State Bar answers whether a prosecutor can require defense counsel to agree that discovery may be shown to the defendant but that copies of the documents may not be given to the defendant?

Check out this month's Texas Bar Journal for the full text of Opinion 619. The Texas Disciplinary Rules of Professional Conduct permit a prosecutor to require and defense counsel to agree that
documents the prosecutor produces to defense counsel may be shown to the defendant but that copies of the documents may not be given to the defendant.

SCOTUS Confronts Confrontation Clause Again

Supreme Court issues a divided (a four-Justice plurality with
Thomas concurring in the judgment) opinion in Williams v. Illinois,
affirming the decision of the Illinois Supreme Court that the admission of
expert testimony in this case did not violate the Confrontation Clause.

Supreme Court Limits Double Jeopardy

In Blueford v. Arkansas, 10-1320, petitioner was on trial for capital murder. The jury informed the court that they were unanimous that petitioner was not guilty of capital murder but deadlocked on a lesser count. The trial judge declared a mistrial. The Supreme Court held that since petitioner was not acquitted of capital or first-degree murder, even though the forewoman announced in open court that the jury was “unanimous against” convicting Blueford of those crimes, he nevertheless could be retried for capital murder.

5th Vacates Sentence Based Upon Improper 16-Level Enhancement for Crime of Violence

In USA v. Felipe Esparza-Perez, Case No. 11-50090-CR,  Defendant pleaded guilty to attempting to reenter the United States unlawfully after removal, in violation of 8 U.S.C. § 1326. At sentencing, the
district court enhanced D's offense level by 16 levels based a prior Arkansas conviction for aggravated
assault on the basis that it was a conviction for a crime of violence within the meaning of U.S.S.G. 2L1.2(b)(1)(A)(ii). The 5th vacated D's sentence finding that he was not convicted of “aggravated assault” for sentencing enhancement purposes because his crime of conviction lacks proof of an
underlying assault.

US Sentencing Commission meeting this week to consider guideline amendments

A public meeting of the [US Sentencing] Commission is scheduled for Tuesday, January 10, 2012, at 2:00 p.m. And on the official agenda is "Possible Votes to Publish Proposed Guideline Amendments and Issues for Comment."

Pacer App Developed by UCLA Law Grad Is Free for the Holidays

Lawyers who want to search and view federal court records on their iPhones can use a new iPhone app developed by a recent law grad.

The app, FedCtRecords, usually costs $19.99 but it’s free for the holidays, report the Wall Street Journal Law Blog and iPhone J.D.

No Charges Recommended for Prosecutors in Sen. Ted Stevens Case

ABA Journal reports the special prosecutor who investigated the case against late Alaska Sen. Ted Stevens is not recommending criminal contempt charges against any of the Justice Department attorneys who tried him despite finding widespread misconduct beyond what has yet been publicly revealed.