January 15, 2020 | Criminal Procedure & Due Process
The chief justice wanted to know: Is ‘OK boomer’ ageist? (He may have been asking for a friend.)
The 64-year-old leader of the Supreme Court posed a question on Wednesday that some in his generation have been asking for months: Does saying “OK boomer” count as age discrimination?
If the query hadn’t been an earnest attempt to test the bounds of a lawyer’s legal argument, Chief Justice John G. Roberts Jr. might have followed it up with another viral expression: “asking for a friend,” a self-consciously ironic phrase often uttered when an inquisitor is very obviously not asking for a friend...
January 10, 2020 | Criminal Procedure & Due Process
State Sets Rules to Give Due Process to Child Parolees
The state agency overseeing child and family services finally has adopted rules that aim to ensure due process for young people going through the juvenile version of parole.
The move last month follows a May ruling by Manhattan State Supreme Court Justice Carol Edmead, who found the city’s handling of child parole violations to have “no force of law.”...
December 11, 2019 | Criminal Procedure & Due Process
Court To Explore Whether Marathon Bomber Dzhokhar Tsarnaev Got A Fair Trial
On Thursday, lawyers representing convicted 26-year-old Boston Marathon bomber, Dzhokhar Tsarnaev, will go before a three-judge panel of the U.S. Court of Appeals to argue that their client did not receive a fair trial in 2015. They will also ask that the death penalty in the case be rescinded.
Tsarnaev's legal team will argue that their client received neither a fair nor impartial trial and sentencing. The court is being asked to consider whether Judge George O'Toole acted properly, whether the nondisclosure of social media postings compromised jury selection and whether the death penalty decision was influenced by juror bias...
November 29, 2019 | Criminal Procedure & Due Process
Judge rules Boston immigration court’s detention hearings violated due process
In a decision hailed by civil rights advocates, a federal judge in Boston ruled last week that the way authorities handle detention hearings in Boston immigration court violates due process under the Constitution.
Judge Patti B. Saris issued the ruling on Wednesday in response to a class-action lawsuit filed by ACLU chapters in Massachusetts and New Hampshire on behalf of three immigrants who were detained after allegedly flawed hearings...
November 10, 2019 | Criminal Procedure & Due Process
GOP congressman: If ‘murderers’ and ‘rapists’ get due process, Trump should too
A leading Republican congressman on Sunday said that the process behind the House impeachment probe of President Donald Trump is just as important as the case itself because "there's a reason we let murderers and robbers and rapists go free when their due process rights have been violated."
The comments from Rep. Mac Thornberry, R-Texas, came as Republicans and Democrats dominated the airwaves Sunday morning with discussion of the president's conduct toward Ukraine, which is at the center of the investigation. Multiple Trump administration officials have testified on the record that they believed Trump was withholding roughly $400 million in military aid to the country until Ukrainian leadership publicly announced investigations into the Bidens and Democrats...
November 11, 2019 | Criminal Procedure & Due Process
Sex offenders say New Mexico depriving them of due process
The question of whether sex offenders must register in New Mexico for crimes they committed in other states is making its way through the courts again.
Eight plaintiffs, each listed as "John Doe," have filed a petition in U.S. District Court in New Mexico, alleging the state Department of Public Safety and five county sheriffs failed to provide them due process in determining whether their out-of-state offense is "equivalent" to a New Mexico crime that would require them to register in this state...
November 5, 2019 | Criminal Procedure & Due Process
Boston U.S. Appeals Court Hears Arguments On Due Process For Students Accused Of Sexual Assault
A three-judge panel of the U.S. Court of Appeals for the First Circuit in Boston heard oral arguments Tuesday on what rights a private college must give to a student accused of sexual assault.
The case, John Doe v. Boston College, involves a current male BC student accused of sexually assaulting a female BC student in November of 2018...
October 21, 2019 | Criminal Procedure & Due Process
9th Circuit Upholds No Fly List Against Due Process Challenges
Four plaintiffs’ due process challenges against the government’s No Fly List failed because the criteria used to place them on the list weren’t vague, the Ninth Circuit said Oct. 21.
A person is placed on the list if there is a reasonable suspicion to believe they will commit a violent act of international or domestic terrorism. Anyone on the list may not board commercial aircraft flying to, from, or within the U.S...
October 15, 2019 | Criminal Procedure & Due Process
Mitch McConnell says Nancy Pelosi’s impeachment push violates Trump’s due process
Senate Majority Leader Mitch McConnell blasted Democrats’ impeachment push Tuesday as unfair and a violation of President Trump’s rights, echoing the White House’s objections and sending an important signal to fellow Republicans.
