Motions

Black teen, turkey in hand four days before Christmas, gets stopped and frisked by Milwaukee cops Justin Schwarzhuber and Jasen Rydzewski—waiting to see if any “new fresh robberies [had] come over” the radio. Teen is unarmed, cooperative, and still held for 20 minutes with no charges, no paperwork, and zero explanation. Teen: Fourth Amendment violation! District court: qualified immunity, case dismissed. 7th Circuit: Totally uncool.

The U.S. Supreme Court struggled during oral arguments Wednesday over whether its landmark Miranda ruling allows criminal suspects to file civil suits against police officers who don't warn them of their rights against self-incrimination.

Detroit man spends more than 20 years in prison for a 12-year-old girl's murder—a crime he did not commit. Indeed, another man's fingerprints are on the murder weapon, and the defendant's confession (which got the cause of death wrong) followed a detective's telling him he could go home after signing it. Once he's released, he sues the city and involved officials who, as you might expect, assert qualified immunity.

Eight years after the Supreme Court blocked his execution so that it could consider a challenge to Oklahoma’s lethal-injection protocol, the justices agreed on Monday to take up the case of Richard Glossip, who is seeking to set aside his conviction and death sentence (view full article).

Man is convicted of sex crimes in Indian country against an Indian victim under statute that applies if either the perpetrator or victim is an Indian—but does not apply if both are. Man: The feds didn't show I am not an Indian. Feds: That's your fault for not objecting to the jury instructions. Tenth Circuit: That's your fault for not proving an essential element of the crime. Convictions reversed.

The case is United States v. Simpkins, No. 22-7048 (10th Cir. Jan. 24, 2024).

The Second Circuit referred a New York attorney for punishment Tuesday for submitting a brief citing a fake case generated by ChatGPT and not checking over the brief to catch the mistake (view full article)

The lawyer was referred to the Second Circuit's grievance panel.

“Black drivers have a problem in Richmond, Virginia. Richmond Police Department (‘RPD’) officers stop Black drivers five times more frequently than white drivers.” 

These are the opening lines in United States v. Kieth Moore, No. 3:21-cr-00042 (E.D.V.A. Feb. 12, 2024), dismissing an indictment for felon-in-possession of a firearm after finding that Mr. Moore had proven selective prosecution involving RPD traffic stops. 

As we commemorate Black History Month, it is crucial to reflect on landmark legal cases that have significantly contributed to the ongoing struggle for racial justice. One such pivotal case is Batson v. Kentucky.

At James K. Batson's 1982 state-court trial for burglary and receiving stolen property, the prosecution used “peremptory strikes” to remove four possible jurors who, like Batson, were black. The resulting all-white jury convicted Batson; he received a 20-year sentence.

The use of artificial intelligence (AI) in law enforcement investigations continues to put innocent people, especially innocent people of color, at risk of wrongful arrest. Artificial intelligence technologies are being developed and implemented by law enforcement agencies across the country. Police increasingly use AI tools to surveille communities, investigate crimes, and collect large amounts of data related their targets. However, with this increased use of AI in policing, comes a growing number of innocent people being wrongfully arrested.

For 60 years, the Criminal Justice Act (CJA) has ensured that people who cannot afford to retain an attorney in federal criminal cases receive professional legal counsel at no cost.