by Kent Scheidegger · May 8, 2020 9:22 am
Chief Justice Roberts has granted a 10-day stay in the controversy between USDOJ and the House Judiciary Committee on the release of grand jury materials from the Mueller probe.
Under standard procedure, the application was addressed to the Chief individually as the Circuit Justice assigned to the D.C. Circuit, where the case comes from. Continue reading . . .
by Kent Scheidegger · May 7, 2020 2:36 pm
The U.S. Supreme Court severely admonished the Court of Appeals for the Ninth Circuit today for reaching out to recast a case to present issues not raised by the parties. The opinion was unanimous, written by Justice Ginsburg. The Ninth Circuit panel, at the time of the recasting, consisted of Judges Reinhardt, Tashima, and Berzon.
In United States v. Sineneng-Smith, No. 19-67, the high court disposed of the case saying, “we vacate the Ninth Circuit’s judgment and remand the case for reconsideration shorn of the overbreadth inquiry interjected by the appellate panel and bearing a fair resemblance to the case shaped by the parties.” In judicial-speak, that is a stern rebuke. Continue reading . . .
by Kent Scheidegger · May 5, 2020 11:55 am
On March 18, the Philadelphia Inquirer reported, “Police Commissioner Danielle Outlaw notified commanders Tuesday that police will be delaying arrests for nonviolent crimes, including drug offenses, theft, and prostitution.”
Evidently the Chief did not anticipate the result reported by WPVI last Thursday. Continue reading . . .
by Michael Rushford · May 4, 2020 10:37 am
California’s Fourth District Court of Appeals held last Tuesday that an emergency rule by the state’s Judicial Council authorizing judges to give zero bail to those charged with nonviolent crimes is not mandatory. Alaina Lancaster of the Recorder reports that the unanimous court asserted that “[t]he Judicial Council did not intend to suspend the array of statutes governing bail, as well as the superior court’s inherent authority, which allow the court to depart from the scheduled bail amount or impose bail conditions in individual cases under appropriate circumstances.” The decision was announced in response to a San Diego Superior Court Judge’s decision to depart from the rule and set bail for defendants in order to “assure the appearance of the defendant or protect public safety.”
by Kent Scheidegger · May 4, 2020 8:04 am
The U.S. Supreme Court moved swiftly today to resolve the question of whether its April 20 decision on nonunanimous juries applies retroactively to cases on federal habeas corpus. The correct answer is clearly “no.” Continue reading . . .
by Michael Rushford · May 1, 2020 11:12 am
A Los Angeles County decision to eliminate bail for those arrested for so-called “low level” felonies is proving to be a bonus for habitual criminals. The no-bail policy was instituted in late March to reduce the jail population and protect inmates from the Covid-19 virus. Richard Winton at the Los Angeles Times reports that the no-bail policy has turned the police department into a revolving door where criminals are arrested, charged then released after a few hours to commit another crime. Over a three-week period in April, habitual felon Eric Medina was arrested and released four times for stealing cars. In the first 30 days of the policy LAPD has arrested and released 213 criminals multiple times for felonies such as car theft, which is not considered an important crime worthy of time in jail unless, of course, it happens to be your car.
UPDATE: On Thursday, Alameda County Judge Thomas Reardon released suspected double-rapist Gregory Vien from jail pending trial to protect him from Covid-19. DNA evidence linked Vien to two rapes in 1997. The judge relied upon an advisory from California’s Judicial Counsel which recommends zero bail for those arrested for non-violent offenses. Apparently Judge Reardon considers rape a non-violent offense.
by Kent Scheidegger · Apr 30, 2020 12:40 pm
Multnomah County, Oregon DDA Mark McDonnell (Ret.) has this op-ed in Oregon Live with the above title. The article is addressed specifically to Oregon’s SB 1008 which essentially repealed a 1994 ballot measure, Measure 11. The concerns he raises are the same in many states, though. Continue reading . . .
by Michael Rushford · Apr 30, 2020 10:32 am
Although Orange County jails are not full, a court commissioner recently ordered the early release of seven high risk sex offenders because of the Covid-19 pandemic. Jessica De Nova of ABC news reports that all of the released criminals have previously violated parole, some several times. The Sheriff told reporters that his jail population is down by 45% since March and that none of releases are related to measures taken to protect inmates from the virus. “We have responsibly created the capacity need in the jail to house sex offenders and other dangerous criminals.”
by Kent Scheidegger · Apr 29, 2020 2:24 pm
This article in USA Today reports that mass testing in a North Carolina prison revealed far more prisoners infected with the Covid-19 virus than was previously believed. This result provides an additional reason not to release large numbers of prisoners, although that implication evidently did not occur to USA Today. Continue reading . . .
by Kent Scheidegger · Apr 27, 2020 11:45 am
This Friday, the U.S. Supreme Court will consider whether to take up the “sanctuary state” case, United States v. California, No. 19-532. This is the ninth consideration. Continue reading . . .
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