012

On Halloween, the Supreme Court will hear two “dog sniffing” cases about whether or not a police dog’s interest is enough to provide the police probable cause to obtain a warrant or to conduct a warrantless search. These dog sniff cases will test the limits of a citizen’s right to … continue reading

US Supreme Court to Decide DUI Law on Mandatory Blood Tests

Thursday, 18 October, 2012

The US Supreme Court decided earlier this month to review law that allows police officers to draw blood from a suspected drunk driver without a search warrant. Many states in the past few years have implemented mandatory blood test measures in attempt to curb high numbers of drunk driving accidents. … continue reading

Chicago Cracks Down on Abusers of Disabled Parking Permits

Tuesday, 9 October, 2012

The city of Chicago has begun to take an aggressive stand against drivers who take advantage of a disabled-parking placard that either isn’t theirs or is in use when the handicapped person is not with them in the vehicle.  New punishments for the offense range from fines of $500 - … continue reading

Death Penalty Cost Sways Debate

Monday, 8 October, 2012

The Death Penalty has always been one of the most controversial issues in American criminal law, with citizens divided over the merits and moral implications of putting criminal offenders to death.  For years, debates have raged from cocktail parties to the halls of congress about whether or not it is … continue reading

New Criminal Indictments Issued for Former Five Madoff Employees

Tuesday, 2 October, 2012

More criminal fraud indictments have been issued for five former employees of Bernie Madoff as legal fallout from the multi-billion dollar Ponzi scheme continues.  The US Attorney Office in Manhattan released charges yesterday against former Madoff employees Daniel Bonventre, Annette Bongiorno, Joann Crupi, Jerome O’Hara and George Perez. The indictment … continue reading

September 2012

John Edwards Smith: Innocent Man Freed After 19 Years in Prison

Tuesday, 25 September, 2012

John Edward Smith has finally been released, after spending 19 years in prison for a murder he didn’t commit. Smith, who was 19 years old at the time of the murder, told police that he had been at his grandmother’s house during the hours when the shooting took place. He was … continue reading

North Carolina Passes Law Criminalizing Cyberbullying of Teachers

Tuesday, 25 September, 2012

Think back to your grade school years: most of us recall a bully or two, a class clown, or that one student who would talk back to a stern teacher from time to time. But most would agree that persistent bullying of a teacher was a very rare occasion; and … continue reading

Trayvon Martin's DNA Not Found on George Zimmerman's Gun: What About Zimmerman's Self-Defense Claim?

Sunday, 23 September, 2012

Trayvon Martin’s DNA was not found on the grip of George Zimmerman’s gun, according to a Florida Department of Law Enforcement (FDLE) report released by the Duval County state attorney Wednesday, September 19, 2012. However, the significance of the presence or absence of Martin’s DNA on the grip of the … continue reading

Parents Face Criminal Charges and Civil Liability for Underage Drinking

Monday, 17 September, 2012

Teenagers sneaking alcohol and throwing house parties while their parents are out of town has become a quintessential staple of American culture.  Tom Cruise in Risky Business, Kid n’ Play in House Party, McLovin and his friends in Superbad, and the ambitious teenagers in Project X represent a sample of … continue reading

Morris Garner Charged with Murder in Buttocks Transplant Death

Wednesday, 12 September, 2012

Morris Garner, a Jackson, Miss. transgender man, was charged with the murder of Georgia resident, Karima Gordon, who died from an injection used during an illegal buttocks transplant.  Garner, who goes by the name Tracey Lynn Garner as a woman, faces charges of what is known as depraved-heart murder, which could … continue reading

Zimmerman Gets a New Judge

Thursday, 6 September, 2012

 George Zimmerman has been assigned a new trial court judge after successfully petitioning the Florida appeals court. Zimmerman, the neighborhood watch volunteer who shot and killed 17 year old Trayvon Martin in a scuffle that shocked the nation, convinced the appeals court that he had a “reasonable fear” that Judge … continue reading

Child Pornography Victims Seek Criminal Restitution from Convicted Viewers

Thursday, 6 September, 2012

Online child pornography is one of the darkest downsides of an internet that makes everything available to those who know where to look.  Victims of child abuse suffer not only the pain and humiliation at the hands of their abusers, but can be agonized by the knowledge that pictures of … continue reading

Tracking Your Cell Phone Without a Warrant

Thursday, 6 September, 2012

We’ve all seen in movies and TV shows a scene where a tech savvy character who doesn’t want to be found has enough wits to throw away their cell phone so they can avoid the government tracking devices.  Most of us know enough about cell phones to recognize that these … continue reading

August 2012

Federal Judge Rules Online Poker a Game of Skill

Thursday, 30 August, 2012

It’s the age old argument, the one you should never bring up at Thanksgiving gatherings along with politics and religion. Is poker a game of chance or a game of skill? Is it lady luck that decides who will win and who will lose, or is it the most hardened, … continue reading