Search for: "Paul Cassell"
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18 Dec 2007, 3:57 am
should be is to put the victim back into the position as if no crime had been committed,' says Paul [read post]
23 Feb 2011, 12:03 pm
stony-faced at the government's table in the court of appeals while my good friend Professor Paul [read post]
21 Aug 2013, 1:50 pm
26 Mar 2025, 11:00 am
[Boeing has no defense to the charged crime of defrauding the FAA. Rather than go through a pointless trial with a preordained result, it should plead guilty straightaway.] Yesterday Judge Reed O'Connor of the U.S. District Court for the Northern District of Texas set a trial date (June 23rd) in United State v. Boeing. The case concerns a long-pending federal criminal charge filed against Boeing for conspiring to defraud the FAA. Boeing has reportedly been dragging its heels about… [read post]
13 Dec 2024, 3:39 am
My co-blogger, Josh Blackman, has previously written an excellent post about what might be viewed as the "stealth impeachment" of Judge Newman in the Federal Circuit. Judge Newman has been suspended due to her alleged failure to "cooperate" with a Special Committee appointed by the Chief Judge of the Federal Circuit, which was investigating Judge Newman's capacity to perform her work. Judge Newman has sought federal judicial review of whether this lengthy suspension violates… [read post]
12 Dec 2024, 4:30 am
In the federal system and all states, "rape shield" rules require pre-trial hearings on whether evidence relating to a rape victim's prior sexual history is admissible at trial. For example, Utah's Rule of Evidence 412 (which parallels Federal Rule of Evidence 412) requires a defendant who intends to introduce a victim's prior sexual history evidence to make a detailed proffer of the relevance and purpose of the proposed evidence. The trial judge then holds a hearing… [read post]
15 Jul 2022, 11:45 am
[In a petition for reconsideration, I ask the Utah Supreme Court to modify a recent opinion to remove the qualifier "alleged" in front of term "victim" in light of the fact that the defendant has been convicted of sexually assaulting the victim. ] Last week the Utah Supreme Court released an opinion agreeing with me (and the Utah Crime Victims' Legal Clinic) that a crime victim was entitled to be heard in appellate court proceedings concerning whether to release the… [read post]
14 May 2018, 7:04 am
Rappaport writes: "So Cassell and Fowles need some theory for why street stops, when conducted en [read post]
9 Mar 2009, 7:25 am
brief on behalf of K.G. and the National Crime Victim Law Institute, and in support of petitioner, Paul [read post]
24 Jul 2023, 5:30 am
[Tomorrow I will argue that families who lost relatives in the crashes of two Boeing 737 MAX aircraft should be able to confer with prosecutors about prosecuting Boeing for lying to the FAA.] Previously I blogged about my petition to the Fifth Circuit under the Crime Victims' Rights Act (CVRA). My petition argues the families who lost relatives in the crashes of two Boeing 737 MAX crashes should have been afforded their CVRA rights to confer with prosecutors about prosecuting Boeing for its… [read post]
21 Feb 2023, 1:32 pm
[The article explains how the federal Crime Victims' Rights Act and other crime victim protections contain a broad definition of the term "victim."] Today, I posted on SSRN my new, co-authored law review article regarding how to define the term "victim" in the Crime Victims Rights Act and other crime victims' rights enactments. Here's a summary: Who qualifies as a "victim" is the critical foundational question for the Crime Victims' Rights Act… [read post]
7 Jul 2022, 9:54 am
[The Court agrees with my argument that crime victims can become "limited-purpose parties" in criminal proceedings to protect their interests, such as an interest in the confidentiality of mental health counseling records.] Today the Utah Supreme Court handed down an important victory for crime victims, holding that crime victims can become "limited-purpose parties" in criminal prosecutions when their rights are at issue. The Court ruled that a child sexual assault victim was… [read post]
8 May 2025, 11:32 am
[An Arizona trial court judge allowed this innovative approach to presenting a victim impact statement, which seems like a useful step toward justice.] Last week, the road-rage killer of an Arizona man was sentenced to 10 1/2 years in prison after his victim "spoke" to the court via a victim impact statement (VIS) created through artificial intelligence. The trial court judge allowed the victim's family to play an AI-generated video with a version of the victim—including his… [read post]
27 Feb 2025, 2:15 pm
[That's the powerful argument that Mayor Adams's lawyers are making, citing (among other grounds) the leaking of a resignation letter containing "the wildly inflammatory and false accusation that Mayor Adams and his counsel had, in essence, offered a quid to the Department of Justice in exchange for the quo of dismissal."] I've been following the Justice Department's pending motion to dismiss corruption charges against Mayor Adams, focusing on the question of whether… [read post]
19 Feb 2025, 4:39 am
In December, I joined former judges Susan Braden, Janice Rogers Brown, Paul Michel, Randall Rader, and [read post]
17 Nov 2025, 4:55 pm
[My two petitions for writs of mandamus challenge the Justice Department's violation of the Crime Victims' Rights Act and argue for substantive "public interest" review of prosecutors' dismissal motions.] Last Thursday, families who lost relatives in the crashes of two Boeing 737 aircraft petitioned the Fifth Circuit to reinstate the criminal charge against Boeing. In two petitions I filed, the families asked the Circuit to reverse District Judge O'Connor's… [read post]
5 Sep 2007, 9:08 am
quot;Mandatory Minimums and the Crack/Powder Sentencing Disparity" Featuring The Honorable Paul [read post]
17 Dec 2007, 10:54 pm
should be is to put the victim back into the position as if no crime had been committed," says Paul [read post]
3 Oct 2024, 6:15 am
Markman & Paul G. [read post]
19 Nov 2018, 7:35 am
"), Paul Cassell summarized an amicus brief he co-authored urging the US Supreme Court to grant [read post]
