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Due Process & Criminal Defense
Fair trials, counsel rights, evidence standards, and wrongful convictions.
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Latest in Due Process & Criminal Defense
The Prosecutor’s Dilemma
17+ hour, 38+ min ago (638+ words) “That it is better 100 guilty persons should escape, than that one innocent person should suffer.” — Benjamin Franklin (1706-1790) The hardest decision a government prosecutor may ever face is also one of the most important tests of the rule of law: What…...
Audit: Minnesota public defenders shoulder high caseloads — even by 30-year-old standards
4+ hour, 49+ min ago (642+ words) ST. PAUL — Minnesota public defenders are struggling under heavy caseloads to fulfill their constitutional obligation to represent every person accused of a crime who can’t afford a lawyer, according to a report from the Office of the Legislative Auditor released…...
Sexual Assault and the Underappreciated Role of Civil Litigators
1+ week, 1+ day ago (187+ words) For 12 years, I prosecuted criminal cases in Philadelphia, including sexual assaults. I believed deeply in that work. I still do. "The continuous failure at every level where intervention could have prevented this assault is why this case achieved the result…...
Ex-public defender assistant arrested on charges of impersonating lawyer
16+ hour, 10+ min ago (121+ words) October 7, 2026, 9:56 am CDT A former legal assistant in the Ninth Circuit public defender’s office in Charleston, South Carolina, was arrested Monday for allegedly impersonating an attorney. (Image from Shutterstock) The Post and Courier has the story via Yahoo News. Although…...
Oregon Supreme Court rebukes attorney who didn’t seek mistrial for man shackled outside courtroom
2+ day, 8+ hour ago (523+ words) Published 4:16 pm Monday, October 5, 2026 The Oregon Supreme Court ruled that an attorney representing a Multnomah County man whom jurors saw shackled outside of a courtroom during his criminal trial should have sought a mistrial, expanding defendants’ right to not be…...
Cornell 7 Case Might Face Same Jury Bias Problem Seen in Depp-Heard Trial, Expert Says
21+ hour, 53+ min ago (517+ words) Experts discussed concerns surrounding jury bias and the Cornell 7 case. Oct. 7 2026, Published 6:02 a.m. ET The Cornell 7 case might face the same jury bias problem seen during the Johnny Depp and Amber Heard trial. An expert said this as online reactions continue…...
North Texas pastor who self-deported could return to U.S. sooner than thought after change in visa policy
23+ hour, 16+ min ago (410+ words) January 19, 2026 / 5:28 PM CST / CBS Texas The Gordon pastor who was forced to self-deport with his family last year because of an immigration policy will be returning a lot sooner than expected, thanks to an about-face in that policy. Pastor Albert…...
A Sworn Witness Now Contradicts a Key Finding in the Bernacchi Discipline Case. Can Indiana Reopen It?
2+ week, 5+ day ago (1654+ words) INDIANAPOLIS — The October 16, 2017 order was for “not less than one year, without automatic reinstatement,” effective November 27, 2017. But this September, a signed and notarized affidavit from Mario Sims obtained by HE has reopened a question that has never fully gone away:…...
Criminal Defense Clinic: Case Dismissed by DA After Criminal Defense Clinic Raises Constitutional Challenge
1+ day, 26+ min ago (298+ words) CASE DISMISSED BY DA AFTER CRIMINAL DEFENSE CLINIC RAISES CONSTITUTIONAL CHALLENGE Madison Irene and Emily Bruell represented a 23-year-old man who was the lawful owner of a properly registered firearm. […] CASE DISMISSED BY DA AFTER CRIMINAL DEFENSE CLINIC RAISES CONSTITUTIONAL…...
Why the Cornell civil case matters
1+ week, 7+ hour ago (312+ words) I haven’t been sleeping well since I read Jane Doe’s 101-page civil complaint about what she says happened in 2024, filed Sept. 14 in New York County Supreme Court. For most of my life, I believed that civil lawsuits too often traded…...