Criminal Law

/Criminal Law
13 Jul, 2011

Are New Laws, Passed in the Passions of the Moment, Good Laws?

2019-03-18T18:47:56-05:00July 13th, 2011|Tags: , , , , , , |

It seems like every time I go online I see the omnipresent Casey Anthony. Her pictures always elicit the same taste as her media coverage—it’s like regurgitating curdled yogurt. So, with bile and awe, I’ve recently read how several states and even the federal government are considering new laws in her honor, [...]

29 Jun, 2011

Third Circuit Rules that Padilla v. Kentucky is Retroactively Applicable on Habeas

2019-03-18T18:47:56-05:00June 29th, 2011|Tags: , , , , |

The Third Circuit took the unusual step of declaring a Supreme Court opinion (Padilla v. Kentucky, 130 S.Ct. 1473 (2010)) retroactively applicable to defedants filing habeas corpus motions. The case is United States v. Orocio and the opinion can be found here. For those who do not regularly follow post-conviction and habeas [...]

23 Jun, 2011

Ron Paul and Barney Frank Introduce Bill to Legalize Weed

2019-03-18T18:47:57-05:00June 23rd, 2011|Tags: , , , |

The USA Today and a host of other media outlets report that Representatives Ron Paul and Barney Frank introduced a bill to legalize marijuana. According to Politico, the bill was: Modeled on the 21st Amendment to the Constitution that repealed the prohibition of alcoholic beverages, the legislation is being cast by the Marijuana Policy Project [...]

7 Apr, 2011

U.S. Sentencing Commissions Makes Permanent Amendment to the Sentencing Guidelines for Offenses Involving Crack Cocaine

2011-04-07T16:15:24-05:00April 7th, 2011|Tags: , , , |

On April 6, 2011, the U.S. Sentencing Commission issued a press release stating that the Commission amended the Sentencing Guidelines to account for the Fair Sentencing Act of 2010. The changes will be permanent and will result in lower sentences for those facing mandatory minimum sentences for crack cocaine offenses. Commission chair, [...]

17 Mar, 2011

My Visit To The University of Virginia Law School

2019-03-18T18:48:04-05:00March 17th, 2011|Tags: , , |

On next Tuesday, March 22nd, I will be speaking at the University of Virginia Law School. The gathering will occur at 12:30, and the UVA Innocence Clinic will be providing lunch. Special thanks to Allison Harnack for putting the event together. The blurb is below. The University of Virginia Innocence Project Presents [...]

10 Mar, 2011

Is the Eighth Becoming the New Ninth Circuit When It Comes to Federal Sentencing Cases?

2019-03-18T18:48:05-05:00March 10th, 2011|Tags: , , , , |

There has been much ado lately about the Sixth Circuit’s current 15-game losing streak and the Ninth Circuit’s perpetual trouncing by the Supreme Court. But gone unnoticed is another losing streak, one that has been just as disrespectful to the spirit of Supreme Court precedent: the Eighth Circuit’s dismal record in sentencing cases.

24 Feb, 2011

What Does “Cocaine Base” Mean?

2019-03-18T18:48:05-05:00February 24th, 2011|Tags: , , , , , |

On Monday, the Supreme Court will hear argument in DePierre v. United States, 09-1533, and decide a long-running dispute on what Congress meant by the term “cocaine base” for purposes of imposing mandatory minimum sentences under the federal narcotics statute. In 1985, Maryland basketball star Len Bias died of a cocaine drug overdose [...]

14 Feb, 2011

The Omitted Parts: The Smart on Crime Report

2019-03-18T18:48:06-05:00February 14th, 2011|Tags: , , , |

Last week a number of distinguished organizations released a new report meant to urge Congress and the President into making substantive changes to the way this country deals with crime. In my last post, I pointed out the strengths of the report. In this post, I want to discuss a few items that [...]

11 Feb, 2011

The Good Parts: My Conclusions of the Smart on Crime Report

2019-03-18T18:48:06-05:00February 11th, 2011|Tags: , , |

Last night, I read through most of the report entitled, Smart on Crime: Recommendations for the Administration and Congress. The goal of the report is to provide “analysis of the problems plaguing our state and federal criminal justice systems and a series of recommendations to address these failures.” For the most part, [...]

10 Feb, 2011

New Smart on Crime Report

2019-03-18T18:48:06-05:00February 10th, 2011|Tags: , |

Today, the Smart on Crime Coalition released a report, entitled Smart on Crime: Recommendations for the Administration and Congress. The Coalition includes a number of great organizations, such as the ABA, ACLU, the Cato Institute, FAMM, Institute for Justice, Innocence Project, NACDL, NAACP, Prison Fellowship and the Sentencing Project.