Fifth Circuit to Hear Oral Argument on the Victims' Families' Challenge to the Dismissal of the Boeing Criminal Case
I hope to convince the Fifth Circuit to fully protect the families' rights under the Crime Victims' RIghts Act.
Crime Victims Rights Act
Judge O'Connor Grants the Government's Motion to Dismiss the Conspiracy Charge Against Boeing …
... but does so reluctantly, calling the objections to the dismissal "compelling" and castigating the Justice Department for its failure "to secure the necessary accountability to ensure the safety of the flying public."
Can Federal Prosecutors Avoid Judicial Review of Dismissal Motions by Agreeing in Advance With a Defendant Not to Prosecute?
The Justice Department and Boeing are trying that dubious maneuver, which eviscerates the requirement in the federal rules that judges must approve dismissal motions.
The Victims' Families Seek a Plea Deadline in the Boeing Criminal Case
I argue that the Crime Victims' Rights Act entitles the victims' families to know whether Boeing is really planning to go to trial ... or whether it will stick with its guilty plea.
The Crime Victims' Rights Movement's Past, Present, and Future (Part II - the Present)
The modern crime victims' rights movement has been remarkably successful in inserting the victim's voice into criminal justice processes.
How Should the District Court Evaluate the Motion to Dismiss the Charges Against Mayor Adams?
Under existing Second Circuit caselaw, the district court will almost certainly need to approve the motion to dismiss. But existing Circuit law fails to take into account the Crime Victims Rights Act. And there may be a "victim" who rights are being ignored: New York City.
The Twentieth Anniversary of the Crime Victims' Rights Act
Twenty years ago to the day, the CVRA took effect ... changing the legal culture in federal criminal cases.
The Third Circuit Affirms Sanctions Against the Philadelphia D.A.'s Office for Failing to Confer with Crime Victims
The Circuit concludes that the district court appropriately sanctioned the D.A.'s Office for making misleading statements about whether it had conferred with a crime victim's family.
Should the Philadelphia D.A.'s Office Have Been Sanctioned for Failing to Protect Crime Victims' Rights?
My amicus brief to the Third Circuit argues that the district court appropriately sanctioned the Philadelphia D.A.'s Office for making misleading representations about whether they had conferred with a crime victims' family.
Intervening to Stop "True Threats" from Delusional Stalkers and Devious Stalkers
Today's oral argument in Counterman v. Colorado--the "true threats" case--highlights the importance of protecting stalking victims from objectively threatening communications.
Victims' Families File Petition in the Fifth Circuit Seeking to Enforce Rights in the Boeing Case
The families argue that they should have been given an opportunity to confer with prosecutors under the Crime Victims' Rights Act before Boeing's deferred prosecution agreement was finalized.
Judge O'Connor Rules that the Boeing 737 MAX Crashes Victims' Families Cannot Enforce Their Right to Confer with Prosecutors
While expressing great sympathy for the victims' families, Judge O'Connor concludes that no remedy is available for the Justice Department's failure to enforce the families' right to confer under the Crime Victims' Rights Act.
Crime Victims' Rights Now Integrated Throughout the Arizona Rules
The Arizona Supreme Court becomes the first state Supreme Court to thoroughly incorporate crime victims' rights in its rules of criminal procedure. Others should follow.
A Crime Victims' Rights Act Challenge to the Boeing 737 MAX Crashes Deferred Prosecution Agreement
My filings yesterday on behalf of the fifteen families who lost loved ones in the Boeing 737 MAX crashes explains why the Justice Department could not keep victims' families in the dark when it negotiated its immunity deal with Boeing.
Was it Lawful for the Justice Department to Reach a Secret Non-Prosecution Agreement with Jeffrey Epstein Without Telling His Victims?
My cert petition to the U.S. Supreme Court asks it review the Eleventh Circuit en banc's decision concluding that Epstein's victims cannot enforce their right to confer with prosecutors under the Crime Victims' Rights Act because the Department never formally filed charges against Epstein.
The Eleventh Circuit Rules Against Jeffrey Epstein's Sex Abuse Victims' Efforts to Rescind His Secret Plea Deal
The en banc ruling calls the sordid deal a "national disgrace" but concludes the courts are powerless to enforce crime victims' rights in pre-charging situations--a disturbing ruling that I hope will be quickly overturned.
