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New Mexico Supreme Court: Seriousness of Charged Crime Itself Not Sufficient to Deny Defendant Pretrial Release
by Dale Chappell
A court must not automatically consider any single factor to be dispositive when deciding whether to deny or grant pretrial release, but must consider several factors on the record to determine if an accused must be detained, the New Mexico Supreme Court held.
Mariah Ferry, having been ...
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More from this issue:
- How Coercive Interrogations Can Lead to a False Confession, by Brian Leslie
- $9 Million Settlement in Baltimore Wrongful Conviction Case, by Christopher Zoukis
- Fifth Circuit Affirms Habeas Relief Granted to Louisiana Prisoner Who Overcame SOL by ‘Credible Showing of Actual Innocence’, by Christopher Zoukis
- Minneapolis Police Used EMS Staff to Drug Certain Suspects, Report Says, by Betty Nelander
- U.S. Supreme Court: Drivers of Rental Cars Not on Rental Agreement Have Expectation of Privacy, by Dale Chappell
- Seventh Circuit: ‘Force’ for Aggravated Sexual Abuse Requires ‘Physical Force,’ Not Psychological Coercion, by Christopher Zoukis
- U.S. Supreme Court’s Carpenter Decision a Warning to Police on Warrantless Data Searches, by Derek Gilna
- Washington Supreme Court Clarifies Process by Which Insanity Acquittees May Petition for Release, by Christopher Zoukis
- SCOTUS’ Unanimous Death-Penalty Jury Verdict Decision Affecting Florida Cases, by Derek Gilna
- New Kansas Law Compensates Those Wrongfully Convicted, by Dale Chappell
- Georgia Defense Attorney Wins Another ‘Jury-Nullification’ Case, by Derek Gilna
- New Jersey Appellate Division Extends Urbina Self-Defense Rule to Defense of Others in Plea Allocution, by David Reutter
- Virginia Supreme Court Holds Convictions for Common Law and Statutory Involuntary Manslaughter Violate Double Jeopardy Clause, by Dale Chappell
- Cato Institute: Require Cops to Carry Liability Insurance, by Christopher Zoukis
- SCOTUS Issues Landmark Fourth Amendment and Digital Privacy Opinion in Carpenter
- Eighth Circuit Rules Officer’s Inability to Read Temporary Vehicle Tag Does Not Justify Traffic Stop, Evidence Obtained Must be Suppressed, by Christopher Zoukis
- First Circuit Holds Appeal Not Barred by Plea Agreement Waiver Provision When Sentence Exceeds Agreement, by David Reutter
- New York City Decriminalizes Some Public Smoking of Marijuana in Policy Shift, by Derek Gilna
- Can Cops Shoot a Fleeing Suspect in the Back?, by Dale Chappell
- Texas Courts Rubber Stamp Post-Conviction Fact Findings in Death Penalty Cases, Study Says, by Matthew Clarke
- New Jersey AG Intervenes in Possible Wrongful Conviction Case, Considers Reforms, by Christopher Zoukis
- Hawaii Supreme Court Vacates Conviction Due to Prosecutor’s Bogus Argument Attacking Defense Counsel, by Matthew Clarke
- Drug Detection Using Fingerprints in the Works, by Matthew Clarke
- Sixth Circuit Reverses Relevant Conduct Firearm Enhancement Because No Connection Between Possession Charges Based on Two Separate Shootouts, by Christopher Zoukis
- Kansas Supreme Court: Deadly Weapon-Use Finding Prerequisite to Imposing Violent Offender Registration Requirement, by Matthew Clarke
- Third Circuit Grants Habeas Relief to Prisoner Convicted of First-Degree Murder Without Evidence of Specific Intent to Kill, by Christopher Zoukis
- Why Sex Offender Registries Keep Growing Even as Sexual Violence Rates Fall, by Steven Yoder
- NYPD’s Lack of Disciplinary Record Transparency Frustrates Prosecutors, by Betty Nelander
