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Monthly Archives: April 2009
Cone v. Bell
In Cone v. Bell, released yesterday, the U.S. Supreme Court reversed a death sentence based on Brady violations by the prosecutor. Cone asserted an insanity defense at trial, with testimony that he suffered from post-traumatic stress disorder resulting from his … Continue reading
Dean v. United States
In another opinion finding against the defendant today, the U.S. Supreme Court, in Dean v. U.S., held that the mandatory minimum for discharging a firearm during the course of a violent crime does not require intent to discharge. Possession of … Continue reading
Posted in Appellate Opinions, Federal Criminal Defense
Statements obtained illegally may be used for impeachment purposes
In Kansas v. Ventris, released today, the United States Supreme Court held that, although a statement has been obtained in violation of a defendant’s right to counsel, it may be used at trial for purposes of impeaching the defendant’s testimony. … Continue reading
Posted in Appellate Opinions, Federal Criminal Defense
An eloquent guilty plea
Earlier this week I was in a lower court in Horry County for several hours, waiting to enter a plea to reckless driving with one of my clients. As we waited, I watched in shock as my colleagues stood with … Continue reading
Posted in Ethics, Jury trials
The Fourth Amendment lives
The Fourth Amendment has gotten its head above water for a gasp of fresh air with the United States Supreme Court’s opinion in Arizona v. Gant. It is not necessarily a far-reaching opinion (because the exceptions still swallow the rule … Continue reading
Posted in Appellate Opinions, Federal Criminal Defense
Defendant’s mouth bound with duct tape during hearing
Via Skelly at Arbitrary and Capricious, Judge Peter D. McDermott in Idaho ordered a mentally ill defendant gagged with duct tape to stop his outbursts during a hearing. Nicklas Frasure was in court for a probation violation hearing, but his … Continue reading
Posted in Mental Illness and the Justice System
Baptist minister beaten and tazed by border patrol
Via Radley Balko, this video of a Baptist minister’s account of his beating at the hands of the border patrol in Arizona is worth watching. He refused to consent to allow his car to be searched, citing his Fourth Amendment … Continue reading
Posted in Police Misconduct
Notice of trial
This morning at 9:40 am I received an email from a prosecutor stating that one of my client’s case was to be tried this morning and to get up to the courthouse. At 9:45, as I was meeting with a … Continue reading
Posted in Jury trials
South Carolina Courts bow to Patriot Act provisions
In State v. Odom, at the trial level Judge Mark Hayes suppressed evidence which was obtained by use of a criminal discovery order which was authorized by the federal Patriot Act, on grounds that 1) the circuit court which issued … Continue reading
Posted in Appellate Opinions
Waiver of right to counsel
In State v. Robertson, decided on Tuesday, the S.C. Supreme Court essentially held that a defendant can waive his right to counsel simply by not appearing for his trial. Robertson was charged with failure to register as a sex offender, … Continue reading
Posted in Appellate Opinions