Category Archives: Federal Criminal Law
GARRITY, THE POLYGRAPH AND THE FIFTH
As the “scandals” continue to mount around New Jersey Gov. Chris Christie, there are a lot of he said/she said allegations flying about. There…
Does No Contest Plea to New Offense Support a Violation of Federal Supervised Release?
An Alford plea is a plea of “no contest” or “nolo contendere” to a criminal charge. In such situations the defendant does not plead…
Texas Attempts Involuntary Medication to Ready Mentally Ill Convict for Execution
The facts in the Steven Staley are not in serious dispute. He and two other men entered a Steak and Ale restaurant in Fort…
Adam Walsh Civil Commitment Case Reversed After Appellate Court Rejects Finding of Dangerous Sexual Offender
The U.S. Justice Department has studied, and found, that a majority of the nation’s incarcerated offenders have experienced some type of physical or sexual…
2013 Was Banner Year for Exonerations of Wrongfully Convicted
The National Registry of Exonerations reported on February 4, 2014 that last year was a “record-breaking year for exonerations (87) in the United States.”…
A Violation of the Law is Probable Cause, Even if the Cops Cite the Wrong Law
Law is a matter of interpretation. Courts are the venue of interpretation. Law is defined when judicial interpretations circuitously traverse the legal landscape to…
Downward Departure in Sentencing Tamil Tiger Upheld
Pratheepan Thavaraja is a Sri Lankan native. He was the principal procurement officer for the Liberation Tigers of Tamil Eelam (“LTTE”)—a group founded in…
Are Federal Sentencing Guidelines Substantively Unreasonable in Child Pornography Cases?
Are Federal Sentencing Guideline Substantively Unreasonable in Child Pornography Cases? In July 2011, Thomas King was indicted by a Federal grand jury in Maine…
New Hearing on Sentence in “Death Results” from Drug Distribution Case
Federal drugs laws are stiff. That’s the way Congress wanted it. One of the stiffest drug penalties is found in 21 U.S.C. § 841(b)…
Supreme Court Reverses Heroin “Death Results” Case with 20 Year Minimum Sentence
On January 27, 2014, the U.S. Supreme Court handed down a significant decision in a drug death case. A little statutory background is in…
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