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“Court to revisit ruling on Adelphia’s Rigases; Third Circuit to rehear ruling favoring Rigases; Defense says double jeopardy bars new conspiracy charge; John Rigas, Timothy Rigas already in prison”: Reuters has this report on an order granting a limited rehearing en banc that the U.S. Court of Appeals for the Third Circuit issued... 

Because there are no arguments or opinions at the Court this week, we thought that it might be a good day to catch up on last week’s oral arguments in Plain English. The arguments were many (six) and varied (everything from sentencing law to double jeopardy to securities fraud).  In Barber v. Thomas , the Court engaged in a tough process of statutory... 

Yesterday, the Supreme Court handed down an opinion that could affect the criminal and immigration proceedings of tens of thousands of immigrant defendants, holding that the Sixth Amendment requires criminal defense attorneys to advise their immigrant clients of the possible deportation consequences of a guilty plea.  In overturning a contrary decision... 

(Stewart Baker) Quick quiz: A legislature proposes strict new limits on wiretapping, including penalties for leaking the results of a criminal wiretap in advance of trial, essentially making such leaks a felony for most people and a misdemeanor for journalists.  Is this (a) good for human rights because it protects privacy and cuts down on prosecutorial... 

Over at Crime & Federalism , Mike urges defendants to put it all on the table at trial because of the futility of criminal appeals.  He supports his position by pointing to  the odds of winning, together with the egregious decision in People v.   Milosavljevic,  affirming a conviction despite the appellate court finding the victim’s... 

“Gableman to remain on case before Supreme Court”: Today’s edition of The Milwaukee Journal Sentinel contains an article that begins, “State Supreme Court Justice Michael Gableman will remain on a criminal case after the six other justices couldn’t agree whether they have the power to remove him over comments that some... 

The verdict is in on former Oakland Police Officer Johannes Mehserle, who was responsible for the death of Oscar Grant.  Guilty of involuntary manslaughter, the least culpable of the charges against him.   Popehat  provides a thorough examination of the charges and elements, and presents a cogent discussion of why, in the absence of evidence to... 

(Ilya Somin) Cato Unbound has an excellent symposium on “libertarian paternalism,” the theory that argues that government should intervene to protect people against cognitive biases that lead them to make decisions that ultimately reduce their ability to achieve their own objectives. Advocates of libertarian paternalism argue that their approach... 

This is my fifth post in a planned series on why the good faith exception to the exclusionary rule does not apply when a police officer conducts a search that is lawful when it occurs that is later ruled unlawful before the conviction is final. This issue is being litigated all over the country right now thanks to a clash of two recent Fourth Amendment... 

In 1993, Diapolis Smith was convicted of second-degree murder in Kent County, Michigan.  All twelve of the jurors who convicted him were white; Mr. Smith and the thirty-six other witnesses to the shooting in question were African American.  The venire panel from which the jury was drawn included no more than three African-Americans in its sixty to... 

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