State can test cup in detainee’s cell for DNA

May 7, 2010 2:40 PM

Obtaining an abandoned cup used by a detainee in a holding cell and testing it for DNA did not violate the Fourth Amendment, Maryland’s highest court has ruled.

In other news...

Defendant can show suggestiveness of child interviews

A defendant charged with sexually abusing a child can introduce expert testimony to show that the victim’s accusations were the product of a suggestive interview process conducted by police and social workers, the Kentucky Supreme Court has ruled in reversing a conviction.

Sentencing Commission releases amended guidelines

WASHINGTON - Federal judges may consider a wider range of factors in determining criminal sentences under amended guidelines released by the U.S. Sentencing Commission.

Police couldn’t enter backyard based on 911 call

Police violated the Fourth Amendment when they entered a defendant’s fenced-in backyard based upon a 911 report of suspicious activity, the 9th Circuit has ruled in reversing a conviction.

Consent for computer’s seizure can’t be overridden

Police could seize a computer pursuant to the consent of one resident of a home - even though another resident present at the time objected to the seizure, the 3rd Circuit has ruled in affirming a conviction.

Court rejects Double Jeopardy claim

A defendant claiming a Double Jeopardy violation is not entitled to federal habeas relief where a state court’s application of federal law was not unreasonable, the U.S. Supreme Court has ruled.

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Are criminal charges in bullying cases an idea whose time has come?

April 30, 2010 11:53 AM

In the suburbs west of Boston, where I live, the daily paper is full of news of a student suicide that has come to national attention. Fifteen-year-old Phoebe Prince, allegedly bullied to despair by a gang of other students, hung herself on Jan 14.

In other news…

Referendum against Arizona immigration law could delay implementation: A citizen referendum could put Arizona’s new illegal immigration law on hold for more than two years, depending on when its organizers turn in the required number of valid signatures.

San Francisco to boycott Arizona over immigration law: San Francisco — The San Francisco City Attorney has called for a sweeping boycott of Arizona and Arizona-based businesses over its new immigration law signed into law on Friday.

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Gov't can get warrant based on activity of IP address

April 26, 2010 3:30 PM

Evidence that the user of a computer employing a particular IP address possessed or transmitted child pornography can support a search warrant for the physical premises linked to that IP address, the 3rd Circuit has ruled. 

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Police can't open shoebox found in apartment: Police violated the Fourth Amendment when they opened a shoebox containing a handgun when they arrested the defendant at the apartment where he was living, the 6th Circuit has ruled in affirming a suppression order.

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State passes immigration law authorizing arrests

April 19, 2010 3:35 PM

The Arizona legislature has passed a harsh immigration law allowing police to detain and arrest anyone suspected of being undocumented and making it a crime if someone cannot prove immigration status on the spot.

In other news...

State passes immigration law authorizing arrests: The Arizona legislature has removed a provision from a harsh immigration bill that would have subjected undocumented immigrants to a "trespassing" charge.

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High Court makes challenge to all-white juries tougher

April 12, 2010 12:54 PM

The U.S. Supreme Court recent decision on jury composition could make it tougher for criminal defendants to challenge all-white juries based on the Sixth Amendment guarantee of an impartial jury that reflects a cross-section of the community.

In other news:

Officer can subject driver to ‘unrelated’ questions: A police officer didn’t violate the Fourth Amendment when he questioned a driver about matters unrelated to the reason for conducting the traffic stop, the 6th Circuit has ruled in affirming a conviction.

Police can ask for car passenger’s identification: Police didn’t need a particularized suspicion of criminal activity in order to ask a car passenger for his identification, the 1st Circuit has ruled in affirming a firearm conviction.

Criminal defense lawyers weigh in on new requirements: Criminal defense lawyers are weighing in on a recent Supreme Court decision, which held that they must inform non-citizen clients about the risk of deportation when taking a plea deal.

Is there a private right of action for criminal contempt? WASHINGTON - The U.S. Supreme Court is set to decide whether individuals have a private right of action for criminal contempt, or if the charge is reserved only for the government to bring. 

Child porn needn’t be downloaded for conviction: A conviction for possession of child pornography did not require proof that the defendant actually had illegal images in his computer hard drive, the Wisconsin Court of Appeals has ruled in affirming a conviction.

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Criminal defense lawyers must warn of deportation risk

April 5, 2010 10:32 AM

A criminal defense attorney must inform a non-citizen client if a plea carries a risk of deportation, as part of the Sixth Amendment guarantee of effective assistance of counsel, the U.S. Supreme Court has ruled. Justice Samuel Alito and Chief Justice John Roberts concurred in the judgment.

In other news…

Court considers if two misdemeanors equal a felony: WASHINGTON - The U.S. Supreme Court took up a case Wednesday that considers whether a person who was convicted of two misdemeanors - therefore qualifying for, but never charged with, a felony enhancement - is guilty of an “aggravated felony” under immigration law.

Court takes up double jeopardy case: WASHINGTON - In a case that asks whether a state criminal trial judge properly declared a mistrial, the justices of the U.S. Supreme Court spent as much time questioning each other as they did the attorneys before them.

Unanimous Supreme Court rules in jury selection case: In a unanimous opinion, the U.S. Supreme Court concluded that a defendant had not shown that a jury selection process that allegedly drained minorities from the jury pool before jurors in felony trials could be chosen was unconstitutional.

Justices consider how much judges can cut crack sentences: WASHINGTON - The U.S. Supreme Court heard oral arguments Tuesday in a case that will determine just how much leeway federal trial courts have in reducing sentences for crack cocaine offenses below the levels set by the revised federal sentencing guidelines.

High Court wrangles with complicated sentencing calculations: WASHINGTON - During oral arguments in a case that will decide just how “good behavior” federal prison sentence deductions are calculated, the justices of the U.S. Supreme Court wrangled with some complicated calculations.

Click here for the Lawyers USA Criminal Law page.