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Analysis of major changes to criminal law and its impact
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
By Colleen Murphy | June 5, 2023
"This case presents an issue of first impression," said Gass. "Arizona's appellate courts have accepted special action jurisdiction in cases involving motions to compel mental-health examinations but have not addressed whether non-expert witness testimony opens the door to a court-ordered examination for rebuttal purposes."
5 minute read
By Colleen Murphy | June 2, 2023
"Among other things, the Appellate Court in its opinion compared Belton—an African American man—to Grendel, the mythical monster in the Old English epic, Beowulf," stated Justice Jonathan Biran, in his written opinion for the court. "Belton asserts that this analogy evokes racist tropes of African Americans as subhuman. He raises similar objections concerning several other passages in the Appellate Court's dicta."
6 minute read
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