Criminal Law

Facing a criminal charge can be a stressful experience. Chances are, you’re living in the moment, and your are concerned about how it’s affecting your life in the here and now – not how it can […]

Last month the Court of Appeals held in In re J.A.D., 2022-NCCOA-259, that the findings in an adjudication order were deficient because they did not include an affirmative statement by the court, […]

A major snow storm on May 20? We’ve got one here. From the National Weather Service: URGENT – WINTER WEATHER MESSAGE National Weather Service Denver CO 650 PM MDT Fri May 20 2022 …LATE […]

This week, yet again, America mourns a mass shooting after a young white man attacked the Tops Food Market in Buffalo, New York, killing thirteen people, eleven of them Black, in what appears to be […]

This post summarizes published criminal decisions from the North Carolina Court of Appeals released on May 17, 2022. These summaries will be added to Smith’s Criminal Case Compendium, a free and […]

The Court of Appeals held earlier this month in In re Public Records Request to DHHS, 2022-COA-284, ___ N.C. App. ___ (May 3, 2022), that the State had no authority to initiate an action in superior […]

This post summarizes published criminal and related decisions released by the Fourth Circuit Court of Appeals during April 2022. Decisions that may be of interest to state practitioners are […]

Domestic violence is a crime that can happen to anyone at any time. It doesn’t matter what your age is, what your gender is, or even your sexual orientation – anyone can be a victim just like […]

The requirement to register as a sex offender is one of the penalties for being found guilty of certain crimes. You may not think it’s a big deal, but registration as a sex offender is taken very […]

As the PBS Newshour reports, this week the United States Department of the Interior released the first volume of an investigative report that examines the federal Indian boarding school system that […]

In Texas, it is not uncommon for judges to issue gag orders in high-profile criminal cases. But what exactly is a gag order and why are they necessary? In this article, we will discuss gag orders in […]

Most people are aware that the Constitution gives criminal suspects the right to remain silent or to refuse to speak to the police. When a suspect tells the police “I’m not saying anything” or […]

9th Circuit Court of Appeals recent holding that habeas corpus applicant was required to show prejudice for a Brady violation in order to sustain the application Ochoa was convicted in 1998 for a […]

This post summarizes published criminal law decisions from the North Carolina Supreme Court released on May 6, 2022. These summaries will be added to the School’s Criminal Case Compendium, a free […]

It’s too bad we can’t send him back to New Jersey. I can’t think of any Supreme Court Justice that TalkLeft argued against more at the time of his nomination. All to no avail. And now, we pay the […]

This post summarizes published criminal law decisions from the Court of Appeals of North Carolina released on May 3, 2022.  These summaries will be added to the School’s Criminal Case Compendium, […]

Never forgive, never forget. The media barely mentions the U.S. prison at Guantanamo Bay, Cuba or its detainees anymore, some of whom have been held for 20 years without trial. But the facility […]

The biggest legal story of the week was the surprise leak of a draft opinion for the U.S. Supreme Court written by Justice Samuel Alito that would overturn Roe v. Wade.  Politico broke the story and […]

Little did I know that after prosecuting three men for blackmailing former NBA All-Star Carmelo Anthony all the way back in 2004-2006 during my days as a Manhattan Assistant District Attorney, that […]

The war in the Ukraine continues. Johnny Depp’s Libel case against Amber Heard continues. The Karashian sisters won a laswuit against their former sister-in law who had sued them for defamation […]

I am an avid watcher of television legal dramas—although I can’t say whether that is because of or in spite of my profession. Even so, it is easy for me to pick up on the unrealistic portions of […]

The DEA’s Most Excellent Adventures in Africa took a huge hit this week. On April 25, 2022, President Joe Biden commuted the 20 year sentence of Russian pilot Konstantin Yaroshenko to time served so […]

Former left-wing radical, member of the Weatherman (aka Weather Underground), long-time fugitive, participant in a Black Liberation Army robbery that went terribly wrong, wife, mother and former […]

A cease and desist letter is the first step in the legal process to get another party to stop offensive or harassing behavior. Before drafting one, consider some of the ramifications, including the […]

DUI charges occur when someone operating a motor vehicle is accused of driving while under the influence of drugs or alcohol. Colorado law expands the definition of what it means to be accused of a […]

