Criminal Defense News of the Week
by: Sduclos • November 20, 2012 • no comments
Contents |
Portland Police Shoot 17-Year Old
Portland Police Officer Greg Moore shot the 17-year-old after he got out of his car, with his hands up, and ran. The officers had been conducting surveillance on an apartment in connection with witness intimidation when they saw the youth leave the building, openly carrying a gun. A second officer shot the young man with a beanbag gun, and a police dog bit the teen's wrist. The judicial referee ordered that the young man remain in custody. Read more in the Oregonian.
John Brennan - Acquitted of Indecent Exposure
Brennan shed his clothes April 17 at the Portland Airport, during a TSA security scan. He was charged with violating a city indecent exposure ordinance. Brennan testified at his trial that he undressed because he felt fed up with invasive TSA procedures. Judge Rees acquitted Brennan on the basis of free speech. Congrats to attorney Michael Rose. Read more in the Oregonian.
Is Insanity Defense a Constitutional Right?
A new petition for cert before the US Supreme Court argues that Idaho and other states' refusal to recognize insanity as a defense violate defendants' rights to due process. Mr. Delling pleaded guilty in Idaho to second-degree murder, and he was sentenced to life imprisonment although the trial judge found that Delling did not have the "ability to appreciate the wrongfulness of his conduct." 52 Criminal Law and Mental Health Law Professors filed an Amicus in support, available here. The Washington Post article gives some helpful background on the case and general state of the insanity defense cross-country.
Washington Supreme Court Orders Limit on Public Defender Case Loads
The order requires public defenders to certify that they meet certain standards, including qualifications of the attorney and caseload limits. The standards limit caseloads to 400 misdemeanors or 150 felonies or 250 juvenile cases per year. To respond to the order, cities and counties will either need to divert some nonviolent cases or hire more attorneys. Read more in the Seattle Times.
