At September’s Stepping Up meeting, the Santa Barbara Sheriff’s Office, Behavioral Wellness, and other community stakeholders gathered to discuss ongoing challenges in addressing the mental health needs of jail inmates and the community at large.

A state’s method of execution is typically challenged under the Eighth Amendment prohibition against cruel and unusual punishment.  These...

An excellent law review article was just published on “consent” in criminal law: Kate Weisburd, “Criminal Procedure Without Consent,” 113 Cal.L.Rev. 697 (2025). The author would severely limit (if not eliminate) consent in criminal investigations, law and procedure. Her thesis is based on the disparity in bargaining positions (between the individual – particularly those of color – and the police, prosecutors and courts) and the lack of real benefit to the person giving co

On April 4, 2025,  Munger Tolles & Olsen  filed an amicus brief in support of the lawsuit brought on behalf of the law firm  Perkins Coie...

 With all of the publicity regarding the U.S. Supreme Court decisions coming out at the end of the Term, Goldey v. Fields (No. 24–809, decided June 30, 2025) decided this morning (Monday) may have been missed.  That is because it was decided on the Shadow Docket.  It was resolve in an unsigned per curiam decision without a written dissent. 

The United States Supreme Court continues to offload its more “routine” cases with new opinions. In NRC v. Texas , two days ago, the...

The United States Supreme Court delivered six opinions this morning which are remarkable as a group.  Four of the six were unanimous;...

This morning, the United States Court of Appeals for the Eleventh Circuit denied a stay of execution for Anthony F. Wainwright who is...

The Administrative Office of the United States Courts is an official agency which, as a part of its duties, publishes reports for the...

The United States Supreme Court unanimously decided a case today that may be significant with regard to the deference of courts to...

A Troubling Reality Despite the ironic title, this blog post sadly acknowledges a grim reality: the death belt in the United States has...

Understanding the Term "Eighty-Six" As a criminal defense lawyer with over fifty years of experience in handling serious cases, I want to...