steiner

The Case of Christie Steiner

When Richard developed lung cancer from exposure to asbestos while on the job, neither he or his wife, Christie, thought their case would make it to the Supreme Court. The Steiners filed a lawsuit citing personal injury against the Volkswagen Group of America, Ford Motor Company and others. Volkswagen moved early in the hearings to more »

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stand your ground

Stand Your Ground/Defense of Justification Laws

According to recent findings from the ABA National Task Force on Stand Your Ground Laws, the task force found that states which have some type of stand your ground law have an increase of 8% in homicide rates and that these laws are biased towards racial minorities. There also appears to be widespread confusion among more »

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economic crime penalties

Economic Crime Penalties Under Consideration for Revision

The U.S. Sentencing Commission is considering revising the fairness of economic crime penalties while working with Congress to reduce the severity of minimum mandatory penalties. While defense attorneys are recommending reduced sentences for white collar crimes, some judges are critical of the sentencing guidelines believing they are too low for certain economic crimes. Right now, more »

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Deferred Prosecution Agreements: A View From the Trenches and a Proposal for Reform

Deferred and nonprosecution agreements are the Department of Justice’s (“DOJ”) new weapons of choice for “reforming” corporations.1 Rather than risk the severe collateral consequences that accompany an indictment and conviction,2 companies now are offered the opportunity to cooperate, pay massive fines, commit to elaborate undertakings, and remain under probation-like supervision for some period of time more »

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deathpenalty

Death Penalty Splits Senate

Two state senators from southeast Iowa are hoping a death penalty amendment won’t stop lawmakers from passing a tougher sex offender bill this year. State Sens. Tom Courtney, D–Burlington, and Gene Fraise, D–Fort Madison, are hoping lawmakers will vote on the sex offender bill without getting caught up in politics over getting the death penalty more »

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car jack car jacking criminal defense

Brooklyn Carjacker’s Excessive Sentence Reassessed

A Brooklyn Federal Judge John Gleeson has successfully lobbied U.S. Attorney Loretta Lynch to take another look at a Queen’s carjacking case involving a man by the name of Holloway who was sentenced in 1995 to 57 years in prison. Thanks to Judge Gleeson, Holloway will likely be freed in nine months according to his more »

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sixth amendment rights

Defendant Lawyers Complain that Recorded Phones Calls at Jails Violate Defendant’s Sixth Amendment Rights

Attorneys in Florida, Minnesota, New York, Pennsylvania, Tennessee and now Texas have been complaining that their phone calls with their jailed clients are being recorded by law enforcement. A Texas lawyer has filed an amended class action complaint stating that this practice violates a defendant’s 6th Amendment constitutional rights. The Sixth Amendment guarantees criminal defendants more »

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court cases sealed

When Can You Get a New York Criminal Conviction Sealed?

If you have ever been convicted of a crime in New York, you know that it may be more difficult to find employment or get government assistance or housing. However, there may be some options for you such as getting your criminal record sealed. Requirements to Get Case Sealed In order to qualify to get more »

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predictive data

Predictive Data and Judge’s Sentencing Patterns

Attorney General Holder spoke to the National Association of Criminal Defense Attorneys in a meeting in Philadelphia on Friday August 1 regarding his opinions on judges sentencing low level non-violent offenders based upon risk assessments. Holder believes that judges should not base sentencing guidelines for offenders on risk assessments of whether someone’s educational or socioeconomic more »

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criminal trespass and burglary

Criminal Trespass or Burglary Crimes

Two thieves broke into an upper West side apart on the 17th floor of the building on West Avenue near West 10th Street July 12, 2014, by being able to get past a doorman. The two suspects broke into the apartment of a 26 year old woman and her 31 year old boyfriend. When a more »

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