Criminal

North Carolina Supreme Court holds mandatory lifetime GPS monitoring for some sex offenders violates Fourth Amendment

By Douglas Berman on August 18, 2019

Four+ years ago as noted in this post, the US Supreme Court issued a short per curiam summary reversals in Grady v. North Carolina, No. 14-593 (S. Ct. March 30, 2015) (available here), in which the Court clarified and confirmed that the Fourth Amendment is applicable to sex offender monitoring. That case was remanded back to the state courts, and late last week there was a major ruling by the Supreme Court…

Illinois Post-Conviction Blog

Failure to serve notice to the State rendered appellant unable to challenge the timeliness of the circuit court’s sua sponte dismissal of his 2-1401 petition

By Nate Nieman on August 18, 2019

The appellant in People v. Roberson, 2019 IL App (1st) 170757 appealed the decision of the Circuit Court of Cook County dismising his pro se petition for relief from judgement (under section 2-1401 of the Code of Civil Procedure) on the grounds that the dismissal was premature since it was within 30 days of the petition’s filing. The Appellate Court of Illinois First District ultimately affirmed the decision of the Circuit Court of Cook County.…

Sentencing Law and Policy

Enduring examinations of the data and dynamics of modern mass incarceration

By Douglas Berman on August 18, 2019

Professor John Pfaff’s important book on modern criminal justice systems in the United States, Locked In: The True Causes of Mass Incarceration – and How to Achieve Real Reform, was published more than 2.5 years ago. But the data and themes covered in this book remain quite timely, as well evidenced by two new pieces published this week. The first is by Pfaff himself in Politico under the headline “What Democrats Get Wrong About…

Simple Justice

Orange Cat Bad

By Scott Greenfield on August 18, 2019

First, a confession. I have a cat, to the extent a cat can be had. It’s an outdoor cat, a mouser, and it works to survive. It’s been here for more than 14 years now, always outdoors. Its name is “cat,” not because it was named that but because it wasn’t. Cat, vigilantly guarding Casa de SJ But over time, cat has become a fixture at Casa de SJ. I know, but I couldn’t help…

Simple Justice

Rebecca Blank’s Self-Created Cephus Dilemma

By Scott Greenfield on August 18, 2019

The jury swiftly found expelled University of Wisconsin student and football player Quintez Cephus not guilty. In a better world, that might be the end of the misery he’s been put through by the false rape accusations, but in a woke world, that’s not how it works. No matter what UW-Madison Chancellor Rebecca Blank decides, she will be criticized. Former Wisconsin Badgers wide receiver Quintez Cephus, who was expelled from the university last…

Simple Justice

Hug It Out

By Scott Greenfield on August 18, 2019

Crazy as it seems at first blush, those whose “real life” world consists of social media and, to the extent they come within touching distance of other human bodies, stand in a minefield of problematic words and actions such that the only safe course of conduct is an apology, could probably use a little physical contact. They could, of course, go to a family member when they need a hug, but structural problems often get…

Simple Justice

Short Take: A New Paradigm

By Scott Greenfield on August 17, 2019

Neal Sonnett is something of a legend in white collar criminal defense, so he can be forgiven his legacy involvement in the criminal justice section of the ABA long after so many criminal defense lawyers have walked away from this suicidal dinosaur. But as the battle roared over Resolution 114, which was presented to the ABA House of Delegates with support and co-sponsorship of Criminal Justice Section, and in light of the scathing criticism…

Simple Justice

The Janitor’s Lament

By Scott Greenfield on August 17, 2019

Eric Turkewitz explained it with an epitaph. It wasn’t a real epitaph, but a humorous one. Still, it made the point. Here lies the body of John McCray, He died defending his right of way. He had the light, He had some pluck, But the other fellow had the truck. Being right it wonderful, but better to be alive and right. And if you’re forced to choose, pick alive. The legal adage, comply now,…

Bloom Legal Blog

Does the Amount of Damage To a Vehicle Matter In a Personal Injury Case?

By Seth Bloom on August 16, 2019

Posted on Aug 16, 2019 in Personal Injury If you are involved in a car accident and your car sustains no major damage will it affect the outcome of your personal injury case? This is a common myth in the realm of personal injury. Damage to your vehicle and damage to your bodily person are unique factors in an accident, and you can seek legal compensation for either or both. If you were involved in…

Aprodu | Conley, PLLC

Salem – Domestic Assault & Battery – Dismissed

By Alexander Conley on August 16, 2019

Our client called 911 to report that our client’s brother was going crazy, and smashing objects with a broom in their home. When the police arrived, our client, our client’s brother, and our client’ mother were interviewed, and our client was alleged to have chased, tackled, and punched the brother earlier that evening. The police observed and photographed the injuries on our client’s brother. Our client also admitted to the police that there had been…