trial

Constitutional Law

SCOTUS Overrules Non-Unanimous Jury Verdicts But Were Stare Decisis and Abortion Also on Trial?

April 20, 2020 Oscar Michelen 1

Back in August 2019 I wrote about Calvin Duncan, a jailhouse lawyer with only a 10th grade education who got the Supreme Court of the United States to look at the issue of non-unanimous jury verdicts in criminal cases, a procedure permitted in only two states: Louisiana and Oregon. (see https://courtroomstrategy.com/2019/08/power-of-persistence-jailhouse-lawyer-takes-case-to-scotus/ ) Well in October […]

Wrongful Convictions

Missouri Judge Won’t Reverse Lamar Johnson’s Conviction Even Though D.A. Says Her Office Engaged in Serious Misconduct

August 27, 2019 Oscar Michelen 0

In a case showing just how much the criminal justice system favors form and finality over substance, a Missouri judge has denied a request by the St Louis District Attorney’s Office to overturn the conviction of Lamar Johnson, who is serving his 24th year of incarceration. Particularly shocking is that the St Louis DA Kim […]

Constitutional Law

Why $10 Million for Marty Tankleff is Not Enough

April 22, 2018 Oscar Michelen 3

Suffolk County lawmakers on Thursday approved a $10 million settlement for Martin Tankleff, who served 17 years in prison for killing his parents before an appellate court overturned the conviction in 2007. The legislature’s Ways and Means Committee voted 5-0 for the settlement, which was recommended by County Attorney Dennis Brown. “There’s no amount of […]

Constitutional Law

Client: “I’m Not Guilty!” – Lawyer: “Yes, You Are!” SCOTUS to Rule on Who Decides in Louisiana Death Penalty Case

January 18, 2018 Oscar Michelen 2

Louisiana man Robert McCoy was accused of killing Christine Colston Young, Willie Young and Gregory Colston, who were the mother, stepfather and son of Mr. McCoy’s estranged wife. There was substantial evidence that he had done so. The actual shooting was caught on tape as the victim had called 911 upon the shooter’s arrival and […]