On Wednesday, the Justice Department announced it is planning to drop investigations into nearly two dozen police departments accused of civil rights violations. These include departments in Memphis, TN, Pheonix, AZ, Oklahoma City, OK, Trenton, NJ, Mount Vernon, NY, and the Louisiana State Police. The Department also announced it will drop consent decrees setting requirements for police training and establishing outside monitoring reached after incidents of police violence in Minneapolis, MN and Louisville, KY. The head of the Department’s civil rights division, Harmeet K. Dhillon, said the Department is reviewing consent decrees and federal oversight arrangements in place with nearly a dozen other cities to determine if they should be abandoned as well. This is following an executive order signed last month directing Attorney General Pam Bondi to review all federal consent decrees and to “modify, rescind, or move to conclude” them within 60 days. Read on for more criminal law news.
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The Alabama Governor signed legislation on Tuesday, establishing a new shark alert system that warns beachgoers when a shark has bitten someone in the vicinity. The system will issue a public notice to cellphones along the Alabama coast when there’s been a shark attack nearby. The law, named the “Lulu Gribbin Shark Alert System Act,” was inspired by a teenager who was one of three people bitten by a shark during a string of attacks last year. She lost her left hand and a portion of her right leg in the attack.
The Alabama Department of Conservation and Natural Resources will create rules for the new alert system. Read on for more news.
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The top national story this week is that the Supreme Court just heard oral argument in a case involving a shocking error by law enforcement. In 2017, an FBI SWAT team smashed its way into an Atlanta home and discharged a flashbang grenade in a pre-dawn raid. I believe the technical term for what happened is that they scared the bejeezus out of the couple and young child who were sleeping there . . . only to find out that they had entered the wrong residence. The warrant authorizing the intrusion was for 3741 Landau Lane, but they had entered 3756 Denville Trace. The residents sued under the Federal Tort Claims Act, the government contended that something called the “discretionary function exception” barred recovery, and lower courts ruled for the government. The Supreme Court granted review and heard arguments this week. According to SCOTUSblog, the Court “was sympathetic” to the residents but the outcome of the case remains unclear. Read on for more news.
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On Wednesday, the U.S. Supreme Court upheld a federal regulation requiring, among other things, that those who make or sell “ghost guns” or “gun kits” must mark their products with serial numbers, keep records of their sales, and conduct background checks on buyers. The regulation, first enacted in 2022 by the Bureau of Alcohol, Tobacco, Firearms, and Explosives came in response to a sharp increase in the number of unmarked guns being found at crime scenes around the country, from about 1,600 in 2017 to 19,000 in 2021. Gun manufacturers opposed the Biden-era regulation, arguing that multiple gun parts is not a gun. Writing for the majority in Bondi v. VanDerStok, Justice Neil Gorsuch said the ATF was within its authority under the broad language of the 1968 Gun Control Act to enact the regulation, noting that many gun kits are easy to assemble in less than an hour. Justices Clarence Thomas and Samuel Alito dissented, and wrote separately. Read on for more criminal law news.
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The news story that captured my attention this week is not exactly, or not entirely, a criminal law story. Mahmoud Khalil, who helped lead pro-Palestinian protests at Columbia University, was arrested this week by ICE agents at the university-owned apartment where he lived. (Khalil apparently was a graduate student at the university until December.) Khalil is a lawful permanent resident of the United States – that is, a green card holder – but the agents indicated that his status would be revoked as a result of what the Trump administration views as his anti-Semitic advocacy. He remains in custody but has lawyered up, raising interesting questions about the government’s ability to revoke legal permanent residency based on speech. A federal judge has ordered that he not be deported pending further proceedings. The AP has more here and here. Keep reading for more news.
