After a 2015 United States Supreme Court ruling that declared the law was too vague regarding what constitutes a “violent career criminal,” a convicted murderer’s 15-year sentence must now be examined over again. As a result, the United States Court of Appeals for the Third Circuit held that a defendant was potentially wrongly sentenced to… Read More
A pair of decisions issued by the United States Court of Appeals for the Second Circuit recently upheld the convictions of former New York Senator John Sampson for obstruction of justice as well as lying to federal agents. In 2015, Sampson was convicted of obstruction of justice as well as two counts of making false… Read More
A federal appeals court recently upheld the conviction of a man who shot and killed a Millard County sheriff’s deputy. The man was sentenced in 2017 to life in prison plus 80 years for the death of a law enforcement officer during a job. This decision occurred after a jury previously acquitted the man of… Read More
8th Amendment Rights A federal appeals court recently upheld the death sentence of a man who killed a South Dakota doughnut shop worker in 1992. The South Dakota Attorney General later commented that the 8th Circuit’s decision, in this case, was “appropriate and constitutional.” The decision comes after the man was convicted in 1993 and… Read More
Understanding Life Sentence Convictions In July of 2018, the United States Court of Appeals for the Fourth Circuit affirmed the conviction of a defendant who was sentenced in 2017 to life imprisonment based on charges of kidnapping and conspiracy to commit kidnapping. The History of the Life Imprisonment Conviction The case arose concerning plans to… Read More
Death Row Case Denied By Supreme Court In July of 2018, the United States Supreme Court announced that it will not hear the case of a former soldier who has received a death sentence. After the Supreme Court denied the man’s petition, the man has been left with few options to have his death sentence… Read More
Understanding The Habeas Corpus Appeal Process A judge recently denied an appeal to vacate a sentence filed by a former federal worker who claimed that three individuals who testified against him in a case only did so because these individuals had been promised to have their jobs returned. After being convicted of several conspiracy related… Read More
Understanding Bail Laws In New Jersey In July of 2018, a federal appellate court in New Jersey ruled that criminal defendants do not have a constitutional right that guarantees the choice to pay a cash bail so that they can be released prior to a trial. This decision defies New Jersey’s recent bail reforms, which… Read More
Insufficient Evidence In Appeals Case An appellate case was recently heard by the Washington DC Court of Appeals, which was initiated by two defendants who had been convicted of possession with intent to distribute heroin and a third individual who was convicted of conspiracy to launder money. This case represents an example of cases involving… Read More
PART I The Fourth Amendment to the United States Constitution prohibits unreasonable search and seizure of persons and places. Many cases in the pre-trial stage require an attack on evidence seized by the government that is protected under the Fourth Amendment. In an attempt to provide information concerning the Exclusionary Rule and Fourth Amendment questions… Read More