The Minnesota Supreme Court just ordered that the source code to the state’s alcohol breath test machines be released for scrutiny by defense lawyers.
Last year, the New Jersey Supreme Court reinstated thousands of DUI convictions after two independent testing labs examined the software.The US Supreme Court just narrowed the 4th Amendment’s protections against unreasonable searches and seizures in a case called Herring v. United States. This is a case about the Exclusionary Rule. Writing for the 5-4 majority, Chief Justice Roberts argues that the mistakes of law enforcement are not serious enough in the case to justify [...]
French President Nicholas Sarkosy wants to do away with Investigating Magistrates. This would end a 200-year legal tradition in France. Although the move gives lip service to the presumption of innocence, the practical result will be more power to the government and less justice for the people.
This important story has been discussed widely. [...]Jose Luis Nazario is being prosecuted in civilian court for crimes allegedly committed while serving as an active-duty US Marine. The Military Extraterritorial Jurisdiction Act was designed for prosecuting US mercenary forces – who are not subject to the military courts.
This case should not be in the civilian courts. Although I have publically [...]A military commission has convicted Salim Hamdan of giving Material Support for Terrorism. It acquitted him of the primary charge he faced: Conspiracy to Commit Terrorist Acts. Looking at these proceedings is like reading the autopsy report on the American Legal System.
Even if this defendant had been acquitted of all the charges, he [...]House Resolution 5843 would end the federal prohibition of possession of up to 100 grams of marijuana. and for the non-profit sale of up to an ounce. HR 5843 would provide a $100 fine for public use of marijuana. Sadly, HR 5843 would not take marijuana off of Schedule One List of drugs under the [...]
The US Supreme Court gave the criminal defense bar a couple of significant victories this week. Not only will it be more difficult for prosecutors to win money laundering convictions, but prosecutors will have weaker bargaining power in plea negotiations. Read the US Supreme Court decisions for Cuellar v. US and US v. Santos. For [...]
Here is another important confrontation clause case. Many states allow prosecutors to put into evidence the results of lab tests on suspected drugs without having to authenticate the report by a live witness. This is rather like allowing the prosecutor in a tax case to put on financial evidence without producing the accountant for cross-examination. [...]
Here’s a very interesting case about search & seizure law. The question presented: is it OK for cops to search a lawfully parked car after they have the suspect in custody? For further study, have a look at the Arizona Supreme Court Decision in this case. Read the decision in Thornton v. US, which is [...]
The Fifth Amendment to the US Constitution says that no person shall be compelled in any criminal case to be a witness against himself. A current case gives us a chance to reconsider this basic civil right. The defendant is a Canadian with US Residency. Border agents examined his laptop and discovered it contained child [...]
