The recent Gamble v. United States decision reminds us that the house always wins. This is quite a serious case, and horrible precedent, which is rather ironic, consider the Court’s reliance upon stare decisis to justify the ruling. Terrance Gamble was prosecuted in Alabama for being a felon in possession…
Author: Rebecca Ralph
“If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. James Madison’s words rang in my ears as I thought about the recent opinion the Court of Appeals rendered in State v. Wright; the opinion…
What happens when winning a detention hearing results in more pre-trial detention for your client? This came to light recently in Molynda Brewer’s case, and it became an issue for this blog when the ACLU appealed her detention to the New Mexico Court of Appeals. In October, following an altercation…
Writ large, double jeopardy precludes multiple prosecutions for the same conduct, providing a haven from state (and federal) overreach …except when it doesn’t… The Supreme Court’s recent opinion in State v. Loza illustrates how a charge of racketeering acts as an an exception to the protection of double jeopardy. The…