Mr. McConnell said past impeachment efforts in the House have given the president and his team access to evidence and the power to suggest their own witnesses, and have given the minority party subpoena powers — all in an effort to be fair...
October 8, 2019 | Criminal Procedure & Due Process
Jury says J&J must pay $8 billion in case over male breast growth linked to Risperdal
Johnson & Johnson must pay $8 billion in punitive damages to a man who previously won $680,000 over his claims that it failed to warn that young men using its antipsychotic drug Risperdal could grow breasts, a Philadelphia jury said on Tuesday.
The Philadelphia Court of Common Pleas jury’s verdict in favor of Nicholas Murray came in the first case in which a Pennsylvania jury had been able to consider awarding punitive damages in one of thousands of Risperdal cases pending in the state...
October 1, 2019 | Criminal Procedure & Due Process
Judge: Jury must come to unanimous decision in shooting of three
A jury must come to a unanimous decision when it decides whether Ian Howard is guilty of shooting and injuring three other people, a judge ruled.
Howard's attorneys, Stephen Singer and Elliot Brown, argued in front of 15th Judicial District Court Judge Jules Edwards III that the jury must reach a unanimous verdict, despite a law requiring a unanimous jury only applying to crimes committed after Jan. 1, 2019...
September 19, 2019 | Criminal Procedure & Due Process
“Farce of due process”: Lawyers denounce new border tent courts for migrants
Their first court hearing on American soil was scheduled for 12:30 p.m., but they were instructed by U.S. officials to show up at 4:30 a.m. to one of the ports of entry connecting Brownsville, Texas and the Mexican border city of Matamoros, a hotspot in turf wars between rival cartels that the State Department warns Americans not to travel to...
September 18, 2019 | Criminal Procedure & Due Process
Youth climate activists to join Sweden’s Thunberg in protest at U.S. Supreme Court
WASHINGTON, Sept 18 (Reuters) - Seven young Americans who have sued the U.S. government for failing to take action on climate change will join Swedish teen activist Greta Thunberg on the steps of the Supreme Court on Wednesday to urge political leaders and lawmakers to support their legal fight and take action to phase out the use of fossil fuels...
September 11, 2019 | Criminal Procedure & Due Process
Indiana Supreme Court to hear appeal of Gary man on death row for slaying his wife, two stepchildren
The Indiana Supreme Court will today hear the appeal of a former Gary man who was sentenced to death in 2013 after a jury convicted him in the Aug. 6, 2007, slaughter of his wife and two teenage stepchildren.
Lawyers for Kevin Isom, 53, claim his previous counsel was ineffective, and are asking the state to allow a new trial or, alternatively, a resentencing...
September 4, 2019 | Criminal Procedure & Due Process
Judge Rules Terrorism Watchlist Violates Constitutional Rights
WASHINGTON — A federal judge ruled on Wednesday that a federal government database that compiles people deemed to be “known or suspected terrorists” violates the rights of American citizens who are on the watchlist, calling into question the constitutionality of a major tool the F.B.I. and the Department of Homeland Security use for screening potential terrorism suspects...
August 26, 2019 | Criminal Procedure & Due Process
California sues over Trump immigration policy on indefinite detention of migrant children
California opened another front in its legal battle with the Trump administration over immigration policies on Monday as officials announced a federal lawsuit challenging a new rule that allows indefinite detention of migrant children and their families...
August 21, 2019 | Criminal Procedure & Due Process
Fired Policeman Can’t Sue Department After Settlement
DENVER (CN) — A former Utah police officer who shot and killed a woman in her car cannot resue the city that fired him — after it rehired him and settled — the 10th Circuit affirmed Tuesday.
“[Shaun] Cowley received all the process that the due process clause requires,” 10th Circuit Judge Joel M. Carson III wrote for the three-judge panel, upholding summary judgment for West Valley City...
August 9, 2019 | Criminal Procedure & Due Process
UK, U.S. urge Tanzania to respect “due process” after journalist arrested
NAIROBI/DAR ES SALAAM (Reuters) - Britain and the United States urged Tanzania on Friday to guarantee due process of law for a journalist arrested on charges that his lawyer and rights groups called politically motivated.
Erick Kabendera was charged on Monday with money laundering, tax evasion and leading organized crime. He was arrested the previous week over what police said were issues concerning his citizenship...
