Archive for the 'Legal News' Category

BU Today: 18 vs. 21

Caleb Daniloff and Colin Berghaus produced a feature story on the drinking age debate for BU Today, and the story was posted online earlier this week. Daniloff interviewed [CR] President Barrett Seaman and Bill DeJong of the Boston University School of Public Health. When asked about the disconnect between the age of majority and the [...]

Dangerous Drinks

Last weekend, Central Washington University students learned first-hand the danger of caffeinated “alcopops,” when several were hospitalized after consuming the beverage Four Loko.  Four Loko, sometimes referred to as “blackout in a can,” contains the alcohol and caffeine equivalent of six beers and two cups of coffee, respectively. It is marketed and purchased for the [...]

Double Jeopardy

From State v. Feliciano, 107 H. 469, 115 P. 3d 648 (Hawaii 2005) – A. Double Jeopardy in “Successive Prosecution” Cases 1. U.S. and Hawai`i Constitutional prohibitions against double jeopardy Article 1, section 10 of the Hawai`i Constitution provides the following protection: “nor shall any person be subject for the same offense to be twice [...]

State’s failure to state an offense

State v. Kekuewa, 163 P.3d 1148, 1160-61 (Haw. 2007) It is a well-settled principle that a criminal defendant’s conviction will be reversed where the complaint, indictment, oral charge, or information is defective in such a way that it fails to state an offense: It is well settled that an “accusation ought to sufficiently allege all [...]

9th Cir. approves “police sweep of a person’s home without a warrant, without probable cause, without reasonable suspicion and without exigency”

…”in other words, with nothing at all to support the entry except the curiosity police always have about what they might find if they go rummaging around a suspect’s home,” writes Judge Kozinski in dissent of yesterdays denial by the court to rehear the case en banc. In the original decision, United States v. Lemus, [...]

More on SCOTUS cert. petitions

Petitioning and Opposing Certiorari in the U.S. Supreme Court By Timothy S. Bishop and Jeffrey W. Sarles of Mayer Brown LLP

Hawaii Supreme Court expands criminal defendants’ right to counsel

The U.S. Constitution’s Sixth Amendment right to assistance of counsel does not give a criminal defendant the right to confer with counsel during breaks in trial when the defendant is testifying. (In other words, when the defendant is on the stand, and the court takes a short break, the court doesn’t have to let the [...]

Criminal conviction as evidence in a civil suit

The Hawaii Supreme Court addressed the problem in Asato v. Furtado, 474 P.2d 288, 52 Haw. 284 (Haw. 1970), in which the trial court had refused to admit as evidence in a personal injury suit arising from an automobile accident the defendant’s conviction for heedless and careless driving in a prior criminal jury trial for [...]

Another cert petition article

Obtaining Certiorari In The United States Supreme Court Unfortunately, the previous article I linked to has disappeared behind a registration wall.

Another cert petition article

Obtaining Certiorari In The United States Supreme Court Sadly, the previous article I linked to has disappeared behind a registration wall.