In U.S. Supreme Court news, the Court recently stayed the execution of Richard Glossip. Mr. Glossip has spent 26 years on death row in Oklahoma. This was his ninth scheduled execution date. The state Attorney General agreed with Mr. Glossip that a stay was appropriate, categorizing the sentence as a “grave injustice” amid questions about the integrity of the conviction. The stay was obtained from the Court after the state parole board declined to recommend clemency and other state remedies were exhausted. Read on for more criminal law news. Diaz-Tomas at the Supreme Court? Readers may recall the decision in State v. Diaz-Tomas, 382 N.C. 640 (2022). As Shea discussed here, the case holds that prosecutors are not obligated to reinstate a case that has been dismissed with leave and that a trial court has no authority to order reinstatement of the case over the State’s objection. A petition for certiorari has been filed at the U.S. Supreme Court, arguing in large part that the case violates the Speedy Trial Clause principles articulated in Klopfer v. North Carolina, 386 U.S. 213 (1967). The Court recently ordered North Carolina to respond. The Cato Institute also recently filed an amicus brief in support of the petitioner. The State’s response is currently due on May 15. You can read the petition and amicus brief (as well as the State’s response, once it’s filed) here. Fees and Fines. The U.S. Department of Justice recently released a “Dear Colleague” letter to state courts and juvenile justice [...]
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