The Law Office of John J. Leunig

06/25/2022

A person who is formally accused of a crime is generally entitled to certain evidence and information about the prosecution's case. This typically happens before trial, through a process called "discovery." But the prosecution's duty to disclose this material is usually ongoing, and doesn't end when a trial has begun.

06/23/2022

As forensic science of all kinds faces scrutiny about its reliability, with blood spatter patterns, hair matching and even fingerprints no longer regarded as the irrefutable evidence they once were, the science of death has been roiled over the past year with questions about whether the work of medical examiners is affected by racial bias, preconceived expectations and the powerful influence of law enforcement.

Disastrous errors by medical examiners have raised questions about whether they are influenced by prejudgments and a close relationship with the police.

06/16/2022

Courts have recently begun to recognize the scientific limitations of one forensic field: fi****ms identification, in which an examiner visually compares fired bullets or cartridge cases and opines on whether the items were fired by the same gun. https://bit.ly/3NMR8u9

The matching of bullets to guns is subjective, and courts are starting to question it because of testimony from scientific experts

06/08/2022

Facial recognition is making a comeback in the United States as bans to thwart the technology and curb racial bias in policing come under threat amid a surge in crime and increased lobbying from developers. https://reut.rs/3Ncp4An

Facial recognition is making a comeback in the United States as bans to thwart the technology and curb racial bias in policing come under threat amid a surge in crime and increased lobbying from developers.

06/04/2022

While police generally need a warrant to search your property, a car has fewer protections against searches. Police can search your car if they have probable cause, or if you consent to a search.

06/01/2022

The Supreme Court in a ruling Monday made it tougher for prison inmates to win release, barring federal courts from holding evidentiary hearings or considering new evidence of claims that their attorneys did not provide them with adequate legal representation after convictions in state court.

A Supreme Court ruling related to inmates on Arizona's death row was called "perverse" by Justice Sotomayor in a dissent joined by two other liberal justices.

05/23/2022

A federal appeals court ruled Monday that a defendant’s Sixth Amendment right to a public trial was violated when a trial judge allowed an audio stream but not video access to the proceedings.

A federal appeals court ruled Monday that a defendant’s Sixth Amendment right to a public trial was violated when a trial judge allowed an audio stream but not video access to the proceedings.

05/17/2022

What is the difference between parole and probation?

Parole is an early release of an inmate from prison. Probation can be ordered by a judge during sentencing in lieu of jail time, or following a jail sentence. Both can be revoked if the recipient violates the conditions of their release.

05/10/2022

25 states have no minimum age for prosecuting children. Others that do are now determining what the minimum age should be for a child to be involved in the juvenile courts.

Many states have no minimum age, but there's a push to raise it to a common international standard of 14. Experts say diversion programs should be provided without the criminalization of children.

05/06/2022

A federal appeals court ruled Monday that a Missouri man’s rights were not violated when a judge muted him twice during his remote sentencing.

A federal appeals court ruled Monday that a Missouri man’s rights were not violated when a judge muted him twice during his remote sentencing.

04/28/2022

If you're found guilty of driving under the influence of alcohol or drugs, you could face consequences that include losing your license, paying a fine, or serving jail time. If you've been arrested or charged with impaired driving, a criminal defense attorney can help you decide on the best course of action.

04/23/2022

Location tracking data from Alphabet Inc. is a tempting way for law enforcement to seek out suspects in the vicinity of a crime, but a first-of-its-kind legal ruling could put a stop to police efforts to use it.

Location tracking data from Alphabet Inc. is a tempting way for law enforcement to seek out suspects in the vicinity of a crime, but a first-of-its-kind legal ruling could put a stop to police efforts to use it.