Try our Advanced Search for more refined results
Access to Justice
-
May 15, 2023
Justices To Hear Cases On Gun Sentencing For Repeat Felons
The U.S. Supreme Court on Monday agreed to clarify the legal standards used to determine whether repeat felony offenders convicted of federal gun charges must receive prison sentences of at least 15 years.
-
May 11, 2023
Calif. County To Pay $7.5M In Fatal Shooting Of Black Man
Orange County, California, has agreed to pay $7.5 million to the family of a homeless Black man who was shot and killed by a sheriff's deputy in San Clemente in 2020, an attorney confirmed to Law360 on Thursday.
-
May 05, 2023
Judge Pauses Miss. GOP's Foray Into Capital City Courts
A state judge in Mississippi has ordered a temporary halt to a controversial new law that would give the majority-white state government greater control over the court system in the majority-Black capital city, Jackson.
-
May 05, 2023
Old Pot Felonies Hard To Erase Despite NY's New Law
Confusion about New York's law legalizing marijuana — and a possible typo — means some judges are denying requests to clear old felony pot convictions. Defense attorneys, meanwhile, claim what they're really doing is denying the legislature's intent.
-
May 05, 2023
Justices Halt Execution Of Okla. Man After AG Admits Errors
The U.S. Supreme Court on Friday halted the looming execution of an Oklahoma man after the state's attorney general conceded his murder conviction was riddled with constitutional errors and possible prosecutorial misconduct.
-
May 05, 2023
New Legal Aid DC Leader Faces Growing Needs, Budget Cuts
Vikram Swaruup is settling into his new role as executive director of Legal Aid of the District of Columbia at a time when the organization's clients have been hit hard by inflation, the end of enhanced safety-net benefits and the halting of pandemic-related protections against evictions, foreclosures and debt collection.
-
May 05, 2023
After 29 Years, 'The Poster Child For Clemency' Comes Home
In December, New York Gov. Kathy Hochul granted clemency to 12 convicts. Last month, several of them finally made it home, including Bruce Bryant, whom advocates call "the poster child for clemency" and who spent nearly 30 years in prison for a murder he's always maintained he didn't commit.
-
May 05, 2023
Justice At Guantanamo: Atty Attends Bali Bombing Hearings
Pretrial motions are moving forward for three detainees who have been held at Guantanamo Bay for two decades on charges related to a deadly terrorist bombing in Bali in 2002. Here, trial lawyer George Donnini shares his experience traveling to Cuba to be a witness to the proceedings on behalf of the American Bar Association.
-
May 05, 2023
14-Year Restraining Order Battle Shows Court Reporter Need
When a faulty audio recording left a New Jersey judge unable to rule on a bid to dissolve a decade-old restraining order, the couple embroiled in the dispute was forced to relive their trauma as part of a court-ordered bid to recreate the record in their 2004 restraining order hearing. Experts say the case highlights the important role of court stenographers amid a growing national shortage.
-
May 03, 2023
3½-Hour Ala. Execution Was Needlessly Cruel, Suit Says
The family of an Alabama man killed in what is believed to be the longest recorded execution in U.S. history has accused the state of subjecting him to unnecessary cruelty in violation of his constitutional rights, according to a suit filed Wednesday.
-
April 27, 2023
Family Gets $7M Settlement Over Texarkana Jail Death
The family of a 46-year-old woman who died in the custody of a private East Texas jail has reached a $7 million settlement in what attorneys say is the largest known jail death settlement in the state's history and one of the largest reached nationwide over an in-custody death.
-
April 26, 2023
Okla. Parole Board Denies Clemency For Death Row Inmate
The Oklahoma Pardon and Parole Board on Wednesday declined to recommend clemency for Richard Glossip, a death row inmate whose murder conviction has been criticized by legal experts — and the state's top prosecutor — as tainted by errors and constitutional violations.
-
April 24, 2023
3 Justices Protest Court's Snub Of Death Row Inmate's Appeal
Three U.S. Supreme Court justices on Monday called "disheartening" their colleagues' decision not to hear the case of a Tennessee death row inmate whose murder sentence has been clouded by claims of ineffective counsel.
