On December 1, 2015, the 11th Circuit issued its State v. Johnson, No. 14-12143 decision holding that law enforcement's review of any data or file not actually viewed by the private party exceeds the private search doctrine scope and violates the Fourth Amendment.
On the heels of the Sentencing Reform Act of 2015's introduction in early October aimed at reforming drug offenses mandatory minimums, last week both the United States House of Representatives and Senate introduced legislation to further address the Federal criminal code's "overcriminalization".
On April 10, 2015, then-United States Attorney General Eric Holder executed an order, which precludes immigration judges from considering evidence outside of the record of conviction in order to determine whether a non-citizen was removable on the basis of a conviction for a "crime involving moral turpitude"
As a follow up to our July 6th blog post in which we detailed United States District Court for the Eastern District of New York Judge John Gleeson's granting an Expungement/Sealing Motion, this post will focus on the United States Circuit Court of Appeals circuit split regarding Federal Courts' inherent power and ancillary jurisdiction to expunge criminal records.
In Henderson v. United States, a unanimous Supreme Court reversed the Eleventh Circuit Court of Appeals and held that 18 U.S.C. § 922(g) does not prohibit a court-ordered transfer or sale of a felon's lawfully owned guns to a third party held by the Government.
Congressman Tim Walberg introduced H.R. 5212 which seeks to restore personal property rights under the Fifth Amendment and ensure due process of law by reforming long-standing civil forfeiture policy.
The Supreme Court of Ohio, Language Services Program has initiated a Complaint Process for individuals who want to report the failure of a local court to appoint an interpreter when Sup. R. 88 requires.
On January 30, 2014, the United States Senate Judiciary Committee voted out of committee, by a 13-5 Bipartisan roll call vote, S.1410 entitled the "Smarter Sentencing Act".