Search Results for court

...Daniel J. O'Brien Abstract Federal habeas corpus challenges to state criminal convictions grew significantly between 1948 and 1996 when traditional de novo review was coupled with an expanding list of federal constitutional protections the Supreme Court made applicable to the states. The landscape...

...Benji McMurray © The Ohio State University Conceptualizing Change through Utah s Federal Mental Health Court We have met the enemy, and he is us1 In February 2008, the District of Utah, under the leadership of Magistrate Judge Brooke Wells, instituted the rst federal mental health court...

... © The Ohio State University Amended Brief of Amici Curiae, Hurst v. Florida, Supreme Court of Florida (excerpted) TIMOTHY LEE HURST, Appellant, v. STATE OF FLORIDA, Appellee. in the Supreme Court of Florida Case No. SC12-1947 Amended Brief of Amici Curiae Justice Harry Lee Anstead, Judge...

...Nora V. Demleitner © The Ohio State University EDITOR S OBSERVATIONS Where to Go from Here? The Roberts Court at the Crossroads of Sentencing NORA V. DEMLEITNER Vice Dean for Academic Affairs and Professor, Hofstra University School of Law; Managing Editor, Federal Sentencing Reporter...

...Michael H. Marcus © The Ohio State University Post-Booker Sentencing Issues for a Post-Booker Court Apprendi,1 Blakely,2 and Booker3 represent a foray into sentencing practices long immune from constitutional scrutiny. In 1949 Williams v. New York invoked the medical model of penology...

...Steven J. Twist © The Ohio State University Kenna v. District Court STEVEN J. TWIST* Attorney, Scottsdale, Arizona Patrick Kenna was a victim of Zvi Leichner s criminal fraud.1 Along with his father, Moshe, Zvi Leichner defrauded Patrick and scores of other victims out of tens of millions...

...Judge Matthew Jude D’Emic © The Ohio State University The Brooklyn Mental Health Court A Thousand Graduates Later JUDGE MATTHEW JUDE D EMIC I. Introduction In June 2019, I was invited to attend a notable conference on criminal justice reform held at Columbia Law School and sponsored...

...Nora V. Demleitner © The Ohio State University Will the Supreme Court Rein in Excessive Fines and Forfeitures? Don t Rely on Timbs v. Indiana NORA V. DEMLEITNER* Roy L. Steinheimer Jr. Professor of Law, Washington and Lee University Editor, Federal Sentencing Reporter I. Introduction The U.S...

...John S. Goldkamp; Michael D. White; Jennifer B. Robinson An Honest Chance: Perspectives on Drug Courts Findings From Drug Court Participant Focus Groups in Brooklyn, Las Vegas, Miami, Portland, San Bernardino, and Seattle April 2002 EditorÕs Note: In a recent issue, FSR publis hed a de bate...

...Frederick P. Hafetz © The Ohio State University The Virtual Extinction of Criminal Trials: A Lawyer s View from the Well of the Court FREDERICK P. HAFETZ* Partner, Hafetz & Necheles LLP, New York City A former federal prosecutor and long-time defense attorney laments the decline of trials...

...Jessica A. Roth Abstract This essay, for a symposium issue of the Federal Sentencing Reporter dedicated to the impact of Judge Jack Weinstein on the occasion of his retirement from the federal bench, highlights how Judge Weinstein has re-imagined the role of the district court judge. Through his...

...Carol S. Steiker; Jordan M. Steiker © The Ohio State University Graham Lets the Sun Shine In: The Supreme Court Opens a Window Between Two Formerly Walled-Off Approaches to Eighth Amendment Proportionality Challenges Two years ago, we wrote an article cautioning advocates of death penalty...

...Robert W. Pratt © The Ohio State University A Trial Judge on the Supreme Court When I was asked to write a short piece expressing whatever was on my mind regarding changes in the criminal law over the last two years, I could think of no better topic than my fascination with the recent arrival...

...James E. Baker © The Ohio State University Is Military Justice Sentencing on the March? Should it be? And if so, Where should it Head? Court-Martial Sentencing Process, Practice, and Issues JAMES E. BAKER* Chief Judge of the United States Court of Appeals for the Armed Forces Adjunct professor...

...Robert F. Holland © The Ohio State University Unique Procedural Aspects of Court-Martial Sentencing by Jury I. Introduction Many Americans do not realize the impact that courtsmartial have in the overall scope of the criminal justice system in the United States. Both the number...

...Susanne Walther © The Ohio State University Victims Rights in the German Court System The German criminal justice system is characterized by specific features that must be understood before we can properly appreciate the situation of the victim. The first of these principles is the principle...

...Myrna S. Raeder © The Ohio State University Domestic Violence in Federal Court: Abused Women as Victims, Survivors, and Offenders While domestic violence cases1 typically are found in state courts, a small but growing number of federal cases involve male batterers and abused women. Although...

...James Felman © The Ohio State University How Should the Congress Respond if the Supreme Court Strikes Down the Federal Sentencing Guidelines? I. Introduction What are the options? On the assumption that the Supreme Court in Booker1 and Fanfan2 holds that the guideline maximum is the relevant...

...Jon M. Sands; Jane L. McClellan © The Ohio State University Commentary: Policy Meets Practice: Why Tribal Court Convictions should not be Counted Professor Kevin Washburn s article, Reconsidering the Commission s Treatment of Tribal Courts, raises the issue of counting tribal convictions...

...William C. Canby, Jr. © The Ohio State University Commentary: Treatment of Tribal Court Convictions WILLIAM C. CANBY, JR. Senior Circuit Judge, United States Court of Appeals for the Ninth Circuit. The views expressed here are personal views of the author, and do not purport to represent...