News Roundup

Published for NC Criminal Law on September 02, 2011.

Several high profile murder trials are headed for a conclusion in the near future. The News and Observer covers the Robert Stewart trial here (the defendant admits killing eight people at a nursing home, but contends that due to his mental illness and use of prescription drugs, he is not legally culpable), and the Joshua Stepp case here (the defendant acknowledges killing his 10-month-old stepdaughter but claims that his conduct is attributable to his post-traumatic stress disorder). In other news: 1. I've blogged previously about the controversy over the right to record the police. The First Circuit recently weighed in. You can read an excerpt and analysis of the court's decision here -- there's also a link to the full text of the opinion -- but the short version is that the court held that there is such a right, and in fact, that it is firmly established such that an officer who violates it is not entitled to qualified immunity. 2. Sentencing Law and Policy has this story about a Texas inmate, scheduled for execution later this month. In 2000, then-Texas Attorney General John Cornyn said that the defendant was unfairly sentenced to death based on the testimony of a psychologist "who regularly told juries that defendants were more likely to commit future criminal acts because they were black or Hispanic. He based his testimony on the fact that blacks and Hispanics are overrepresented in the Texas prison system when compared with the state's general population." Nonetheless, the defendant has [...]