July 22, 2019 | Criminal Procedure & Due Process
‘Less Due Process Than People Get in Traffic Court’: ACLU Promises to Sue Trump Administration Over New Expedited Removal of Immigrants
The American Civil Liberties Union has vowed to sue the Trump administration over its latest plan to ramp up the deportation of undocumented immigrants by allowing authorities to remove an individual without a hearing before a judge...
July 2, 2019 | Criminal Procedure & Due Process
Federal Judge Blocks Barr’s Attempt to Deny Asylum Seekers Bail
WASHINGTON — A federal judge in Seattle on Tuesday blocked an order by Attorney General William P. Barr that would have kept thousands of migrants detained indefinitely while waiting for their asylum cases to be decided.Judge Marsha J. Pechman of United States District Court for the Western District of Washington described the order, which would have denied some migrants a bail hearing, as unconstitutional. Under a preliminary injunction, Judge Pechman said migrants must be granted a bond hearing within seven days of a request or be released if they have not received a hearing in that time...
June 21, 2019 | Criminal Procedure & Due Process
Judge sides with Alachua County man claiming 5th amendment in robbery case
ALACHUA COUNTY, Fla. (WCJB)-- An appellate judge has found in favor of Matthew Pollard, who said he should not have to give up his phone password as part of a robbery investigation. The case stems from a 2018 incident in which Pollard was accused of robbing two people who thought they were meeting him for a drug deal...
June 18, 2019 | Criminal Procedure & Due Process
Alaska Supreme Court finds sex offender registration statute unconstitutional
The Supreme Court of Alaska ruled on Friday that Alaska’s sex offender registration statute violated the due process rights of out of state offenders by requiring them to register as sex offenders without allowing them to be heard...
June 10, 2019 | Criminal Procedure & Due Process
Justice Breyer Says It’s ‘Past Time’ To Confront Guantanamo’s ‘Difficult Questions’
The U.S. Supreme Court has refused to hear an appeal from a Yemeni prisoner held without charge at Guantanamo Bay, Cuba for more than 17 years.But Justice Stephen Breyer, in a two-page "statement" called attention to the case, declaring that it is "past time" to examine the indefinite detention of prisoners there."In my judgment," Breyer wrote, "it is past time to confront the difficult questions" left open...
June 3, 2019 | Criminal Procedure & Due Process
Sens. Lee, Feinstein introduce due process guarantee act
Sens. Mike Lee (R-UT) and Dianne Feinstein (D-CA) along with Sens. Ted Cruz (R-TX), Sheldon Whitehouse (D-RI), and Susan Collins (R-ME) introduced the Due Process Guarantee Act Monday, a bill to protect Americans from being detained indefinitely, without charge or trial...
May 21, 2019 | Criminal Procedure & Due Process
A.O.C. Slams Pelosi’s Anti-Impeachment Argument as “Neglect of Due Process”
House Democrats' call to begin impeachment proceedings grew even louder Tuesday, as former White House counsel Don McGahn's refusal to testify before the House only intensified Democrats' argument that an impeachment inquiry may be the only way to break through the Trump administration's stonewalling...
May 14, 2019 | Criminal Procedure & Due Process
Harvard law professor Ronald Sullivan withdraws from Harvey Weinstein’s defense team
Harvard University law professor Ronald S. Sullivan Jr. has withdrawn from the team of lawyers who will defend Harvey Weinstein in the former movie mogul's sexual assault trial, saying the case will conflict with his teaching responsibilities...
May 3, 2019 | Criminal Procedure & Due Process
Illinois Legislators are Calling For Changes to a Law That Keeps People In Prison Without a Conviction
Illinois legislators are poised to take action against a little-known state law that allows alleged sex offenders to be imprisoned indefinitely without being convicted. Some of the inmates have been incarcerated for decades under the program...
April 24, 2019 | Criminal Procedure & Due Process
Deputies involved in rough arrest of teen deserve due process, Broward sheriff says
TAMARAC, Fla. - Broward County Sheriff Gregory Tony was visibly emotional Wednesday as he spoke in front of Tamarac city commissioners.During the commission meeting, Tony said he did not agree with the Broward State Attorney's Office dropping the charges against Delucca Rolle, 15, who is at the center of a rough arrest last week.He said his deputies still deserved their due process, whether they were right or wrong."I'm not here to speak in terms of politics. The community will get their justice deserved, and so will my deputies," Tony said...
