I’ve heard about this controversy for some time and, honestly, have given it very little thought. Recently, however, I read an article in the Arkansas Times, “Kid Gloves,” which caused me to consider the issues raised and, eventually, dismiss them. To read the Arkansas Times article, click here. The following is a summary of why [...]
Archive for the ‘Criminal Law’ Category
In Focus: The potential conflict of interest relating to Judge Willard Proctor and Cycle Breakers.
Posted in Constitutional Law, Criminal Law, Ethics, In Focus on February 15, 2009 | 2 Comments »
California ordered to release 57,000 prisoners because of overcrowding and lack of medical care.
Posted in Constitutional Law, Criminal Law on February 10, 2009 | 2 Comments »
For a full account of this story, click here.
In Focus: Arkansas’s new animal cruelty law.
Posted in Animal Law, Criminal Law, Legislation on February 6, 2009 | Leave a Comment »
The stated purpose of the Act is to change animal cruelty from a misdemeanor to a felony. However, animal cruelty (mistreatment, killing, abandonment, etc.) is still only a misdemeanor. Ark. Code Ann. 5-62-101. Aggravated animal cruelty (torture) is now a Class D felony. Ark. Code Ann. 5-62-104. The Act changes the prohibition against dog fighting [...]
Find out how to survive a bond hearing.
Posted in Criminal Law on February 5, 2009 | Leave a Comment »
For a well-written article by Justin Eisele about bond hearing procedures, click here.
Second Circuit upholds New York’s ban on nunchucks.
Posted in Constitutional Law, Criminal Law on January 28, 2009 | Leave a Comment »
Maloney v. Cuomo, No. 07-0581-cv. The Second Circuit Court of Appeals holds that the ban does not violate the Second Amendment of the Federal Constitution. This ruling is interesting when compared to Arkansas, where Arkansans are seeking an “open carry” statute. To see the petition, click here.
Wiccan inmate cannot have tarot cards in his cell according to the Eighth Circuit.
Posted in Constitutional Law, Criminal Law on January 28, 2009 | 2 Comments »
Singson v. Norris, No. 08-1570. Plaintiff sued the Arkansas Department of Corrections (“ADC”), claiming that the restriction upon tarot cards violated his rights under the Religious Land Use and Institutionalized Persons Act (“RLUIPA”). While in prison, plaintiff must check out tarot cards from a chaplain. An ADC expert testified that the policy prevented (1) gambling, [...]
Executions on hold in Missouri because current procedure was not adopted as an “official rule.”
Posted in Constitutional Law, Criminal Law on January 26, 2009 | Leave a Comment »
Missouri has not held any executions since 2005 because of this problem. For a full account, see here.
Eighth Circuit requires Atkins hearing for a death-row inmate who claims to be mentally retarded.
Posted in Constitutional Law, Criminal Law on January 23, 2009 | 2 Comments »
Sasser v. Norris, No. 07-2385. Andrew Sasser was convicted of murdering Jo Ann Kennedy and sentenced to death. His conviction and sentence was affirmed by the Arkansas Supreme Court. In 2002, the United States Supreme Court held that the execution of a mentally retarded person is cruel and unusual punishment under the Eighth Amendment in [...]
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