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Maine Supreme Court: State Must Provide Evidence to Support Probation Revocation
by Dale Chappell
The State carries the burden of proving that a probationer has violated his probation in order to support a revocation of probation, the Maine Supreme Court held on December 12, 2017.
Cory Kibbe was sentenced in 2004 to 20 years in prison, with all but four years ...
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More from this issue:
- Civil Asset Forfeiture: Unfair, Unjust, Un-American, by Christopher Zoukis
- News in Brief
- Driver’s License Required for Conviction as Florida Habitual Traffic Offender, by David Reutter
- DNA Sketches Answer Prayers, Raise Concerns, by Dale Chappell
- Research Needed: Do Drug Dogs Respond to Drugs or Handler?, by Christopher Zoukis
- Questioning the Use of DNA Testing Software in Criminal Prosecution, by Christopher Zoukis
- Maine Supreme Court: State Must Provide Evidence to Support Probation Revocation, by Dale Chappell
- Texas Court of Criminal Appeals: Right to Appeal Judge’s Questioning Not Forfeited by Failure to Object, by Dale Chappell
- Washington Court of Appeals Reverses Murder Conviction Due to Prejudicial PowerPoint, by Richard Resch
- Louisiana Indigent Defendants Face Death Penalty Without Lawyers, by Christopher Zoukis
- Two-Party Consent Law Forces Dismissal of 61 Cases in Washington Sting
- Georgia Supreme Court Reverses Mutually Exclusive Guilty Verdicts, by Christopher Zoukis
- Few Indigent Defendants Have Lawyer at Arraignment, by Mark Wilson
- Ohio Supreme Court: Courts Can Seal Case Records Prior to Expiration of Statute of Limitations, by Dale Chappell
- Massachusetts Supreme Court: Sleeping Juror Is “Structural Error,” Requires Intervention, by Dale Chappell
- CA Court Rejects Inventory Search and Inevitable Discovery Arguments in Warrantless Search Case, by Richard Resch
- California Court of Appeal: Prior Felony Does Not Convert “Wobbler” Into Felony, by Dale Chappell
- Idaho Supreme Court: Suspicionless Fishing Expeditions Not Tolerated, by David Reutter
- Georgia Supreme Court Instructs Federal Courts on Its Habeas Review Process, by Richard Resch
- Houston Police End Use of Error-Prone Drug Field Tests, by Matthew Clarke
- After 21-Year Imprisonment, Wrongfully Convicted Nevada Man Pardoned, by Christopher Zoukis
- First Circuit: Plain Error Standard Met When Trial Court Emphasized Erroneous Jury Instruction, by Dale Chappell
- New York Court of Appeals: Bail Bondsmen May Not Keep Premium If Defendant Not Released
- Use of Sentencing Mitigation Videos Grows, by Derek Gilna
- DNA Evidence: New Jersey Court Vacates Two 1996 Murder Convictions, by Mark Wilson
- Curb False Confessions: Provide Suspects With Lawyers, by Derek Gilna
- Fifth Circuit: “Fugitive from Justice” Enhancement Requires Intent to Avoid Prosecution, by Dale Chappell
- Mississippi Capital Murder Conviction Reversed Due to Prosecutorial Misconduct, by Christopher Zoukis
- Court of Criminal Appeals of Texas: Holds Trial Objection Enough to Preserve Issue for Appeal, by Dale Chappell
- $2 Million to Disabled Syracuse Man Tased by Cops, by Dale Chappell
- Hawaii Supreme Court: Defendants Entitled to Hearing Within 2 Days, by Dale Chappell
- Seventh Circuit: Capital Case Defendant Denied Pro Se Right Granted Habeas Relief, by Christopher Zoukis
- Jury Nullification: A Crucial Check on Government Power, by Christopher Zoukis
- U.S. Murder Clearance Rates Among Lowest in the World, by Matthew Clarke
- California Legalization of Marijuana Allows Convicted to Petition, by Derek Gilna
- Second Circuit Vacates 60-Month Sentence in Model Guidelines Sentencing Decision
- California Court of Appeal: Prejudice “Presumed” Where Jury Discussed Defendant’s Decision Not to Testify, by Dale Chappell
- Massachusetts Supreme Court: Permanent Ban on Sealing Record of Sex Offender Unconstitutional, by Dale Chappell
- Rhode Island Supreme Court Rules “Backseat Driver” Is a Real Thing Under Criminal Statutes, by Christopher Zoukis
- Iowa Supreme Court: Search of Third-Party at Premises Subject to Warrant Violates State Constitution, by Richard Resch
- Survival Tip: Don’t Call Cops If You’re Disabled, by Dale Chappell
- San Francisco and San Diego Expunging Marijuana Convictions Under Prop 64
- Ninth Circuit: Government Cannot Seize Cash Based Solely on Money’s Intended Use, by Christopher Zoukis
- Unjust Sexual Offense Laws: Insanity and Hope, by Brenda Jones, Ken Abraham
- Oregon Appeals Court: Defense Counsel Constitutionally Inadequate in Sexual Abuse Case, by Mark Wilson
- Ninth Circuit Warns Prosecutors Against Interfering With Defendants’ Legal Representation; Reverses First-Degree Murder Convictions, by Richard Resch
- $5.5 Million Verdict Against LAPD for Taser Death of Former Marine, by Derek Gilna
- Overworked Missouri Public Defenders Fear Suspensions and Firing, by Mark Wilson
- Prosecutor’s “Animosity” Toward Defense Leads Oregon Appeals Court to Vacate Convictions, by Mark Wilson
- $9.5M Settlement Approved by Chicago City Council for Yet Another Excessive Force Case, by Derek Gilna
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:
- Kentucky Supreme Court Clarifies When Lesser-Included Offense Instruction Must Be Provided, Reverses Convictions Based on Trial Court’s Failure to Properly Instruct Jury, Dec. 15, 2023. Jury Instructions, Criminal Procedure, Fair Trial, Verdicts.
- Georgia Enacts Massive Probation Reform Bill, Oct. 1, 2021. Probation.
- Mississippi Supreme Court: Cannot Declare Mistrial on All Counts After Jury’s Acquittal on Some Counts, Nov. 15, 2020. Criminal Procedure, Fifth Amendment.
- Prosecutors Get Real Look at Life After Prison, Feb. 4, 2020. Prosecutors, Release and Reentry, Parole, Probation.
- Illinois Supreme Court: Statute Banning All Sex Offenders on Probation From Accessing or Using Social Networking Websites Facially Unconstitutional, Jan. 21, 2020. Sex Offenders (Discrimination), Probation.
- New York Stops Testing Probationers for Marijuana Use, Dec. 10, 2019. War on Drugs, Probation.
- In Landmark Opinion, Colorado Supreme Court Announces Courts May Not Sentence Defendant to Both Prison and Probation in Multi-Count Cases, Nov. 18, 2019. Sentencing, Probation.
- Oregon Trial Court Abused Discretion in Revoking Probation Without Violation, Oct. 20, 2019. Probation.
- Pennsylvania Supreme Court: Probationer Must Violate Specific Condition of Probation or Commit New Crime to Be Found in Violation, Oct. 14, 2019. Probation.
- Missouri Supreme Court Issues Writ of Prohibition Prohibiting Circuit Court From Revoking Probation After Probation Term Had Already Expired, June 17, 2019. Probation.