April 15, 2019 | Criminal Procedure & Due Process
Michigan State apparently ignored 2018 federal court ruling on due process until student sued
Public universities under the 6th U.S. Circuit Court of Appeals’ jurisdiction have been on notice for seven months that they are required to provide an in-person hearing with cross-examination to students facing suspension or expulsion for sexual misconduct.Michigan State University is one of them. After all, the 6th Circuit decision last fall was against the University of Michigan, an hour away...
| Criminal Procedure & Due Process
Complaint: El Paso Immigration Judges Violate Due Process
EL PASO, Texas (AP) — An immigration court in El Paso, Texas, that only approves a handful of the asylum cases it considers each year routinely violates due process, attorneys contend in an administrative complaint filed Wednesday.The American Immigration Council and the American Immigration Lawyers Association claim in their joint complaint that the court at the El Paso Service Processing Center has arbitrary and unjust rules that decrease asylum-seekers' chances of staying in the country...
April 2, 2019 | Criminal Procedure & Due Process
Lawyer: Judge’s 2nd Amendment rights violated by arrest
Syracuse, NY -- Everyone agrees that Rochester Judge Leticia Astacio went to Dick’s Sporting Goods a year ago today to buy a shotgun. After being denied, she tried at a different Dick’s.Now, Astacio -- since fired from her job -- is on trial this week for a felony gun charge, accused of illegally trying to buy a gun while on probation. She could face up to 7 years in prison if convicted by jury...
March 19, 2019 | Criminal Procedure & Due Process
Federal Lawsuit Against State DOC Alleges Due Process, Civil Rights Violations in Lifetime GPS Monitoring
A Chicago law firm has filed a federal class-action lawsuit against the Wisconsin Department of Corrections alleging civil rights violations concerning the use of GPS monitoring for sex offenders — many of whom have completed their sentences and are not on any form of probation, parole or supervised release — and seeks an injunction to stop the state’s lifetime GPS monitoring program...
March 16, 2019 | Criminal Procedure & Due Process
St. Louis NAACP Backs State Bill Providing Due Process To College Students
Gaskin was praising a bill in the Missouri State House that would provide due process protections for students accused of sexual assault, including the right to an attorney (at their expense) and the ability to cross-examine their accuser and the evidence and witnesses against them. The Associated Press reported the bill would also allow students to remove university officials overseeing procedures for a conflict of interest and keep schools from using terms like “victim” or “survivor” before any investigation has even taken place. Such words promote the presumption of guilt, supporters of the bill say....
March 11, 2019 | Criminal Procedure & Due Process
House Majority Leader Garnett says red flag bill protects due process
DENVER – House Majority Leader Rep. Alec Garnett is defending the red flag bill he co-sponsored as multiple sheriffs and boards of county commissioners from Southern Colorado have come out in opposition to the legislation.
House Bill 1177 creates Extreme Risk Protection Orders which use the state court system to temporarily take away guns from someone believed to be a risk to themselves and others...
March 1, 2019 | Criminal Procedure & Due Process
Judge says ex-AG Horne denied due process in campaign violations case
PHOENIX — A federal judge has agreed to allow former Attorney General Tom Horne to pursue his claim that Yavapai County Attorney Sheila Polk violated his due process rights.
In a new order, Judge Steven Logan acknowledged that Polk, in her role of prosecutor, had absolute immunity from being sued...
February 24, 2019 | Criminal Procedure & Due Process
Missouri Lawmakers to University: Provide Due Process in Sexual Assault Cases
State lawmakers in Missouri are threatening to withhold funding from the embattled University of Missouri if it fails to provide adequate due process to students accused of sexual assault...
February 12, 2019 | Criminal Procedure & Due Process
Red Flag Laws Seek To Balance Gun Safety With Due Process
When an attempt to carry out a gun removal in Maryland's Anne Arundel County left a man dead last November, opponents of the state's red flag law were incensed.
"Whatever you may think of red flag laws, they should not be death sentences. And they were in the case of Gary Willis," said Mark Pennak, an attorney and president of the gun rights organization Maryland Shall Issue...
February 6, 2019 | Criminal Procedure & Due Process
DNC chairman: Fairfax accuser deserves ‘due process’
The woman who has accused Virginia Lt. Gov. Justin Fairfax of sexual assault deserves “due process,” Democratic National Committee Chairman Tom Perez said Wednesday.
Fairfax has denied that the sexual encounter from 2004 was nonconsensual, as the woman has claimed. Evidence that might corroborate either party's version of events has yet to emerge...
