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United States, 417 US 85 – Supreme Court 1974 Even a third-party to the third-party preventing compliance with a subpoena can result in a contempt finding. [read post]

Law Offices of Russell D. Knight - https://rdklegal.com/blog/

Bail after Federal Arrest in Texas and The Bail Reform Act of 1984

17 Jan 2023, 10:16 am by Michael Lowe

” United States v. [read post]

Dallas Criminal Defense Lawyer Blog - http://www.dallasjustice.com/dallascriminallawyerblog

The government’s use of a former cellmate’s testimony to introduce a defendant’s statements about his planned trial strategy didn’t violate the Sixth Amendment right to the effective assistance of counsel where the witness wasn’t a government informant when the defendant confided in him. Also, a federal probation officer’s warrantless search of the home and car of a person “serving a term of supervised release” didn’t violate the Fourth Amendment because the probation officer needed only a “reasonable suspicion” to search, not a warrant or probable cause. United States v. Chandler, No. 18-1841, 56 F.4th 27 (2d Cir. [Dec. 27,] 2022) (C.J.J.’s Lynch, Carney, and Sullivan).

17 Jan 2023, 7:34 am by Darrell Fields

United States v. [read post]

Federal Defenders of New York Blog - http://blog.federaldefendersny.org/

Court will confront jurisdictional jumble in the case of a transgender woman seeking relief from deportation

14 Jan 2023, 2:56 pm by Jamelle C. Sharpe

Despite these prior deportations, Santos-Zacaria returned to the United States in May 2018. [read post]

SCOTUSblog - http://www.scotusblog.com/

[Alison Siegler] Freedom Denied Part 2: Judges Must Follow the Correct Legal Standard at the Initial Appearance,

10 Jan 2023, 8:14 am by Alison Siegler

" The BRA's legal standard at the Initial Appearance was a central reason that the Court in United States v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Alison Siegler] Freedom Denied Part 1: How the Culture of Detention Created a Federal Jailing Crisis

9 Jan 2023, 1:02 pm by Alison Siegler

In 1987, the Supreme Court upheld the constitutionality of jailing federal defendants before trial in United States v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Police lighting up a car does not constitute detention

5 Jan 2023, 12:45 pm by Uthman Law Office

Consensual Encounter v Detention The deputy did not stop the car. [read post]

San Francisco Criminal Lawyer Blog - https://www.sanfranciscocriminallawyerblog.com/

“No Ordinary Pakistani”: The Intertwined Stories of Saifullah and Uzair Paracha

5 Jan 2023, 5:01 am by Karen Greenberg

” He had come to the United States in 1974 on a student visa, had graduated from the New York Institute of Technology, held a permanent resident visa, and traveled frequently between Pakistan and the United States. [read post]

Lawfare - http://www.lawfareblog.com/

Summaries Sunday: Supreme Advocacy

1 Jan 2023, 4:00 am by Administrator

(D.); VillaromanR. v. [read post]

Slaw - http://www.slaw.ca/

New University of Chicago Study’s Shocking Revelations of Federal Bail Injustice: Systemic Errors and the “Culture of Detention”

18 Dec 2022, 5:35 pm by Michael Lowe

As the United States Supreme Court explained long ago in Hudson v. [read post]

Dallas Criminal Defense Lawyer Blog - http://www.dallasjustice.com/dallascriminallawyerblog

Seaton: The SJ 2022 Year In Review

16 Dec 2022, 3:38 am by Chris Seaton

The United States records one million COVID deaths. [read post]

Simple Justice - http://blog.simplejustice.us

[Ilya Somin] Podcast on United States v. Texas

15 Dec 2022, 8:14 pm by Ilya Somin

The post Podcast on United States v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

In an appeal from a district court’s decision declining to “reopen [a] detention hearing under 18 U.S.C. § 3142(f),” the Second Circuit concludes that the district court declining to reopen the detention hearing wasn’t an abuse of discretion. And the district court’s consideration of the strength of the evidence against the defendant, in weighing the bail factors listed in § 3142(g), didn’t impinge on the presumption of innocence because that’s a trial right that “has no application to a determination of the rights of a pretrial detainee.” United States v. Zhang, No. 22-1761-cr, __ F.4th ____, 2022 WL 17419594 (2d Cir. Dec. 6, 2022) (C.J.J.’s Raggi, Wesley, and Nardini).

8 Dec 2022, 9:39 am by Darrell Fields

” United States v. [read post]

Federal Defenders of New York Blog - http://blog.federaldefendersny.org/

Counterfeiting (S.449, S.450, and S.452) Charges in Canada: Offences, Defences, Punishments

7 Dec 2022, 8:56 am by Michael Oykhman

It is no longer the law that the Crown simply proves that the offender possessed or uttered the counterfeit money: R v Freng, 1993 CanLII 913 (BCCA). [read post]

Oykhman Criminal Defence Law Criminal FAQ - https://www.oykhmancriminaldefence.com/faq/

Contempt of Court (s. 708) Charges in Canada: Offences, Defences, Punishments

7 Dec 2022, 8:37 am by Michael Oykhman

This conduct can include publicly disobeying a court order (United Nurses of Alberta v Alberta (Attorney General), 1992 CanLII 99 (SCC)) R v Devost, 2010 ONCA 459 (CanLII) also stated that the identity of the accused as well as the date and time of their prohibited conduct must be confirmed (at para 34). [read post]

Oykhman Criminal Defence Law Criminal FAQ - https://www.oykhmancriminaldefence.com/faq/

Affirmative Action Kicked Off Busy Week for SCOTUS

28 Nov 2022, 12:54 pm by DONALD SCARINCI

United States: The case seeks to resolve a circuit split over the statutory interpretation ofthe Bank Secrecy Act, which generally requires taxpayers to report their interests in foreign bank accounts. [read post]

Constitutional Law Reporter - https://constitutionallawreporter.com/