The Law Offices of Daniel J. Tripathi

01/28/2022

An overturned conviction in Missouri is raising new questions about video testimony in criminal court cases nationwide, and the ruling could have ripple effects through a justice system increasingly reliant on remote technology as it struggles with a backlog of cases during the coronavirus pandemic.

An overturned conviction in Missouri is raising new questions about video testimony in criminal court cases nationwide, and the ruling could have ripple effects through a justice system increasingly reliant on remote technology as it struggles with a backlog of cases during the coronavirus pandemic.

01/27/2022

The Supreme Court buttressed a criminal defendant’s right to cross-examine prosecution witnesses, ruling in favor of a New York man who was convicted of killing a 2-year-old boy on Easter Sunday in 2006.

By an 8-1 vote, the justices held that defendant Darrell Hemphill's constitutional rights were violated when a judge allowed jurors to read another man's testimony that prosecutors used to undermine Hemphill's defense.

01/18/2022

COVID-19 is once again surging behind bars, posing a renewed threat to a high-risk population with spotty access to healthcare and little ability to distance.

Experts fear “another potential tinderbox scenario” akin to the early days of the pandemic.

01/14/2022

The U.S. Sentencing Commission has not had a quorum for three full years, which affects its ability to address circuit splits on the application of sentencing guidelines, two U.S. Supreme court justices said in a statement Monday.

The U.S. Sentencing Commission has not had a quorum for three full years, which affects its ability to address circuit splits on the application of sentencing guidelines, two U.S. Supreme court justices said in a statement Monday.

01/09/2022

The Supreme Court has determined that police need a warrant to search that information when it's on a mobile phone, but that protection doesn't extend to the information when stored on a car's systems, experts say.

The Supreme Court has determined that police need a warrant to search that information when it’s on a mobile phone, but that protection doesn’t extend to the information when stored on a car’s systems, experts say.

01/07/2022

Some states are changing the rules for peremptory challenges—and in one case, eliminating them altogether—in an effort to eliminate racial bias in jury selection.

Some states are changing the rules for peremptory challenges—and in one case, eliminating them altogether—in an effort to eliminate racial bias in jury selection.

12/31/2021

The Justice Department has reversed course in a legal analysis, which could allow thousands of people released from prison at the start of the pandemic to remain free once the coronavirus emergency ends.

In a rare reversal, the Justice Department said the prison system has discretion to allow people released to home confinement during the pandemic to remain free.

12/28/2021

The justice system continues to feel the effects of the COVID-19 pandemic nearly two years after courthouses first began closing and limiting operations, according to a Washington Post report.

The justice system continues to feel the effects of the COVID-19 pandemic nearly two years after courthouses first began closing and limiting operations, according to a Washington Post report.

12/24/2021

States and the federal government carried out 11 executions this year, the fewest since 1988, according to an annual report.

States and the federal government carried out 11 executions this year, the fewest since 1988, as support for the death penalty has continued to decline, a new report says.

12/22/2021

Overcoming a past offense and clearing the slate may be a long, tedious process for some, but it can be worth it.

Having a criminal record can affect your housing, finances and employment.

12/17/2021

The Fifth Amendment’s double jeopardy clause prevents defendants from being put on trial more than once for the same offense. A key exception is that separate sovereigns can prosecute defendants for the same criminal acts. For example, if a person commits a single act that violates both federal and state laws, they could face trial in both federal and state courts.

12/14/2021

Sometimes, life can take a bad turn. You’ve been arrested, arraigned, and are now set to stand trial. Fortunately, whether you are guilty or not, the U.S. criminal justice system offers you several constitutional protections.

You've been arrested and set to stand trial. Fortunately, the US criminal justice system offers you several constitutional protections.