Topic
Due Process
1,512 published works
Sentencing Law and Policy
Wisconsin Supreme Court rejects due process challenge to use of risk-assessment instrument at sentencing
Main July 13, 2016Wisconsin Supreme Court rejects due process challenge to use of risk-assessment instrument at sentencingIn prior posts here and here, I noted the notable Loomis case in Wisconsin…
North Carolina Appellate Practice Blog
Rules are Made (Allowed) to be Broken (Suspended)
In recent weeks we've had a number of posts that demonstrate the inherent authority and broad power of our appellate courts. See here and here. Another example of that power…
Legal Profession Blog
Due Process Denied To Defense Attorney
The Connecticut Appellate Court reversed a finding of misconduct and 20-day suspension imposed against a criminal defense attorney who was alleged to have violated a court ruling by mentioning his…
The Right Coast
Dem Senator Says Due Process ‘Killing Us’ | The Weekly Standard
The Fifth Amendment to the U.S. Constitution reads, "No person shall ... be deprived of life, liberty, or property, without due process of law...." Senator Joe Manchin isn't sure the…
ImmigrationProf Blog
Mothers Targeted by DHS Enforcement Actions Shows Disturbing Due Process Concerns
As always, Bender's Immigration Bulletin has the latest:CLINIC and CARA Pro Bono Family Detention Project, June 15, 2016- "The stories of Central American mothers who were picked up for deportation in the…
ImmigrationProf Blog
Breaking: 11th Circuit Deepens Circuit Split on Prolonged Detention Bond Hearings
Today, the Eleventh Circuit Court of Appeals issued Sopo v. US Attorney General, No. 14-11421 (11th Cir. June 15, 2016), a case addressing the constitutional limits of the mandatory detention…
Gender and the Law Prof Blog
SCOTUS Upholds Serial Offender Provisions of Tribal Domestic Violence Act
By Tracy Thomas
Justice Ruth Bader Ginsburg wrote the opinion for a unanimous Court in US v. Bryant holding that two convictions of domestic violence in tribal court without provision of counsel can be put…
ImmigrationProf Blog
Report: California’s Due Process Crisis: Access to Legal Counsel for Detained Immigrants
The California Coalition for Universal Representation has issued a new report: California’s Due Process Crisis: Access to Legal Counsel for Detained Immigrants. From the Executive Summary:"California should create a publicly-funded program…
Sentencing Law and Policy
SCOTUS overturns Pennsylvania death sentence because involved DA who became state justice did not recuse
Main June 9, 2016SCOTUS overturns Pennsylvania death sentence because involved DA who became state justice did not recuseA death row defendant in the Keystone State got a key win on…
Constitutional Law Prof Blog
Supreme Court Finds Due Process Violated When Prosecutor-Turned-Judge Did Not Recuse
Professor Ruthann Robson, City University of New York (CUNY) School of LawIn its highly anticipated opinion in Williams v. Pennsylvania, the United States Supreme Court found that the failure of…