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Appeals

Third Circuit: Cops Must Face Claims For Injuring Homeowners in Drug Raid

Forty-three (!) Pennsylvania State Police SWAT team officers execute a pre-dawn, no-knock raid on the home of a Bangor, Penn. family. In legal parlance, they beat the snot out of the family—most egregiously striking a 76-year-old woman in night clothes in the face with a shield, breaking multiple teeth and a vertebra. Family sues under Fourth Amendment for excessive force. Third Circuit: "Policing can be rough business.

Supreme Court: Ga.'s Bid To Retry Man Acquitted of Murder Violates Double Jeopardy

The U.S. Supreme Court on Wednesday blocked Georgia's attempt to again prosecute a man who was acquitted for one charge in the murder of his adoptive mother despite conflicting verdicts on other charges, finding that "an acquittal is an acquittal" regardless of a simultaneous guilty verdict for the same offense.

Tenth Circuit Vacates Passenger’s Drug Convictions For Lack of Knowledge

Oklahoma police stop car for traffic violations, search it, and discover 29 pounds of meth stashed in secret compartments (which carried a wholesale value of about $75k). The driver-husband knew, but there's no evidence that the passenger-wife did. Nevertheless, a jury convicts her of conspiracy to distribute meth and interstate travel in aid of drug trafficking. Tenth Circuit: The prosecution needed to prove that the wife at least knew about the meth, and speculation doesn't substitute for evidence.

Botched Lethal Injection Execution of Thomas Eugene Creech

The execution of Thomas Eugene Creech, 73, one of the nation's longest-serving death row inmates was put on hold Wednesday, the latest in a number of botched lethal injections across the country (view full article).

For nearly an hour, Thomas Eugene Creech lay strapped to a table in an Idaho execution chamber as medical team members poked and prodded at his arms and legs, hands and feet, trying to find a vein through which they could end his life.

Tenth Circuit Rejects Race Bias Suit Over Diversity Training

Wherein the Tenth Circuit gives some side-eye to a Colorado prison's "troubling" DEI programming—warning that "race-based training programs can create hostile workplaces when official policy is combined with ongoing stereotyping and explicit or implicit expectations of discriminatory treatment"—but holds that in this particular case it wasn't so bad as to violate a white former officer's Title VII suit. The court also declined to reinstate his equal protection claim.

Honduras Ex-President Convicted of Drug Trafficking in NY Federal Court

Former President of Honduras Juan Orlando Hernández has been found guilty on charges relating to drug trafficking and weapons possession in a federal jury trial in New York (view full article).

The verdict was announced during the second day of deliberations, after a two-week trial.

Hernández served as a Honduran congressman, congress leader and finally two-term president. He was arrested in February 2022, only weeks after he finished his second presidential term.

Supreme Court Denies 'Thousands' A Chance At Shorter Sentences

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.

Mississippi Racist ‘Goon Squad’ Cops Sentenced For Torture of Innocent Black Men

Two former law enforcement officers who were part of a self-styled “Goon Squad” that tortured, sexually assaulted and beat residents of a Mississippi county were given hefty prison sentences on Tuesday for brutally attacking two Black men last year (view full article).

A federal judge ordered Hunter Elward, who shot one of the victims in the mouth, to serve 20 years in prison. Jeffrey Middleton, a former lieutenant who supervised the Goon Squad, was sentenced to nearly 18 years.