On August 26, 2014, Erwin Chemerinsky, the Dean of the Law School at the University of California, Irvine, published an Op-Ed in The New York Times entitled "How the Supreme Court Protects Bad Cops." In that article, Dean Chemerinsky concluded in part: “In recent years, the court has made it ...
In this ominous decision, the Third Circuit created a new draconian remedy to deal with defendants who attempt to appeal some aspect of their sentence after agreeing in their plea agreements to waive all their rights of appeal before they even know what the actual sentence will be. Essentially, the ...
Here, a divided panel held that a Nevada administrative prison policy of denying prisoners medically recommended cataract surgery, based solely on the premise that “one-eye-Is-enough,” constitutes the “paradigm of deliberate indifference”.
In this case, John Colwell, a 67-year old inmate serving a life sentence in a Nevada state prison, and ...
This is the first appellate case involving a religious hate crime under The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009 (18 U.S.C. § 249) (herein the “Act” or the “Hate Crimes Act”); and it is a decision that will significantly limit the scope of prosecutions ...
A jury found Abby Rae Cole guilty of conspiracy to commit mail and wire fraud, tax evasion, and conspiracy to commit tax fraud. The district court (Judge Michael Davis of the D.Minn.) sentenced Cole to three years probation, a downward variance from the advisory Guidelines range of 135 to 168 ...
Here, the Court held that a police officer’s false assertion to a driver that he had probable cause to search the car rendered the ensuing search unreasonable and fatally tainted the search of the car and the seizure of a gun that was recovered.
This case is about a police ...