February 4, 2019 | Criminal Procedure & Due Process
ABA urges high court to reject rigid bail systems
The American Bar Association has weighed in on a growing national debate over whether an inflexible system that sets fixed amounts for bail and probation is constitutional...
January 25, 2019 | Criminal Procedure & Due Process
Iowa Supreme Court says Cedar Rapids traffic camera do not violate due process
CEDAR RAPIDS, Iowa (KCRG) - Speed and traffic cameras in Cedar Rapids do not violate a constitutional right to due process, the Iowa Supreme Court ruled on Friday.
The high court upheld lower court rulings dismissing a class action lawsuit against the City of Cedar Rapids Speed Cameras. A group of drivers filed that lawsuit in 2018 claiming the cameras violate equal protection, due process and other clauses of the Iowa Constitution...
January 15, 2019 | Criminal Procedure & Due Process
NRA: North Dakota gun control bill denies due process rights
(FARGO) - There’s a bill in the North Dakota legislature that supporters say would keep guns out of the hands of dangerous people.
The “Public Safety Protection Order Bill” allows law enforcement or family members to petition a court to temporarily ban someone considered a danger to themselves or others from possessing guns...
January 11, 2019 | Criminal Procedure & Due Process
Congressman Slams Civil Forfeiture As ‘A Series Of Government Shakedowns’
Speaking at a panel on Capitol Hill Wednesday, Reps. Tim Walberg (R-MI) and Jamie Raskin (D-MD) sharply criticized the federal government’s use of civil forfeiture, which lets law enforcement confiscate property and pocket the proceeds for themselves, all without filing criminal charges.
“In this great country, the presumption of innocence has to be first and foremost,” Congressman Walberg said. “But with civil asset forfeiture, that’s not the case.”...
December 3, 2018 | Criminal Procedure & Due Process
Pa. Supreme Court: Names of Catholic clergy will remain shielded
The Pennsylvania Supreme Court on Monday ruled that it would not release the identities of 11 Roman Catholic clerics implicated in a high-profile grand jury investigation of child sexual abuse…
December 3, 2018 | Criminal Procedure & Due Process
County liable for jailing woman 96 days without seeing judge
There are two remaining questions left for a Mississippi woman who sued over being jailed 96 days without seeing a judge: Will the U.S. Supreme Court get involved, and if not, how much will she get paid…
December 2, 2018 | Criminal Procedure & Due Process
Motion for new trial is denied
A former Sandpoint man convicted of lewd conduct and sexual abuse of a minor was denied a new trial last month….
November 30, 2018 | Criminal Procedure & Due Process
Jailed parents must be included in hearings on their kids’ fate, Iowa Supreme Court rules
Parents in prison or jail must be allowed to fully participate in hearings on whether their parental rights will be taken away, the Iowa Supreme Court ruled Friday…
November 29, 2018 | Criminal Procedure & Due Process
New York top court rules non-citizen facing deportation entitled to jury trial
The New York Court of Appeals on Wednesday held that a non citizen charge with a crime…
November 21, 2018 | Criminal Procedure & Due Process
Judge: UM deprived professor of due process in disciplinary case
A University of Michigan professor accused of sexual harassment should have been allowed to cross-examine her accusers, a federal judge has ruled…
November 17, 2018 | Criminal Procedure & Due Process
DeVos proposed new protections for students accused of assault
Education Secretary Betsy DeVos has proposed a major overhaul to the way colleges and universities handle sexual misconduct complaints…
- Gideon v. Wainwright Viewing Guide
- Gideon v. Wainwright Viewing Guide Answer Key
- Supreme Court Roundup 2018-2019
- The Fourth Amendment and Tire Chalking
- Criminal Procedure
- Due Process and Justice
- New Jersey v. T.L.O. (1985)
- Gideon v. Wainwright (1963)
- Should the Death Penalty be Abolished?
- Florence v. The Board of Chosen Freeholders (2011)
- Hamdi v. Rumsfeld (2004)
- Hiibel v. 6th Judicial District Court of Nevada (2003)
- Dickerson v. United States (2000)
- Gregg v. Georgia (1976)
- Miranda v. Arizona (1966)
- Olmstead v. United States (1927)
- George W. Bush and the Military Tribunals
- Due Process Central Lessons and Activities
- Airport Scanners and the Fourth Amendment
- Supreme Court GPS Warrant Ruling
- The Arizona Immigration Law Countersuit
- Arizona Immigration Law
- Pardon Me, Mr. President