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A man is scheduled to be executed by firing squad this evening, which would be the first firing squad execution in the United States in the last 15 years. On Wednesday, Brad Sigmon’s final appeal to the South Carolina Supreme Court was denied. In South Carolina, death row inmates may choose between firing squad, lethal injection, and electrocution. Sigmon said he felt forced to choose execution by firing squad over lethal injection because of a lack of information about the drugs used and the “fear of a tortuous death.” He also said he didn’t choose electrocution because he didn’t want to suffer “by being cooked alive.” Sigmon’s attorneys attempted to delay the execution to get a fuller hearing in court to learn more information about the drugs used in lethal injection, but their request was denied. Sigmon plans to ask Governor Henry McMaster for his sentence to be commuted, although no South Carolina governor has granted clemency since the death penalty restarted in 1976. Read on for more criminal law news.
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Tuesday night, Pam Bondi was confirmed by the United States Senate as the Attorney General of the United States. Bondi previously served as Attorney General of Florida. The Senate voted 54 – 46, with all Republicans plus John Fetterman of Pennsylvania voting in favor of confirmation, and all other Democrats voting against. NPR reports here that Bondi immediately issued 14 memoranda that, among other things, lift the federal moratorium on executions; establish a task force on antisemitism and justice for the victims of Hamas’s October 7, 2023, attack on Israel; and form a working group regarding the weaponization of federal agencies for political ends. Keep reading for more news.
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This morning, President Biden announced that he will commute the sentences of nearly 2,500 inmates serving long prison terms for nonviolent drug offenses. The commutations are for offenders who received harsher sentences for drug crimes than they would have under current law and practice. Over the past two decades, Congress has passed legislation to rectify sentencing disparities and practices that disproportionately affected Black people and fueled mass incarceration, such as the now-discredited distinction between crack and powder cocaine. In his statement, Biden said “as Congress recognized through the Fair Sentencing Act and the First Step Act, it is time we equalize these sentencing disparities.” The commutations are the latest use of clemency power by President Biden, following the full pardon of his son Hunter, commuting the sentences of nearly all federal death row prisoners, and commuting the sentences of nearly 1,500 individuals moved to home confinement during the pandemic. Read on for more criminal law news.
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A 23-year-old NC State University student was charged with felony assault last Friday after a week-long flurry of rush-hour shootings along I-40 and near I-440. Andrew Graney’s arrest came after Raleigh police scrambled to find the shooter who fired into eight cars and four houses, all in southwest Raleigh along I-40 between last Monday and Thursday. Raleigh Police Chief announced Thursday two “persons of interest” were detained Thursday afternoon. The second person detained was released and not charged.
Police found Graney after surveillance camera captured footage of a gray Hyundai Sonata at the scene of one of the residences hit by gunfire. Search warrants showed police seized a laptop computer, a .45-caliber Llama handgun and case with live ammunition, spent shell casings, and a box of ammunition from Graney’s home and car. Graney faces charges of assault with a deadly weapon with intent to kill inflicting serious injury and discharging a weapon into an occupied dwelling or vehicle. He is being held without bond in the Wake County jail.
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People of a certain age will remember the Menendez brothers, Lyle and Erik. In 1989, when they were 21 and 17 years old, they shot and killed their parents in the family’s Beverly Hills mansion. Prosecutors alleged that they wanted their parents’ money, while the defense contended that the shootings were motivated by the brothers’ fear of sexual abuse at the hands of their father. I was living in California then and I remember the media frenzy. My wife was Lyle’s college classmate. So in our house, we have followed with interest the recent developments in the brothers’ cases. Both are serving life terms without the possibility of parole, and by all accounts, have been model inmates. They have habeas petitions pending alleging newly-discovered evidence that supports their claims of being victims of sexual abuse, including a letter allegedly written by one of the brothers eight months before the murders. Simultaneously, Los Angeles County District Attorney George Gascon has moved for resentencing, contending that a reduced term that would render the brothers parole eligible immediately would be in the interests of justice in light of their ages at the time of the crimes and the abuse that they allegedly suffered. Both the habeas petition and the resentencing request are due to be heard in the next month or two, and of course, both are controversial. ABC News has more details here. Read on for more news.