In Sessions v. Dimaya, the U.S. Supreme Court has struck down an aspect of an immigration statute as being unconstitutionally void for vagueness. Due process requires a statute to be clear and understandable, without the requirement of speculation and guesswork. Such principles are important regardless of context, be it immigration or criminal law. In this case, …
What You Need to Know About Your Miranda Rights
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights …
Was the Proposed Iowa Supermajority Bill Unconstitutional?
Proposed but failed legislation would have required the Iowa Supreme Court have a supermajority to rule an Iowa statute unconstitutional. This legislation would have required five of the seven Iowa Supreme Court justices to agree. Interestingly enough, the proposed bill may have been unconstitutional. It is likely that an amendment to the Iowa constitution would have to be made …
Bill Proposes all OWI Offenders Install Ignition Interlocks
Legislators in the Iowa House recently introduced a bill that would require anyone arrested for drunken driving to install an ignition interlock device in their vehicle. Iowa’s law currently states that first-time offenders, who were not involved in an accident and whose blood-alcohol level was between .08 and .10 at the time of the arrest, …
Illegal or Not? CBD Oil Seized by Police
Police in Carroll and Muscatine recently went into five stores and seized CBD-oil products, claiming they contain illegal marijuana. This has stirred debate and concerns around the entire state of Iowa, for business owners and their customer base. The main cause for concern is two-fold; business owners were under the impression they were selling products …
Iowa Felony Convictions Nearly Tripled Since 1980
Iowa and many states across the country have experienced a dramatic increase in felony convictions in the past few decades. A study in 2010 showed that felony convictions in Iowa had almost tripled since 1980, going from 2.05% to 5.72% in just three decades. This steady increase in felony convictions has caused many states to …
Mistrial Declared for Cliven Bundy
A mistrial was declared by a federal judge for Cliven Bundy, his two sons Ammon and Ryan and militiaman Ryan Payne in their criminal conspiracy case. The men were accused of conspiring to commit a crime against officers of the Bureau of Land Management in 2014. Judge Gloria Navarro declared the mistrial after it was …
Old Law Gets Iowa Man a New Trial
Robert Reynolds, who was charged with killing a family friend in 2014, will have his new trial held in Avoca, Iowa, rather than Council Bluffs. This change occurred after he appealed based on a law from the 1880s that split Pottawattamie County by east and west, allowing everyone to be able to reach their courthouse …
Violating Probation May Result in “No Bond” in Linn County
A new policy in Linn County is attempting to prohibit bond for offenders who violate their probation. Many times, these offenders are committing the same crimes while on bond that they were arrested for in the first place. Bond is not a right given to all offenders; it is granted to offenders by the judge …
Missouri Public Defenders Suffer Under Heavy Caseload
The Missouri state Supreme Court recently suspended public defender, Karl William Hinkebein, for failure to provide adequate representation to 6 clients between the years 2011 and 2013. Hinkebein is just one of the 370 Missouri public defenders handling more than 80,000 criminal cases a year. As a result of the prosecution of Hinkebein, many public …
Mike Tyson’s Appeals of Rape Conviction, Revisited
Warning: This post may contain profane or offensive language. Reader discretion is advised. To this day, debate continues regarding whether former world heavyweight boxing champion Mike Tyson received a fair trial which led to his conviction for sexually assaulting Desiree Washington. The appellate court decisions provide insight: Refusal to Allow Impeaching Witnesses to Testify In …
The Shocking Toll of Taser Use in Police Incidents
Reuters recently conducted a detailed study of over 1000 incidents involving the use of a stun gun that ended in the death of the person stunned. Of those incidents, only a little over 150 actually cite Tasers as the cause or a contributor to death. Since Tasers became a staple in police departments in the …