Criminal Law

in the grand scheme of reviled Supreme Court justices, William Rehnquist was no Roger Taney. But it was bad enough to be Rehnquist that he didn’t have to be. And so there’s a natural inclination […]

An article in today’s Wall Street Journal notes that California has spent $17 billion on programs to end homelessness and the problem has only gotten worse.  California is home to more than […]

Andrew McCarthy has this article in National Review on the Daniel Penny case. I do not always agree with him, but his take is always interesting. An extended excerpt from the article follows: In […]

The General Assembly is working hard to fashion a budget for the upcoming biennium, but in the meantime, legislators are conducting other business. Of interest to this audience, H347, a bill that […]

Greetings, dear readers of Simple Justice! Today, I want to delve into a fascinating story of a hoax that rocked the world of parapsychology and exposed the charlatans who peddled their wares as […]

When Stanford law school’s DEI dean, Tirien Steinbach, took to the mic to stand up for the students who silenced invited speaker Judge Kyle Duncan, she was suspended from her position and roundly […]

Last April, the North Carolina Supreme Court decided two significant cases involving claims that prosecutors impermissibly exercised peremptory challenges against prospective black jurors based on […]

Sure, I was being a bit tongue-and-cheek with the title to this blog entry, but the more I read about the Clean Slate Act (A. 1029A and S.211), a potential law that will automatically seal all […]

The Illinois Supreme Court has created a Committee on Equality, with six subcommittees, for the purpose of “bringing equality and facilitating trust in the court system.” While it’s unclear why […]

The City Journal has a special issue titled Can California Be Golden Again? The issue describes, as Michael Shellenberger puts it, how “ruinous policies have transformed California from a symbol of […]

The Fourth and Fourteenth Amendments to the U.S. Constitution protect Americans and Texans from unreasonable searches and seizures performed in the course of a criminal investigation. Generally, […]

We’ve held debates here, most notably between two of our former Fault Lines debating rivals, Chris Seaton and Mario Machado. And the rules are pretty much there are no rules. They agree upon a […]

The Use of Wireless Devices statute – which governs the use of cell phones while driving – has undergone another revision. And it comes just four short years since its most recent revision, […]

From the post-pandemic spike in murder in 2020-21, murders are down last year and this year. Did you know that, or did you feel that murders are out of control? The old adage, “if it bleeds, it […]

“We have come to dedicate a portion of that field as a final resting place for those who here gave their lives that that nation might live. It is altogether fitting and proper that we should do […]

I wrote a short post about Memorial Day in 2007 that remains relevant today. Despite my apparent cynicism, Memorial Day has always meant something to me.  Having grown up in the house of a WWII […]

Somebody got the idea to put “Hi Mom” in tape on the top of their mortar board, and everybody thought it was sweet, funny and acceptable. Before that, nobody questioned that students at […]

For years, decades really, I’ve explained and argued why most “new big things” in legal tech are either not going to work or fill a need that doesn’t exist. Legal tech guys really hated me […]

There have been some bumps in the road in the rollout of eCourts, the new electronic platform the court system is using in a handful of pilot counties for filing and case management. Now WRAL reports […]

Taylor Jefferson, a second grade teacher at Bear Bryant Elementary, sat at his desk grading end-of-year papers for his students’ final report cards of the term. As he finished the stack, his desk […]

Over a period of 10 months, Edgar Sandoval Catarino sexually abused his 9-year old cousin on multiple occasions.  He was charged with 8 counts of forcible lewd acts on a child under the age of 14 […]

Twenty five years ago, North Carolina adopted graduated licensing for young drivers, a system founded on the principle that “[s]afe driving requires instruction in driving and experience.” G.S. […]

The question of racial bias in police traffic stops is a highly debated issue. Some analyses have shown that certain racial or ethnic groups are disproportionately represented in traffic stops, […]

A Los Angeles County Superior Court Judge ruled last week that arrestees for non-violent felonies and misdemeanors must be released without bail.  CBS affiliate KCAL reports that Judge Lawrence Riff […]

