- Was Rehnquist A Segregationist?by SHG on June 3, 2023 at 10:36 am
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 […]
- Taking a Bite Out of Homelessnessby Michael Rushford on June 2, 2023 at 6:30 pm
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 on the Daniel Penny Caseby Kent Scheidegger on June 2, 2023 at 6:18 pm
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 […]
- News Roundupby Jeff Welty on June 2, 2023 at 1:23 pm
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 […]
- Seaton: Project Alpha (Or My All-Time Favorite Con)by Chris Seaton on June 2, 2023 at 10:05 am
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 […]
- DEI, Inc.by SHG on June 2, 2023 at 10:03 am
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 […]
- Recent Batson Rulings from the North Carolina Supreme Courtby Shea Denning on June 1, 2023 at 9:47 pm
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 […]
- Damned the Abused Mother of Three, but to Your Abuser, with the Clean Slate Act, New York…by Jeremy Saland on June 1, 2023 at 6:00 pm
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 […]
- Pronouns By Committeeby SHG on June 1, 2023 at 10:29 am
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 […]
- Homelessness and Crime in Californiaby Kent Scheidegger on May 31, 2023 at 5:15 pm
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 […]
- Drug Possession Conviction Affirmed Despite Finding of Illegal Searchby Robert Guest on May 31, 2023 at 12:56 pm
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, […]
- The First Rule of Debate Clubby SHG on May 31, 2023 at 11:02 am
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 […]
- Minnesota’s Texting While Driving Law is Revised Again – 2023by James Gempeler on May 31, 2023 at 3:06 am
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, […]
- The Unnoticed Murdersby SHG on May 30, 2023 at 10:29 am
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 […]
- The Last Full Measure of Devotionby Kent Scheidegger on May 29, 2023 at 5:32 pm
“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 […]
- Memorial Day 2023by SHG on May 29, 2023 at 10:25 am
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 […]
- Beyond The Gownby SHG on May 28, 2023 at 11:27 am
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 […]
- A “Reliable” Sourceby SHG on May 27, 2023 at 10:58 am
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 […]
- News Roundupby Jeff Welty on May 26, 2023 at 1:03 pm
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 […]
- Seaton: The Parent-Teacher Conferenceby SHG on May 26, 2023 at 10:21 am
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 […]
- Judicial Factfinding, Multiple Sex Offense Convictions and Consecutive Sentencesby Kym Stapleton on May 25, 2023 at 11:18 pm
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 […]
- General Assembly Loosens Requirements for Teen Licensureby Shea Denning on May 25, 2023 at 10:25 pm
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. […]
- PA state police data shows no racial profiling in traffic stops: Studyby Elizabeth Berger on May 25, 2023 at 7:35 pm
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, […]
- Judge Cancels Bail in Los Angelesby Michael Rushford on May 25, 2023 at 5:54 pm
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 […]
- Exploring Colorado’s Laws on Weapons Possession and Concealed Carryby Jacob E. Martinez on May 25, 2023 at 3:37 pm
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 […]
- SCOTUS Thursdayby Kent Scheidegger on May 25, 2023 at 2:19 pm
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 […]
- R.I.P. Tina Turner and Open Threadby Jeralyn on May 25, 2023 at 6:20 am
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 […]
- When a Law Enforcement Officer Is Fired, Is He or She Entitled to a Name Clearing Hearing?by Jeff Welty on May 24, 2023 at 8:39 pm
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 […]
- New Circuit Attorney in St. Louisby Kent Scheidegger on May 24, 2023 at 8:05 pm
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, […]
- School Threat Assessmentby Jacquelyn Greene on May 23, 2023 at 12:40 pm
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 […]
- The Law According to King Georgeby Michael Rushford on May 22, 2023 at 7:00 pm
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 […]
- News Roundupby Brittany Bromell on May 19, 2023 at 10:00 am
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 […]
- How Racial Bias Can Affect Criminal Cases in Colorado and What Can Be Done About Itby Jacob E. Martinez on May 18, 2023 at 8:54 pm
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, […]
- Who Is Prohibited from Possessing a Firearm in Nebraska?by Tom Petersen on May 18, 2023 at 3:44 pm
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 […]
- Case Summaries: N.C. Court of Appeals (May 16, 2023)by Alex Phipps on May 18, 2023 at 2:04 pm
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 […]
- What Is a Sealed Record?by The Law Office of Greg Tsioros on May 17, 2023 at 9:56 pm
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 […]
- Case Summaries: Fourth Circuit Court of Appeals (April 2023)by Phil Dixon on May 16, 2023 at 7:57 pm
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 […]
- Defending Against Charges of Sexual Assault In The Era of #MeToo: Tips For Colorado Defendantsby Jacob E. Martinez on May 16, 2023 at 7:33 pm
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 […]
- AMENDED MENTAL HEALTH DIVERSION LAW SHOULD RESULT IN MORE MENTAL HEALTH DIVERSION ORDERSby William Weinberg on May 15, 2023 at 11:00 pm
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 […]
- Investigatory Stopsby William Weinberg on May 15, 2023 at 10:52 pm
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 […]
- Open Carry and Reasonable Suspicionby Jeff Welty on May 15, 2023 at 7:56 pm
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 […]
- Understanding a No Contact Orderby Tom Petersen on May 15, 2023 at 2:00 pm
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 […]
- The Appeals Court of Maryland Criticizes Both Prosecutors and Defense Counsel in an Assault Case…by Anthony A. Fatemi, LLC on May 11, 2023 at 9:32 pm
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 […]
- Texas Appeals Court Rejects Defendant’s Miranda Claimby Robert Guest on May 10, 2023 at 5:55 pm
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. […]
- Trump Loses to E. Jean Carroll, Not a Home Runby Jeralyn on May 9, 2023 at 9:15 pm
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, […]
- Breaking Down the Manhattan DA Investigation into Jordan Neely’s Homicide & Potential Charges…by Jeremy Saland on May 8, 2023 at 5:44 pm
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 […]
- Sunday Open Threadby Jeralyn on May 7, 2023 at 11:21 am
Here’s a new open thread, all topics welcome.
- “Los Chapitos” Deny Their Involvement With Fentanylby Jeralyn on May 6, 2023 at 11:20 pm
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 […]
- Pomp and Circumstance: Coronation of King Charles, IIIby Jeralyn on May 6, 2023 at 9:24 pm
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 […]
- Colorado’s Controversial Three-Strikes Law: How It Could Affect Your Futureby Jacob E. Martinez on May 5, 2023 at 2:37 pm
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 […]