- Maryland’s Top Court Rules Actual Notice by Trial Judge Unnecessary to Trigger Hearing Requirement On Defendant’s Request to Replace Defense Counsel, by Christopher Zoukis
- Immigration Authorities Seize Wrongfully Convicted Man After Release, by Matthew Clarke
- Chicago Tries to Reduce Deficit at its Poorer Citizens’ Expense, by Edward Lyon
- Kansas (Finally) Outlaws Sex Between Cops and Detained Citizens
- California Property Owners Billed for Their Own Prosecution, by Christopher Zoukis
- What Some Prison Sentence Lengths Actually Reflect, by Edward Lyon
- Trial Lawyer Advocates ‘Jury Nullification’ To Acquit the Unjustly Accused, by Derek Gilna
- Academic Paper Highlights Need to Tighten Rules for Fingerprint Evidence in Light of False-Positive Error Rate, by Steve Horn
- New York City Gang Database Increases 70 Percent Since 2014, by Derek Gilna
- South Dakota Supreme Court Rules that Trial Court Cannot Reject a Plea Agreement It Already Implicitly Accepted, by Christopher Zoukis
- New Mexico Supreme Court: Seriousness of Charged Crime Itself Not Sufficient to Deny Defendant Pretrial Release, by Dale Chappell
- Iowa Supreme Court: Relief from Conviction Not Required When Suing for Legal Malpractice Based on Wrongful Sentence, by Dale Chappell
- South Dakota Supreme Court Announces Search Incident to Arrest Exception to Warrant Requirement Does Not Apply to Collection of Urine Sample Upon Arrest, by Dale Chappell
- Armed and Dangerous: If Police Don’t Have to Protect the Public, What Good Are They?, by John W. Whitehead
- There’s No Rational Way to Justify America’s Drug Laws, by Maia Szalavitz
- News in Brief
- Secondary DNA Transfer: The Rarely Discussed Phenomenon That Can Place the Innocent (and the Dead) at a Crime Scene They’ve Never Been To, by Christopher Zoukis
More from Dale Chappell:
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, Jan. 1, 2023
- Federal Habeas Corpus: How to Raise an Actual Innocence Claim, Dec. 15, 2022
- Federal Habeas Corpus: Role of the Magistrate Judge, Nov. 15, 2022
- Federal Habeas Corpus: Obtaining Habeas Relief After a Guilty Plea, Oct. 15, 2022
- Government Snitches Rake in Millions as Their Testimony Is the Leading Cause of Wrongful Convictions, Sept. 15, 2022
More from these topics:
- After Stripping Crucial Jail Services, NYC Splurges on $90,000 in Submachine Guns for Rikers Island Guards, April 26, 2024. Jail Misconduct, Release and Reentry.
- 428 Georgia Prison Employees Criminally Charged in Five Years, April 1, 2024. Guard Misconduct, Criminal Prosecution, Statistics/Trends.
- Second Circuit Says New York Prisons Must Answer for Denying Court-Ordered Rehab, Feb. 1, 2024. Release and Reentry, Overdetention, Drug Treatment/Rehab, Unlawful Detention.
- Virginia Prisoner Wins Habeas Release on Ineffective Assistance of Counsel Claim, Oct. 15, 2023. Release and Reentry, Habeas Corpus, Ineffective Assistance of Counsel.
- New York Jailhouse Lawyer Wins Resentencing, Release, Oct. 15, 2023. Release and Reentry, Resentencing.
- Fifth Circuit Greenlights Suit by Louisiana Prisoners Held in Local Jails Beyond Release Date, March 1, 2023. Release and Reentry, U.S. Sentencing Guidelines, Excessive Charges.
- $1.1 Million Colorado Initiative Set to Assist Prisoners With More Employment Opportunities Upon Release, April 1, 2022. Release and Reentry, jobs.
- Fatal Shootings by Police Rarely Prosecuted, Feb. 15, 2021. Criminal Prosecution, Shootings, Excessive Force (Police).
- Charges Finally Announced 32 Months After South Carolina Prison Riot, Jan. 1, 2021. Prison Rebellion, Criminal Prosecution.
- Philadelphia Jails to Release Prisoners Earlier in the Day, Oct. 1, 2020. Release and Reentry.