Sentencing Law

  • justice-handcuffs-e1372182679824-300x286

    Crime, Kids, Sentencing Law

    Criminally Yours: In Jail For Life At Age 16

    The Supreme Court’s decision still leaves thousands of juveniles, or inmates who started off as juveniles, in the system indefinitely. What else can be done?

    19 Comments / / Feb 1, 2016 at 3:02 PM
  • Donald Trump

    Morning Docket

    Morning Docket: 01.25.16

    * “I have standing to sue. Can you imagine if I did it? Should I do it just for fun?” Republican front-runner Donald Trump is floating a possible lawsuit against Ted Cruz over the senator’s eligibility to run for POTUS — because litigation is so much fun! [The Hill]

    * Everyone likes to think Justice Antonin Scalia is a crazy curmudgeon, but one of his former SCOTUS clerks knows there’s a softer side to the man people love to hate. In reality, he’s “an incredibly warm and generous man” with a “wonderful sense of humor.” [Columbus Business First]

    * A federal judge who’s had a change of heart about a lengthy sentence he gave to an admitted murderer says he and his colleagues need a way to give “second-look reviews” to adjust sentences for deserving prisoners. Would this work? [New York Times]

    * If the ruling in this case catches on, New York attorneys may soon be able to serve people via Facebook. Of course, if your lawsuit winds up in a defendant’s “Filtered Messages,” he’ll never see it, but it’s still a pretty cool concept. [WSJ Law Blog]

    * Charleston Law launched a new admissions program that will allow students to begin classes in the spring and graduate in two and a half years instead of three. Perhaps the goal here is to graduate students before the school closes for good? [ABA Journal]

    28 Comments / / Jan 25, 2016 at 8:57 AM
  • Prison sad

    White-Collar Crime

    The Yale Law Journal And Solitary Confinement

    With all the focus on the death penalty, another evil of the prison system is getting glossed over.

    29 Comments / / Jan 21, 2016 at 11:03 AM
  • smack slap benchslap benchslaps

    Benchslaps, Federal Government

    Benchslap Unloads On District Judge For History Of Screwing Up Trials

    The appeals court is getting sick and tired of benchslapping this judge.

    25 Comments / / Jan 11, 2016 at 10:05 AM
  • Ethan Couch


    So Maybe This Affluenza Thing Really Was B.S. — Arrest Warrant Issued

    Probation was apparently too difficult for this delicate little snowflake.

    29 Comments / / Dec 16, 2015 at 9:55 AM
  • Judge Alex Kozinski

    Alex Kozinski, Death Penalty, Quote of the Day

    Judge Alex Kozinski Speaks His Mind — On National Television — About The Death Penalty

    Judge Kozinski poses the question on 60 Minutes: Should we bring back the guillotine or the firing squad?

    33 Comments / / Nov 30, 2015 at 11:57 AM
  • Jared Fogle (Photo by Jason Kempin/Getty Images)

    Morning Docket

    Morning Docket: 11.20.15

    * Jared Fogle, Subway’s former spokesman, pleaded guilty to federal charges related to sex with minors and child pornography, and was sentenced to more than 15 years in prison. His creative defense? Losing weight on the Subway diet made him choose to erm… “eat fresh.” Yuck. [Washington Post]

    * Biglaw firms have been announcing their new partnership classes over the past few weeks, and it goes without saying that the vast majority of new partners attended highly ranked law schools. Take a wild guess at which school was the most represented. [Big Law Business / Bloomberg BNA]

    * Per the latest report from the NALP, women and African-Americans continue to falter in their career progress at Biglaw firms. James Leipold says it’s “troubling” that the numbers are “reversing course.” We couldn’t agree more. [DealBook / New York Times]

    * UnitedHealth recently announced that it expects to suffer in terms of its insurance sales under the Affordable Care Act, and has gone so far as to threaten that it may pull out of the exchange. Here are five things you need to know about that. [WSJ Law Blog]

    * One of the members of Survivor filed a copyright infringement suit against Mike Huckabee’s presidential campaign after the song “Eye of the Tiger” was played during a rally held for Kentucky clerk Kim Davis. Now it’s stuck in your head. Welcome! [Reuters]

    39 Comments / / Nov 20, 2015 at 8:58 AM
  • kitty-genovese

    Morning Docket

    Morning Docket: 11.18.15

    * Everything’s bigger in Texas, including the lateral raids of lawyers from competing law firms. Wilson Elser just poached 11 litigators from Lewis Brisbois, including the firm’s regional managing partner, who now holds the same title at his new firm. Ride ’em, cowboy! [Houston Business Journal]

