For 60 years, the Criminal Justice Act (CJA) has ensured that people who cannot afford to retain an attorney in federal criminal cases receive professional legal counsel at no cost.
Colorado’s star DNA scientist intentionally manipulated evidence for years, calling into question all of the criminal cases she worked on in her nearly three-decade career, according to a preliminary investigation released by officials Friday (view full article).
The Supreme Court on Friday dealt a blow to potentially thousands of federal prison inmates by ruling against a convicted drug dealer seeking a shorter sentence under a 2018 law.
The issue involved how to read a “safety valve” in federal criminal sentencing laws, which allows defendants to avoid the often lengthy mandatory minimum sentences scattered throughout the federal criminal code. The safety valve requires the defendant to satisfy a laundry list of each of five separate rules.
New FBI data released on Tuesday confirms previous indications that crime in the U.S. declined significantly in 2023, continuing a post-pandemic trend and belying widespread perceptions that crime is rising.
On Tuesday, the Defender Services Committee took action in response to a critical issue. Recognizing the absence of representation for individuals accused of crimes in certain federal district courts during Initial Appearance hearings, the Committee issued a memorandum.
This directive was circulated to all federal court and Criminal Justice Act personnel, reaffirming that federal law requires representation by counsel during every Initial Appearance hearing.
Massachusetts Gov. Maura Healey issued sweeping pardons forgiving possession of marijuana convictions, following the directive of President Joe Biden, who urged state executives to follow his lead in pardoning low-level marijuana offenses (view announcement).
Washington man runs an organization that purports to help undocumented adult immigrants become U.S. citizens through adult adoption. He's convicted and sentenced to 240 months for unlawfully "encouraging or inducing an alien to come to, enter, or reside unlawfully in the United States for private financial gain." He appeals his conviction. Ninth Circuit (2022): That provision is unconstitutionally overbroad because it could reach all kinds of protected speech. Conviction vacated.
Practice tip: When briefing, do not cite cases that don't exist (even if cleverly named Smith and Jones) and, for cases that do exist, do not misrepresent their facts and holdings. If you do, you might face a difficult oral argument followed by the court striking your brief from the record and dismissing your appeal, as the Ninth Circuit demonstrates.
Six people who had been deported are prosecuted for illegally reentering. Defendants: When Congress passed this law in 1929 it was for super racist reasons which carry forward to the current version of the law and makes it unconstitutional. Training Division: Yup (view full article). Fourth Circuit: Nope.
The original law criminalizing illegal reentry under 8 U.S.C. 1326 grew out of a disturbing time in history marked by the rise of eugenics, the Ku Klux Klan, and deeply nativist sentiments. See, e.g., Webinar: The Racist Origins of Illegal Reentry (and how to Challenge Them in Your Practice) (Oct. 15, 2020), by AFDs Kara Hartzler and Nora Hirozawa,.