News Roundup

Published for NC Criminal Law on January 14, 2011.

There have been a number of interesting stories in the news this week. 1. The national focus has been on Tucson, Arizona, where Jared Loughner is being held without bail on federal charges related to the shooting of Congresswoman Gabrielle Giffords and the killing of federal district court judge John Roll, among others. There are some interesting legal issues in this tragic case. For example, because one of the victims was a federal judge, all of the federal district court judges in Arizona have recused themselves. The case has been assigned to judge Larry Burns, in San Diego. I imagine that Judge Burns knew Judge Roll, at least casually, through judicial conferences and the like. That may not rise to the level of a conflict of interest, but it is certainly unusual for the judge in a (potentially) capital case to be personally acquainted with one of the victims. Also noteworthy is the fact that Judy Clarke has been appointed to represent Loughner. A flattering profile of Clarke is here; she has represented, among others, Ted Kaczynski, Eric Rudolph, Susan Smith, and Zacarais Moussaoui. Representing Loughner looks to be equally challenging. Mental health issues appear likely to be at the center of any defense, and the New York Times discusses some of what's publicly known about those issues here. Finally, the Pima County District Attorney, Barbara LaWall, is reportedly "still researching whether state and federal cases could proceed concurrently or whether her office would wait until federal prosecutors had finished their [...]