James Corden announced this will be his final year on CBS’ Late Late Show. It’s hard to believe he has been hosting for 7 years. He says he always intended the show to be an adventure and a journey, […]

Emmanuel Macron has been re-elected in France. The world should give a sigh of relief that French voters were rational enough to recognize the threat his uber right-wing challenger, Marine Le Pen, […]

As we noted earlier this month, many drug arrests start as traffic stops. In addition, a lot of drug arrests stem from encounters where the police stop an individual and eventually engage in a search […]

Colorado is known for a variety of things, chief among them the decriminalization of certain drug crimes over the last few years. However, simply because marijuana is legal – and some crimes have […]

Is Sarah Palin using her current run for Congress as a stepping stone to a repeat of her 2008 failed bid to catch John McCain’s Hail Mary Pass and become Vice-President under Donald Trump in 2024? […]

In Nebraska, allegations of child solicitation are serious. If someone accuses you of child solicitation or enticement, you can face charges under federal and state law. Omaha Attorney Tom Petersen […]

Yesterday, U.S. federal judge in Tampa, Kathryn Kimball Mizelle, appointed by Trump ruled the masks aren’t necessary on airlines. Then today: the Biden administration announced that the […]

Actor Johnny Depp will be taking the witness stand in his defamation suit against his ex-wife Amber Heard in about 15 minutes. You can watch live for free here or here. They are on lunch now and […]

In a recent opinion coming out of a Texas court, the defendant argued that a lower court had unreasonably denied his motion to suppress incriminating evidence. After considering the appeal, the […]

In Nebraska, a class 4 felony is one step above a misdemeanor. However, a class 4 felony can lead to prison and a lifetime loss of rights. Moreover, a class 4 felony conviction will carry the stigma […]

The issue in People v. Speck, a decision published on February 2, 2022, by the California Court of Appeal, Third Appellate District, was whether the trial court judge made a prejudicial error when […]

Child custody in Colorado and around the United States is a complicated matter. If a domestic violence charge enters the picture against one parent, then that can make things even more complex. […]

When we think about felony arson charges, it typically conjures up insurance scams and other wild schemes to defraud. However, real life is rarely as entertaining. For instance, a careless smoker can […]

Many drug “busts” by police officers start as traffic stops. While most are conducted within the bounds of the law, a substantial percentage of them are not. In those instances, the pulled-over […]

As we watch news reports from war zones like the Ukraine, I think too often we don’t stop to consider the sacrifices of the journalists who give us seats in the front row of history. As a stark […]

The Senate today confirmed the nomination of Justice Ketanji Brown Jackson to the United States Supreme Court. Hopefully, we will see that even one additional progressive voice on our nation’s […]

Colorado has a host of laws surrounding obscenity, one of which is a crime referred to as “promoting obscenity in a minor.” This sex crime often flies under the radar, but it’s a serious crime […]

There have been a lot of news stories last week and this week about Bruce Willis who has developed aphasia. Aphasia usually happens after a stroke but can be caused by other things. Language and […]

While everyone is both entitled and deserving of the presumption of innocence, when a man is charged with Sex Abuse and Endangering the Welfare of a Child, the assumption is that he did something […]

I’m more interested in the Grammys telecast tonight than I was in the Oscars. People already has 125 red carpet photos up. Variety has this list of (in their view) the best dressed of them. I […]

Crimes involving domestic violence are serious for everyone involved, but they can have a huge impact on the lives of those accused of this crime. Domestic violence laws in Colorado are strict and […]

Many people have been put into the position where they need to determine whether they should file a claim after a personal injury accident. Often, it can be difficult for the victim in an accident to […]

The law of self-defense has been in the news a lot lately… especially to our south. While cases in Maryland that involve arguments of self-defense may not grab as many headlines as those in other […]

It seems like every other day a new trend is emerging on Tik Tok.  Some of them are harmless.  Some of them are not.  One emerging trend is called the “Orbeez Challenge,” where children, […]

Over the past several years, a crime trend called “bank jugging” or “jugging” has grown in popularity in Texas. Jugging occurs when a suspect watches a bank or high-end store and then follows […]