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Posts tagged "Criminal Appeals"

Can your lawyer say you're guilty if you insist you're innocent?

Louisiana death penalty defendant Robert McCoy insists on his innocence in the crime of murdering his mother-in-law, her husband and her 17-year-old grandson. However, there is substantial evidence against him, including claims that the victim's cellphone and the gun used to commit the crime were found in a car McCoy was riding in. There was an incriminating 911 recording, too, and other evidence.

Supreme Court rules appeal warranted in case of racist juror

When appellate attorneys for a Georgia man, Keith Tharpe, found evidence that one or more of his jurors had been racist, they hoped to show that racism affected the outcome of the trial. They tried to bring a habeas corpus petition to get the man's conviction or sentence overturned because the process that resulted in the man's conviction was unfair.

Have ATF drug stash-house stings been racially biased?

In a highly unusual move, a nine-judge panel of district judges from around the 7th Circuit is hearing arguments on whether certain drug sting operations run since the 90s by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives were racially discriminatory.

Supreme Court to determine eligibility for reduced sentences

In the federal justice system, most criminal sentences are determined by formulas in the Federal Sentencing Guidelines. The guidelines are determined by an agency called the U.S. Sentencing Commission.

Supreme Court to rule on admissibility of cellphone location info

Digital rights advocates are criticizing the telecom industry's silence on one of the great controversies of our day: whether police need a warrant to track people's location via their cellphones. The U.S. Supreme Court will hear a case on the issue on Nov. 29.

Supreme Court declines cases defining computer system hacking

Under the 1986 Computer Fraud and Abuse Act, it's a criminal act to intentionally access a computer or computer system without authorization. The law also allows victims of unauthorized access to sue for damages. In the modern world of the internet and social media, the definition of "unauthorized" has become contentious, however.

Appeals court limits reach of search warrants for cellphones

The mere fact that someone is under suspicion for a crime is not enough to justify a warrant for that person's cellphone. The mere fact that most people have a cellphone is not enough to justify a warrant. A warrant issued with no more specific reason than those is unconstitutional, the influential D.C. Circuit Court of Appeals ruled recently.

Supreme Court asked to rule on reach of email warrants

After a panel of federal judges ruled that the 1986 Stored Communications Act does not apply outside the United States, the Trump Administration asked the U.S. Supreme Court to intervene.

Judge: Cruelty, isolation at WI juvenile prisons must change

The federal judge hearing the case on Wisconsin's juvenile prisons commented that Ted Kaczynski, the Unabomber, suffers less restrictive solitary confinement than do the juveniles confined at the Lincoln Hills School correctional facility in Irma.

Why experienced legal counsel truly counts in an appellate action

You've heard admonitions like this before, of course, in reference to the need to steer past mere baseline competence from a contracting third party when what you truly need is high-level performance from an individual or business entity.

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