Dorothy Varallo-Speckeen thought she was volunteering to help solve a child-abuse case when she walked into the police interrogation room in 2013. She learned quickly, however, that she was Detective Marcella O’Brien’s prime suspect. O’Brien believed that Varallo-Speckeen was guilty of breaking the legs of the 15-month-old girl she was babysitting, though Varallo-Speckeen swore that …
A Push to Restrict Courtroom Identifications and End Wrongful Convictions
The age-old courtroom move of asking a key witness if he sees the person who committed the crime in the room is slowly being fazed out of the judicial process. Both Massachusetts and Connecticut have put limitations on using courtroom identifications as an approach in trials. The Connecticut Supreme Court ruled that a witness cannot …
New Ruling Gives Minorities in Iowa a Better Chance at Fair Trials
The Iowa Supreme Court has reversed a 25-year-old ruling, stating that judges must broaden their analysis in regard to whether or not a jury pool includes enough minority members to guarantee a fair trial under the 6th Amendment. This came after an appeal by a Waterloo man convicted in 2015 of harassing his neighbor. Kelvin …
I got an OWI drunk driving…what now?
When an individual is arrested for OWI in the state of Iowa, there are processes you need to be aware of, and different variables that could affect the outcome. If this is your first-offense, the following information may give you some idea of your next steps: Under Iowa law, you are not legally obligated to …
Iowa Supreme Court Changes the Way Criminals are Charged
The Iowa Supreme Court recently changed its interpretation of the speedy indictment laws, which will affect the rights of those accused or arrested for crimes. This comes just seven years after the prior precedent originally was set. The ruling states that for purposes of the speedy indictment rules, a defendant is arrested officially when they are …
The United States vs. Muhammad Ali
On June 28, 1971, the United States Supreme Court reversed Muhammad Ali’s federal criminal conviction for refusing to enter the military. Most Americans are aware that world heavyweight boxing champion Muhammad Ali refused to enter the U.S. Armed Forces and that his conviction for refusing to do so eventually was overturned. However, what is less known …
New Law In Iowa Gives Expansive Rights to Gun Owners
A sweeping new gun law was signed into effect last month for Iowa, after passing in both the Republican controlled Senate and House. The law caused quite a bit of controversy while still a bill. Much of this was due to its inclusion of specific “stand your ground” language regarding justifiable use of reasonable and deadly …
New Iowa Laws Tougher on Texting While Driving and Driving Impaired
On Monday, April 17, Governor Branstad signed bills into law banning texting while driving and allowing for tougher action against driving while impaired. Previously, texting while driving was considered a secondary offense in Iowa, which meant police could not stop someone unless they believed another violation had occurred. Under the new law, police will be …
Supreme Court Rules in Favor of Client Arrested for Incorrectly Answering Illegal Question
In response to Gazette article: Iowa Supreme Court: Lying about felony record on gun form no crime I represented Mr. Downey at the district court level, and made several arguments on his behalf, one of which the Iowa Supreme Court addressed and found in my client’s favor, which was dispositive of the appeal, so they didn’t …
US Supreme Court Rules in Favor of Texas Man on Death Row
The US Supreme Court ruled in favor of Texas death row inmate Duane Buck, whose own lawyer brought forth evidence that he was more likely to be a danger in the future because he is black. Texas law states that a person must present future danger to be given the death sentence. Buck’s lawyer retained the testimony …
You Have the Right to Record the Police
North Carolina criminal defense attorney, Jesse Bright, was pulled over on February 26th while driving for Uber to make some extra money. Bright began recording the exchange as soon as the police officer walked up to his window. The officer, Sgt. Kenneth Becker, claimed that Bright was not allowed to record him. When Bright argued …
Controversy Sparks Over Police Departments with Personal DNA Databases
Police departments across the country are causing controversy by creating their own local DNA databases. The police departments state that having personal databases helps them solve crimes faster and prevent future crimes. Those opposed to these local DNA databases believe that it is just a way around the regulations that govern state and national databases. …