Supreme Court Preview

The United States Supreme Court starts its Term each year on the first Monday in October. This year’s Term begins next Monday, October 5! The Court will start off with three straight days of oral argument. (The calendar of cases to be hear the first week is here.) More arguments will follow the next week, … Read more

Extending Probation

How long can a defendant be on probation for a single conviction? A.      Five years. B.      Eight years. C.      It depends. The best answer is C. A judge can sentence any defendant (community or intermediate, misdemeanant or felon) to probation for up to five years on a finding that a period longer than the statutory … Read more

Judicial Recusal

My colleague Michael Crowell recently published a paper on judicial recusal, available here as a free download. It includes a discussion of the Supreme Court’s recent decision in Caperton v. A.T. Massey Coal Company, about which I previously blogged here and here. But it goes far beyond that, of course, providing a terrific primer on … Read more

Are Judges Underpaid?

Stephen Larson, a federal district judge in California, resigned recently, citing his low salary. (District judges make $169,300 per year.) This has resulted in a robust discussion of whether federal judges are underpaid. Various opinions on the issue are available here, here, and here. Although I don’t have any special expertise in compensation issues, two … Read more

Notice, Drinking, and Intensive Probation

Back in July the court of appeals decided State v. Hubbard, a probation revocation case that I mentioned in passing but never really discussed in depth. In Hubbard the defendant’s probation officer filed a violation report alleging that Mr. Hubbard violated probation by being “so drunk that he could hardly walk” during a curfew check. … Read more

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Keep Your Eyes on the Road, Your Hands Upon the Wheel

I blogged here about a new law, that prohibits texting while driving effective December 1, 2009. Texting while driving is an infraction, a non-criminal violation of the law, punishable by a $100 fine and costs of court. As one blog-reader noted, there are significant questions about how law enforcement officers will enforce the new law, … Read more

Computer Searches and Plain View

Computers and electronic storage media can hold massive quantities of data. At approximately 30,000 pages per gigabyte, a low-end laptop computer with a 250 gigabyte hard drive can store the equivalent of more than 7 million pages of paper. That’s thousands of bankers’ boxes worth, or as many pages as you’d find at a branch … Read more