    * “I think almost 50 years of paying for those crimes is enough.” Winston Moseley, the man convicted of killing Kitty Genovese in an infamous case that came to define the meaning of bystander apathy, was recently denied parole for the eighteenth time. [AP]

    * We love an underdog story: On the topic of lateral moves, it seems like Greenberg Traurig has a habit of “cherry picking” top talent from higher-ranked law firms like Davis Polk, White & Case, and McDermott Will & Emery. [Big Law Business / Bloomberg BNA]

    * When it comes to the Securities and Exchange Commission’s in-house judges, Chairman Mary Jo White says that while its court system could be “modernize[d],” it’s still a fair process — for the SEC. The house usually wins in these proceedings. [WSJ Law Blog]

    * How old is too old to be a judge? Pennsylvania voters are going to be asked this question next year when a referendum on a proposed amendment to the state’s constitution to raise the judicial retirement age from 70 to 75 hits the ballot box. [Philadelphia Inquirer]

    48 Comments / / Nov 18, 2015 at 9:00 AM
  • stat image

    Politics, Prisons, Sentencing Law

    Stats Of The Week: A Stupid Policy Is Unpopular

    A growing consensus against mandatory minimum sentencing?

    18 Comments / / Nov 13, 2015 at 4:14 PM
  • No, you can't take pictures in that courtroom.

    Morning Docket

    Morning Docket: 11.11.15

    * A person of interest in the shooting of Texas Judge Julie Kocurek has been apprehended and arrested — not for the shooting, mind you, but for a completely unrelated crime. Judge Kocurek continues her steady recovery after being seriously injured not by a bullet, but by shrapnel and glass. [Austin American-Statesman]

    * Barnes & Thornburg partner Vincent “Trace” Schmeltz may be sanctioned for tweeting pictures that he took of the evidence that was presented during a trial. He claims he didn’t see the huge sign outside the courtroom prohibiting “photographing, recording or broadcasting.” [Chicago Tribune via ABA Journal]

    * Schneiderman, Schneiderman! Bans sports-betting wherever he can! New York Attorney General Eric Schneiderman issued a cease-and-desist order against DraftKings and FanDuel, saying the daily fantasy sites constituted illegal gambling. [New York Times]

    * Dentons finally formalized its merger with Dacheng Law Offices yesterday, thus making it the official largest law firm in the world. At 6,600 lawyers strong, just think about how many scandals we’ll be able to cover in 2016. [Big Law Business / Bloomberg BNA]

    * According to the Diversity & Flexibility Alliance, more women are being welcomed into the ranks of partnership at major firms. Out of 118 firms, women made up 34.4 percent of new partner classes. Let’s celebrate that less-than-50-percent benchmark! [WSJ Law Blog]

    * Fred Auston Wortman III, the Tennessee attorney who tried to murder his estranged wife, Staci, by lacing her toothpaste with poison, and later hired an inmate to do the deed after his plan failed, has been sentenced to 30 years in prison. [Commercial Appeal]

    * Here are three ways you can balance your law school applications with your college responsibilities, but to be honest, if you’re having trouble balancing these things, then perhaps you don’t belong in law school. [Law Admissions Lowdown / U.S. News]

    62 Comments / / Nov 11, 2015 at 8:57 AM
  • justice-handcuffs-e1372182679824-300x286

    Sentencing Law

    Criminally Yours: Is Sentencing Reform Really A Sea Change, Or Just A Drop In The Bucket?

    Putting these men in jail is not making society safer, but stripping whole generations of their dads, uncles, brothers, and sons, while at the same time leaving a very bad taste in the communities left behind.

    21 Comments / / Oct 26, 2015 at 2:35 PM
  • justice-handcuffs-e1372182679824-300x286

    Crime, Prisons, Sentencing Law

    Criminally Yours: The Prisoners Are Coming

    Let’s hope the follow-through on the sentence reductions will be as good as the build-up to it.

    12 Comments / / Oct 12, 2015 at 3:18 PM
  • Dewey LeBoeuf original sign New York

    Morning Docket

    Morning Docket: 10.07.15

    * Dewey know what Justice Robert Stolz will do now that the jury has declared itself deadlocked on most charges? Tune in later today. [American Lawyer]

    * A case brought by law student turned privacy activist Max Schrems has triggered a European court ruling that Facebook won’t “like.” [How Appealing]

    * King & Spalding associate Ethan Davis talks about how he prepared for his argument yesterday before the U.S. Supreme Court. [National Law Journal]

    * Thanks to sentencing reform, the Justice Department will release about 6,000 inmates from prison starting later this month. [New York Times]

    * Speaking of the DOJ, BP will settle Deepwater Horizon oil spill claims with the feds for a whopping $20 billion. [ABA Journal]

    * Elsewhere in news of embattled companies, Volkswagen is turning to Mayer Brown for help in dealing with the emissions scandal that stinks to high heaven. [American Lawyer]

    * 50 Cent’s malpractice suit against his ex-lawyers seeks 7.5 billion cents. [Law360]

    * When legal recruiters sue each other, things can get ugly — fast. [American Lawyer]

    16 Comments / / Oct 7, 2015 at 8:58 AM
  • Jennifer Herndon (Image via Missouri News Horizon/Flickr)

    Death Penalty, Sentencing Law

    When A Defense Attorney Feels Like She Enables An Executioner

    One defense lawyer has an extraordinary record — just not the kind that anyone with a capital conviction or charge against them wants to see.

