Criminal Defense News of the Week
by: Sduclos • November 20, 2012 • no comments
Fairness in Disclosure of Evidence Act of 2012 Introduced
On March 15th, leading U.S. Senators introduced bipartisan legislation to bring about sensible discovery reform in criminal prosecutions. The Fairness in Disclosure of Evidence Act of 2012, described here, is meant to reform discovery rules to comply with Brady and is supported by the NACDL.
Supreme Court to Review Constitutionality of Juveniles Serving Life Sentances
This month, SCOTUS will hear oral arguments in two cases, Jackson v. Hobbs and Miller v. Alabama, which will decide whether children can be sentenced to life without parole after being convicted of homicide. Read former juvenile court Judge Gail Garinger's compelling OpEd in the New York Times that explains the history of life sentences for juveniles and the reasons the Supreme Court should find it unconstitutional.
Lynn Stewart's Sentence Increased to 10 Years for Post-Conviction Statements, Attorneys Appeal to Second Circuit
Lynn Stewart's original sentence of 28 months was increased to 10 years by a judge who concluded that her comments after her trial suggested a lack of remorse. Stewart's sentence was apparently increased, in part, because she stated post-sentencing that she "might handle it a little differently" but that she "would do it again." She also told supporters that she could serve 28 months, "standing on her head." The Second Circuit is now reconsidering whether her re-sentencing violates her 1st Amendment rights. For more, read the LA Times' recent editorial.
Washington County Tactical Officers Shoot Armed Man, Concerned That the Officers Were Dangerous Intruders on His Property
The officers surrounding Mr. Flores-Haro's home had authority to raid a nearby residence. Mr. Flores-Haro was not aware of this, and he obtained a handgun from inside his house, thinking someone (other than the police) was intruding on his property. According to Mr. Flores-Haro's family, the officers did not announce their office and did not wear clearly-identifying uniforms. Mr. Flores-Haro was shot once in the arm and twice in his stomach. To read more, see Maxine Bernstein's March 14 article in the Oregonian.
New York Becomes First State to Require DNA Samples in Almost All Criminal Convictions, Including Misdemeanors
New York lawmakers approved a bill last Thursday that would make the state the first to require DNA samples from almost all convicted criminals. This includes misdemeanors such as jumping over a subway turnstile. To read more, see Joel Rose's recent article on OPB News.
