Latest Criminal Law News
Toronto shopkeeper welcomes changes to citizen's-arrest laws
At the Lucky Moose Food Mart a few blocks away in Chinatown, owner David Chen said he was “very happy” to see it, and expressed gratitude to his many supporters. As things stand, a thief must be caught in the act for a citizen's arrest to be legally
Updated: 02/17/2011 02:55P
Criminal Law: Misdemeanor – Jury Trial – Victim Impact Statement
State v. Beckemeyer (MLW No. 61819/Case No. ED94412 – 5 pages) (Missouri Court of Appeals, Eastern District, Richter, CJ) (1)Where a defendant in a misdemeanor domestic assault case did not request a jury trial,
Updated: 02/17/2011 02:54P
Criminal Law: Sentencing – Prior Conviction
US v. Sanchez-Martinez (MLW No. 61812/Case No. 10-1768 – 5 pages) (US Court of Appeals, 8th Circuit, Colloton, J.) Even though a district court erred in concluding that every violation of a state's terroristic threats statute
Updated: 02/17/2011 02:32P
Citizen's Arrest and Self-Defence Act introduced
Canadians who have been the victim of a crime should not be re-victimized by the criminal justice system. That's why we have introduced changes to the Criminal Code so Canadians know they have the law on their side and that our justice system targets
Updated: 02/17/2011 01:24P
Criminal Law: Sentencing – Dangerous Weapon – Enhancement
US v. San-Miguel (MLW No. 61811/Case No. 10-1012 – 9 pages) (US Court of Appeals, 8th Circuit, Gruender, J.) Where agents found a revolver inside of a defendant's safe with ammunition and 297.5 grams of cocaine, the evidence
Updated: 02/17/2011 01:07P
Criminal Law: Sentencing – Obstruction Of Justice – Safety Valve Relief
US v. Sandoval-Sianuqui (MLW No. 61800/Case No. 09-3687 – 10 pages) (US Court of Appeals, 8th Circuit, Melloy, J.) Where a defendant, who pleaded guilty in a methamphetamine conspiracy, was sentenced to 292 months,
Updated: 02/17/2011 01:07P
Criminal Law: Pre-Trial Motion – Extension – Timeliness
US v. Trancheff (MLW No. 61803/Case No. 10-2220 – 4 pages) (US Court of Appeals, 8th Circuit, per curiam) Where a district court refused to extend the time in which a defendant could file a pre-trial motion, the judgment is
Updated: 02/17/2011 01:07P
Criminal Law: Miranda – Custody
US v. Boslau (MLW No. 61802/Case No. 10-1167 – 15 pages) (US Court of Appeals, 8th Circuit, Melloy, J.) Where a defendant argued for the suppression of statements made during an interview with police, arguing that he was in
Updated: 02/17/2011 01:01P
Criminal Law: Miranda – Sentencing
US v. Ewing (MLW No. 61806/Case No. 10-1379 – 8 pages) (US Court of Appeals, 8th Circuit, Loken, CJ) (1)Even though officers did not repeat the full Miranda warning when a defendant talked to an FBI officer after he had
Updated: 02/17/2011 01:01P
Criminal Law: Habeas Corpus Relief – Right To Counsel – Waiver
Jones v. Norman (MLW No. 61808/Case No. 10-1614 – 12 pages) (US Court of Appeals, 8th Circuit, Beam, J.) Where a trial court denied a defendant's request to represent himself based on factors related to the defendant's ability
Updated: 02/17/2011 12:56P