-
April 24, 2023
NAACP Sues Over Miss. GOP's Foray Into Capital City Courts
The NAACP and other organizations are pushing back against the Republican-controlled Mississippi state government over its recent moves that give white state officials greater power over Jackson, the state's majority-Black capital city.
-
April 21, 2023
$2M False Arrest Win May Spawn New Legal Fights For NYPD
When Jawaun Fraser was charged for robbery in October 2014, the New York Police Department and Manhattan prosecutors never told him that his arresting officers had been targeted in dozens of civil lawsuits over alleged evidence fabrication, abuse of power and other misconduct. Now, after a $2 million civil rights verdict last month over the disclosure failures, Fraser's case could lead to new legal challenges for criminal cases in the city.
-
April 21, 2023
Major Payout Likely In Tyre Nichols Beating Case, Experts Say
It's hard to sue the police and win, but the fatal beating of motorist Tyre Nichols at the hands of Memphis police in January was so egregious and highly publicized that experts say the city is likely facing a big settlement.
-
April 21, 2023
Justices To Hear Whether Post-Seizure Hearings Are Required
Every year, law enforcement agencies across the U.S. confiscate billions of dollars worth of assets, including cash, cars, weapons and real estate, from people they arrest and prosecute. The process, called civil forfeiture, is now before the U.S. Supreme Court, which this week agreed to hear a case centering on when people are entitled to court hearings where they can ask for their property back.
-
April 21, 2023
After High Court Win, O'Melveny Clears La. Man Of Murder
Although his lawyers notched a landmark victory at the U.S. Supreme Court three years ago when the justices declared nonunanimous criminal verdicts unconstitutional, Evangelisto Ramos remained stuck behind bars on a murder conviction until a team from O'Melveny & Myers LLP finally secured his acquittal at a retrial last month.
-
April 21, 2023
Growing US Senior Population Faces Unmet Legal Needs
As the U.S. population ages, more Americans need the services of attorneys who specialize in helping seniors and people with disabilities. But the number of lawyers trained in this subspecialty is small, and the number of elder law attorneys who offer services to low-income people is even smaller.
-
April 20, 2023
NY High Court Skeptical On Murder Trial Courtroom Closure
New York's highest court suggested on Thursday that a state trial judge may have violated a murder suspect's constitutional right to a public trial when she closed her courtroom to the public halfway through an eight-day criminal proceeding because of what she called "very intimidating" behavior on the part of spectators.
-
April 20, 2023
How One State Is Using Automated Forms To Boost Justice
The New York state court system has created several document automation programs that make it easier for self-represented litigants to create legally acceptable court documents, demonstrating how simple technology can be used to close the access-to-justice gap.
-
April 19, 2023
Justices Back Longer Clock For Post-Conviction DNA Tests
The U.S. Supreme Court ruled Wednesday that state prisoners requesting post-conviction DNA testing have until after all state appeals finish before a clock for federal relief starts ticking, ending a stricter time limit the NAACP called "illogical" and race-biased.
-
April 17, 2023
Justices Struggle To Navigate Odyssey Of Obstruction Case
Several Supreme Court justices struggled Monday to define when obstruction of justice becomes a deportable offense, with Justice Clarence Thomas invoking mythical sea monsters to suggest the court must choose the lesser of two evils.
-
April 14, 2023
Calif. Court OKs Challenge To 'Spit And Acquit' DNA Collection
A California state appellate court has found that a lower court wrongly dismissed parts of a lawsuit challenging the constitutionality of a controversial DNA collection program operated by the Orange County District Attorney's Office, ordering the case to proceed to discovery.
-
April 11, 2023
NYC Can't Dodge Suit Over NYPD Arrests Of Floyd Protesters
A New York state trial judge has ruled that the city of New York cannot escape a lawsuit brought by five people alleging they were unlawfully arrested, detained and injured by police during the 2020 demonstrations following George Floyd's killing.
Expert Analysis
-
3 Ways DOJ Is Working To Improve Justice In Indian Country
As both a federal prosecutor and a member of the Choctaw Nation, I am proud of the U.S. Department of Justice's current efforts to address crime in Indian Country while respecting tribal sovereignty, says Trent Shores, U.S. attorney for the Northern District of Oklahoma.