Understanding the laws related to weapons possession and concealed carry is crucial for residents of Colorado. Exploring the legal framework, requirements, and restrictions, individuals can navigate […]

The U.S. Supreme Court has been issuing opinions only on Thursdays this month, with only orders lists on Mondays. That is a departure from past practice. The court issued three opinions today. It was […]

Legendary singer and performer Tina Turner died this week at age 83. If you haven’t seen the movie “Tina”, I highly recommend it. It’s available on streaming services. There are a million […]

Many, perhaps most, law enforcement officers in North Carolina are at will employees. As the saying goes, they may be fired for any reason or for no reason. But when such an officer is fired for […]

Last Friday, Missouri Gov. Mike Parson appointed Gabriel Gore as Circuit Attorney for St. Louis, replacing Kimberly Gardner, who resigned abruptly. Mr. Gore is a former Assistant U.S. Attorney, […]

The current news seems to be full of reports of threats against schools. A search of the WRAL website for stories on school threats reveals at least five discrete stories on threats against North […]

In a surprising move announced Friday, progressive Los Angeles District Attorney George Gascon’s office will be charging the three Chicago gang members arrested for the murders of three women in […]

A Wake County couple was arrested last week on animal cruelty charges for poisoning three dogs belonging to a neighbor. Ironically, the husband was a donor and board member of a local dog rescue. The […]

Racial bias continues to be a significant issue within the criminal justice system, including in Colorado. The impact of racial bias on criminal cases can lead to unequal treatment, unfair outcomes, […]

Soon, Nebraska will be the 26th state in the U.S. to allow the constitutional carry of a firearm. As a result, Nebraska law created a right to carry a concealed firearm without governmental […]

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on May 16, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a free and […]

A criminal record can create issues throughout your life. It’s a high price to pay for a mistake; you may have trouble finding a job or even a place to live. Remember, your criminal record shows […]

This post summarizes published criminal and related decisions released by the Fourth Circuit Court of Appeals during April 2023. Cases that may be of interest to state practitioners are summarized […]

Sexual assault is a serious crime that carries severe penalties under Colorado law. However, defending against charges of sexual assault in the era of #MeToo can be even more challenging. The #MeToo […]

The mental health diversion statute (Penal Code section 1001.36) was amended in the 2021-2022 Legislative Session to encourage the courts to make use of mental health diversion.  The amended law […]

You are hanging out in a park with a couple of friends. Two police officers show up and ask you and your friends what you are doing in the park. You walk away, which is within your rights.  If you […]

A decade ago, I wrote a post about the circumstances under which police may stop a person who is carrying a gun openly. A lot has changed since then. The Supreme Court has strengthened the Second […]

What is a No Contact Order in Nebraska? For the average person, being arrested and charged with a crime for the first time is a fairly frightening event. Along with worrying about the ultimate […]

Often, this blog focuses on some sort of success for an accused person, like getting crucial evidence suppressed because the search that yielded it was unconstitutional. Sometimes, though, matters […]

The United States Constitution protects Texans accused of crimes from being required to give any statement that could incriminate them. Under the Supreme Court precedent set by the case of Miranda v. […]

The jury did not find E. Jean Carroll proved Donald Trump raped her. The jury, in returning its verdict shortly after 3 p.m. said Ms. Carroll had not proved, by a preponderance of the evidence, […]

No matter what side you find yourself in terms of whether Jordan Neely’s homicide at the hands of Daniel Penny on a Manhattan subway was the result of a lawful response to an imminent threat, a […]

Here’s a new open thread, all topics welcome.

I’m catching up on the latest news and rumors about “Los Chapitos”, who I think are victims of the DEA and Justice Department’s latest smear campaign, intended to prejudice a future jury in the event […]

Today was the big day for Prince Charles, to be known hereafter as King Charles, III. What struck you from the procession video? For me, it was how they placed Harry on the sidelines, with the […]

The Colorado Three-Strikes Law is a controversial legislation that has been in effect since the 1990s. The law mandates that individuals convicted of three or more felonies must receive a life […]