    31 Comments / / Aug 31, 2015 at 4:46 PM
  • Grooms to be holding hands (photo by Tim Ryan Smith).

    Morning Docket

    Morning Docket: 08.27.15

    * Should town clerks opposed to gay marriage be required to issue licenses to all couples? The Sixth Circuit says…. [How Appealing]

    * John H. Ray III, the African American ex-associate at Ropes & Gray who claimed the elite firm discriminated against him, loses in court again, this time before the First Circuit. [National Law Journal]

    * Vester Lee Flanagan aka Bryce Williams, the Virginia television broadcaster who killed two colleagues on-air before killing himself, was also no stranger to the legal system: he filed multiple lawsuits alleging racial discrimination. [New York Times]

    * Why are in-house lawyers more likely than their non-attorney corporate colleagues to fall for phishing emails? [ABA Journal]

    * Dewey know when the prosecution will rest in this seemingly endless trial? Probably today. [Wall Street Journal]

    * State judges get nasty with each other in Oregon. [Oregonian]

    * Federal judges around the country are advocating for a second look at how defendants get sentenced. [New York Times]

    * The Dilly in Philly: Paul Clement v. Ted Olson. [Am Law Litigation Daily]

    * A T14 law graduate turned “traveling artist” gets charged with criminal sexual assault in Chicago. [Chicago Tribune]

    * Speaking of sexual assault laws, Emily Bazelon explains how the St. Paul’s Rape Case shows why these laws must change. [New York Times]

    * Update: convicted Colorado movie theater shooter James Holmes didn’t get just a life sentence, but 12 life sentences — plus 3,318 years on top of that. [CNN]

    * Linda Hirshman, author of the forthcoming book Sisters in Law: How Sandra Day O’Connor and Ruth Bader Ginsburg Went to the Supreme Court and Changed the World (affiliate link), explains how Justices O’Connor, Ginsburg, and Sotomayor brought wisdom to SCOTUS (but where’s the love for Justice Kagan?). [Slate via How Appealing]

    59 Comments / / Aug 27, 2015 at 9:14 AM
  • Jamyra Gallmon and David Messerschmitt

    Biglaw, Crime, Sentencing Law

    David Messerschmitt’s Murderer Gets Sentenced

    How long of a prison sentence did Jamyra Gallmon receive for the murder of DLA Piper associate David Messerschmitt?

    / Aug 21, 2015 at 1:48 PM
  • Shayna Hubers

    Murder, Sentencing Law

    Woman Who Murdered Lawyer Gets Stiff Sentence For Slaying

    How many years in prison was she sentenced to?

    29 Comments / / Aug 17, 2015 at 3:31 PM
  • Jay Z (Photo by Frederick M. Brown/Getty)

    Morning Docket

    Morning Docket: 08.17.15

    * This October, rappers Jay Z and Timbaland will have to testify in a lawsuit concerning copyright infringement and improper music sampling. We’ll see how “Big Pimpin'” they really are when we find out which lawyers and law firms are repping them. [Page Six / New York Post]

    * This judge apparently doesn’t appreciate fighting words in pleadings. “Do you want to fight me? Is that what you want?” A West Virginia magistrate judge challenged a litigant — one who previously called the magistrate a “fat sweaty slob” in motion papers — to come to his house and “see what happens.” [Charleston Gazette-Mail]

    * An ex-Texas judge was sentenced for his side job of smuggling guns into Mexico and selling them. He faced up to 70 years when he pleaded guilty to two felony counts in May, and was handed his 18-month sentence on Friday. Yeehaw! [Austin American-Statesman]

    * The Idaho College of Law will begin to host first-year law school classes at its Boise campus starting in 2017. The Boise campus now serves 1Ls, 2LS, and 3Ls, but not to worry, this flyover law school’s main campus isn’t going anywhere. [Idaho Statesman]

    * Julian Bond, civil rights icon, SPLC board member, former NAACP chair, RIP. [NYT]

    24 Comments / / Aug 17, 2015 at 8:59 AM