BLOG BULLETS: A recent investigation in the District of Kansas discussed in a lengthy district court order reveals a Corrections Corporation of America facility has been recording attorney-client calls and video recording attorney-client meetings it’s not supposed to be recording. On the one hand, the order shows there are potential procedures which could be instituted […]

The daughters of a mentally ill man who jumped to his death in a Los Angeles jail in 2014 will receive $1.7 million under the terms of a settlement approved by the Los Angeles County Board of Supervisors Tuesday. Eric Loberg, who had been diagnosed with schizophrenia and appointed a legal conservator after being found […]

BLOG BULLETS: A recent article by Alan Ellis suggests pleading open may be a better way to go in some cases. A study described in the article showed sentences were actually lower with open pleas in some types of cases, like fraud, though they were higher in other types of cases, like tax cases. So […]

BLOG BULLETS: A recent Supreme Court opinion holds the “generic” version of “sexual abuse of a minor” for purposes of the categorical approach requires that the victim be less than 16 years old, at least in the absence of a relationship of trust. The opinion’s analysis illustrates the use and potential importance of “50 state […]

BLOG BULLETS: A New York district court has joined the flood holding ICE detainers can’t be used to defeat an order setting bond in a criminal case. The court’s memorandum order cites both the Ninth Circuit’s decision in United States v. Santos-Flores, 794 F.3d 1088 (9th Cir. 2015), and the in-depth district court opinion in United States […]

  This post is just a short update on enforcement of the Ninth Circuit’s opinion strictly limiting shackling in United States v. Sanchez-Gomez, 859 F.3d 649 (9th Cir. 2017) (en banc).  You may recall a post a couple of months ago on a petition for writ of mandamus our Federal Public Defender friends in Arizona […]

BLOG BULLETS: The Ninth Circuit has held the California drug statutes are divisible in both the controlled substance element and the sale/transportation conduct element. The question remains open in other states with overbroad drug statutes, however, because resolution of the question depends on whether state law requires jury unanimity on the element and that will […]

BLOG BULLETS: An Arizona district court attempt to avoid complying with the Ninth Circuit holding that defendants can’t be shackled even in non-jury court proceedings has been rebuffed, at least for the time being, in an emergency appeal by the Arizona Federal Public Defender. Watch for ways courts may try to weasel out of the […]

BLOG BULLETS: The new Attorney General has revoked the Holder memos limiting use of mandatory minimums and gone back to the old “most serious, readily provable offense” standard. There is a caveat in the “Sessions Memo,” also reiterated in a speech he recently gave, implying prosecutors do have some discretion if necessary to avoid a […]

BLOG BULLETS: Defendants are entitled to discovery of software programs the government uses to conduct forensic analysis it uses in its case. Government assurances discovery would be fruitless and not lead anywhere are not a basis for denying such discovery. This case law should also extend to discovery of other sorts of technology the government […]