Category: State Criminal Law

January 25, 2012

Death Penalty Overturned Because of Sleeping, Tweeting Jurors

Contrary to our prediction, the Arkansas Supreme Court has vacated the conviction and sentencing of capital-murder defendant Erickson Dimas-Martinez and remanded the case for a new trial on grounds of juror misconduct. Although the decision is a definite victory for defendants, it may well invite a flood of appeals based on allegations of misconduct, regardless… Read More

December 4, 2011

Arkansas High Court Considers Impact of Juror’s Use of Twitter During Trial

Arkansas may be the next state (after California) to tighten restrictions on Internet usage by jury members. Earlier this year, California passed a law governing jurors’ use of the Internet. On November 17, 2011, the Arkansas Supreme Court considered whether a juror’s use of Twitter during a capital murder trial unfairly prejudiced defendant Erickson Dimas-Martinez…. Read More

October 31, 2011

New California Law Takes Aim at Jurors’ Uses of Internet

We have written about the impacts of ubiquitous Internet access and social-media networking on the jury system. Last February, we considered a Reuters Legal study that identified an exponential increase in the number of jury verdicts that have been challenged due to Internet-related juror misconduct. We also commented on a U.K. juror’s eight-month sentence for chatting… Read More

September 7, 2011

Private Lawyers on Contract to Represent States: Is That Fair?

What do a medical malpractice victim and the Kentucky Attorney General have in common? The same lawyer representing them. A fact little known to the public is that a growing number of state government enforcement actions are not being litigated by state-employed attorneys but rather by private lawyers working for the state on contingency fee… Read More

August 2, 2011

Illinois Court Ruling Upholds State’s New Video Gaming Act

In a 7-0 decision, the Illinois Supreme Court recently upheld legislation that will allow video gaming in the state for the first time. Earlier this month, the court ruled in favor of the Illinois legislature’s 2009 omnibus bill for funding capital projects that included the Video Gaming Act. The legislation had been challenged by Chicago… Read More

July 15, 2011

Massachusetts Cracks Down on Gambling at Internet Cafes

Last month, citing evidence that illegal gambling was going on at “Internet cafés” throughout the state, Massachusetts Attorney General Martha Coakley issued a new permanent regulation banning gambling at such places. The regulation bans the operation of establishments “where a gambling purpose predominates over the bona fide sale of bona fide goods or services” – in… Read More

May 25, 2011

Black Friday Chills Legislative Momentum in Nevada and Elsewhere

Just a couple of months ago, there was considerable optimism after the introduction of an interactive-gaming bill in the Nevada legislature that that state could be the first to legalize online poker. However, in the wake of last month’s “Black Friday” indictments, it now appears that the optimism was premature. The state legislature is clearly… Read More

April 8, 2011

D.C. Becomes First Place in U.S. to Legalize Online Poker

Yesterday, April 7, 2011, saw a historic moment in igaming as the District of Columbia became the first American jurisdiction to enact a law that allows online poker wagering. The amendment, called the “Lottery Modernization Act of 2010” for the year it was introduced, is part of a larger budget bill passed by the D.C…. Read More

March 24, 2011

The Great Race: Legal Online Poker Advances in Nevada, Hawaii Legislatures

Hearing Clarifies Issues in Nevada The Nevada Assembly Committee on Judiciary met on March 24, 2011, to discuss AB 258, which would provide for the licensing and operation of Internet poker in Nevada for the first time. Committee members were, not surprisingly, interested in the possible benefit or harm to Nevada’s existing bricks-and-mortar gaming industry… Read More