The United States Supreme Court has held that a San Diego federal district court judge Barry Ted Moskowitz was not authorized to impose a prison sentence in order to promote the defendant’s rehabilitation. In reversing defendant’s criminal sentence, the court has ruled that Judge Moskowitz erroneously lengthened a prison term “Supreme Court Reverses Decision of a San Diego Federal Judge”
Supreme Court: BAC Reports Subject to the Sixth Amendment Scrutiny
Recently, the United States Supreme Court has ruled that the prosecution is prohibited from introducing a forensic laboratory report containing a BAC (blood alcohol concentration) certification through the in-court testimony of a scientist who did not sign the certification or perform or observe the test reported in the certification. The “Supreme Court: BAC Reports Subject to the Sixth Amendment Scrutiny”
Supreme Court: Age of a Child is a Relevant Factor in Miranda Cases
Recently, the United States Supreme Court has held that the age of a child subjected to police questioning is a relevant factor to consider in determining where a minor must be given Miranda warnings before being questioned by law enforcement officers. Under Miranda, an individual must be advised of the “Supreme Court: Age of a Child is a Relevant Factor in Miranda Cases”
Supreme Court Allows Warrantless Search of Apartment That Smelled of Marijuana
Police officers who followed a suspect into his apartment complex were legally justified to knock down the door of an apartment that belonged to a different individual, when they detected a strong odor of marijuana emanating from the apartment and heard sounds of evidence being destroyed after announcing their presence, “Supreme Court Allows Warrantless Search of Apartment That Smelled of Marijuana”
Alleged Tucson Shooter Can Refuse Antipsychotic Medication
The Ninth Circuit Court of Appeals ruled this week that Jared Lee Loughner, an individual who is charged with shooting Representative Gabrielle Giffords, could refuse taking forced antipsychotic medication while he appealed his treatment prescribed by prison doctors. Loughner, who has been prosecuted for the Tucson shooting, is currently facing “Alleged Tucson Shooter Can Refuse Antipsychotic Medication”
Supreme Court Allows Execution of a Mexican Citizen in Texas
Yesterday, the United States Supreme Court refused to stay the execution of a Mexican citizen, Humberto Leal Garcia, who was convicted of the 1994 rape and murder in Texas, despite requests from his defense attorneys and the United States and Mexican governments to postpone the execution. A few hours later, “Supreme Court Allows Execution of a Mexican Citizen in Texas”
Miranda: The Prosecution Will Not Use What You Say to Help You
The United States Supreme Court requires that a criminal defendant be advised of the rights to remain silent and request an attorney before being questioned by the police while in custody. For over 40 years these rights have been enshrined in the famous Miranda warning, an important procedural safeguard to “Miranda: The Prosecution Will Not Use What You Say to Help You”
California Courts Disagree on Lengthy Prison Terms for Juveniles
Last year, the United States Supreme Court held in a deeply divided opinion that a sentence of life imprisonment without parole (LWOP) for any juvenile offender who did not commit a homicide was unconstitutional as cruel and unusual punishment under the Eighth Amendment to the United States Constitution. The court, however, “California Courts Disagree on Lengthy Prison Terms for Juveniles”
Life Imprisonment without Parole is illegal in Non-Murder Juvenile Matters
The United States Supreme Court in a deeply divided opinion reversed a conviction of a 16-year old minor who was sentenced to life without parole (LWOP) for a non-homicide Florida offense of home invasion robbery. In Graham v. Florida, the court held that a sentence of LWOP for any juvenile “Life Imprisonment without Parole is illegal in Non-Murder Juvenile Matters”
Attorneys must Advise Criminal Defendants on Immigration Law
The United States Supreme Court just held that a criminal defense attorney must provide advice in this specialized area in those cases in which the law is “succinct and straightforward.” The Court noted that changes to immigration law have dramatically raised the stakes of a noncitizen’s criminal conviction. Immigration reforms “Attorneys must Advise Criminal Defendants on Immigration Law”