-
Rules Of Evidence Hinder #MeToo Claims In Court
If women and men who bring sexual harassment allegations in court will ever have a level playing field with their alleged harassers, the rules regarding what evidence is relevant in a sexual harassment trial must be changed, says John Winer at Winer Burritt.
-
Sealing Marijuana Convictions Is A Win For Justice System
As a result of a novel class action, hundreds of New Yorkers' old convictions for marijuana-related crimes are being sealed, an important step toward a more equal justice system where the needless collateral consequences of marijuana criminalization are eliminated, says Manhattan District Attorney Cy Vance Jr.
-
DOJ's Latest Effort To Undermine Impartial Immigration Bench
The U.S. Department of Justice's recent petition to decertify the National Association of Immigration Judges on the grounds that members are “management officials” and precluded from unionizing is part of a continuing effort to curb judicial independence in immigration court, says former immigration judge Jeffrey Chase.
-
Electronic Monitoring Technology Must Be Regulated
Based on my research into the electronic monitoring technologies that are increasingly becoming part of the criminal justice system, it is clear that they must be regulated, just as medical devices are, says Shubha Balasubramanyam of the Center for Court Innovation.
-
What You Should Know About Courtroom Closures
At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.
-
Addressing Health Care Liens In Sexual Assault Settlements
When litigating sexual assault cases that result in settlement, plaintiffs attorneys should thoroughly investigate how the plaintiff's medical bills were paid, and proactively prepare for insurers' potential health care liens, says Courtney Delaney of Epiq.
-
2nd Circ.'s Approach To Bail Is Backward
The Second Circuit's decision in United States v. Boustani correctly identifies the dangers of a "two-tiered" bail system, but the proper solution is to make bail more accessible to everyone, not to fewer people, says Alexander Klein of Barket Epstein.
-
Death Penalty Return May Undermine Criminal Justice Reform
The last two years have been a watershed moment for bipartisan criminal justice reform, but with one swift edict — the July 25 announcement that federal executions will be reinstated after 16 years — the Trump administration risks throwing this forward momentum into reverse, says Laura Arnold of Arnold Ventures.
-
A High Court Win Will Not End Discriminatory Jury Selection
Although the U.S. Supreme Court reversed and remanded Curtis Flowers' murder conviction in Flowers v. Mississippi, history may simply repeat itself once again unless the legal industry does more as a profession to combat discrimination and use ethics rules for their intended purpose, says Tyler Maulsby of Frankfurt Kurnit.
-
Secrecy Agreements And 1st Amendment: Finding A Balance
The divided decision by the Fourth Circuit issued earlier this month in Overbey v. Baltimore raises many concerning questions about the potential First Amendment implications of nondisparagement clauses in government settlement agreements, says Alan Morrison of George Washington University School of Law.
-
Risk Assessment Tools Are Not A Failed 'Minority Report'
Contrary to Wednesday's op-ed in the New York Times, which refers to pretrial risk assessment tools as "a real-world 'Minority Report'" that doesn't work, these tools and the promise they hold to improve judges’ and magistrates’ decision-making processes should not be dismissed simply because they aren’t yet perfect, say professors at North Carolina State University and Duke University.
-
Looted-Art Heirs May Find A Sympathetic Forum In NY Courts
The New York Appellate Division decision last week in Reif v. Nagy — in favor of the heirs in a Holocaust looted-art claim — is noteworthy because of the manner in which it rejected the defendant’s claim of laches, just a few weeks after the Second Circuit had dismissed a Holocaust looted-art claim on those very grounds, says Martin Bienstock of Bienstock.
-
Addressing Modern Slavery Inside And Outside The UK
As the problem of modern slavery persists, U.K. companies must take a broad approach when rooting out slave labor in their supply chains, and should not ignore the risk posed by suppliers within the U.K., says Maria Theodoulou of Stokoe.
-
High Court's Juror Exclusion Ruling Does Not Do Enough
In Flowers v. Mississippi, the U.S. Supreme Court extended the rhetoric that exclusion of even one juror based on race is unconstitutional, but without further guidance, the principle the court seeks to uphold will continue to falter, says Kate Margolis of Bradley Arant.