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North Dakota Supreme Court Reinstates Postconviction Relief Application Dismissed Without Notice of Motion for Summary Disposition
by Matt Clarke
The Supreme Court of North Dakota held that a district court erred when it dismissed a prisoner’s application for postconviction relief after the State filed its answer “but was not put on notice that the State had effectively motioned for summary disposition” of the ...
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More from this issue:
- News in Brief
- Another Life Ruined as a Result of a Bad Cop and Failure to Follow Policy, by Douglas Ankney
- Stop Peeking Inside the Black Box
- Over a Year After Cook County Bail Reform, Jails Are Still Full, by Dale Chappell
- $250,000 Awarded to Woman Who Spent 96 Days in Jail, by Douglas Ankney
- Getting Rid of the ‘X’, by Jayson Hawkins
- FBI Using Private Ancestry Databases to Zero in on Suspects, by Edward Lyon
- Misconduct Suits Against New York City Police Department on the Rise, by Douglas Ankney
- Study: Technology Creates and Embeds Bias in the Criminal Justice System, by Douglas Ankney
- Modern Forensics Findings Not Always 100 Percent Reliable, by Edward Lyon
- Police Want Unfettered Access to Consumer DNA Databases, by Kevin Bliss
- Court’s in Session: The Honorable Algorithm Presiding, by Douglas Ankney
- Prosecutors Use Blacklists to Keep Dishonest Officers out of the Courtroom, by Kevin Bliss
- Taking Pictures in the Dark: Florida Police Not Forthcoming About Investigations Using Facial Recognition Software, by Douglas Ankney
- Killer Cops and Vilified Victims, by Jayson Hawkins
- Ohio Mayor’s Courts Are Huge Sources of Unjust Revenues, by Edward Lyon
- In a Rare Move, California Court of Appeal Discharges Prisoner from All Forms of Custody, Including Parole, After Finding Time Served in Prison Grossly Disproportionate to His Offense, by Douglas Ankney
- Fourth Circuit Tosses Evidence Discovered by Illegal GPS Tracker, by Dale Chappell
- Hawai’i Supreme Court: Cumulative Effect of Multiple Instances of Prosecutorial Misconduct Requires Reversal, by Douglas Ankney
- D.C. Circuit Holds Expert’s False Testimony ‘Material,’ Allowing Challenge to Four-Decade-Old Murder Conviction, by Dale Chappell
- Ninth Circuit Rules Robbery Committed Alone by Gang Member Not Enough for California Gang Enhancement, Despite Testimony of Gang Expert, by Dale Chappell
- Fourth Circuit Rules Assault on Government Official Under North Carolina Statute Not a ‘Crime of Violence’, by Chad Marks
- Eighth Circuit: Forfeited Claim of Miscalculated Criminal History Score Is Reviewable Under Plain Error Standard, by Douglas Ankney
- Violence in the House: Studies Find Cops’ Families Live Dangerous Lives, by Edward Lyon
- Ohio Supreme Court: Plea Defendant Must Be Informed of Maximum Penalty for Postrelease-Control Violation Prior to Pleading Guilty to a New Felony, by David Reutter
- Police Avoid Negative Publicity by Routinely Withholding Body-Cam Footage, by Kevin Bliss
- Indiana Supreme Court: IAC Where Lawyer Marks ‘Not Applicable’ to Immigration Consequences Warning on Court’s Advisement Form Without Knowing Client’s Immigration Status, by David Reutter
- Hawai’i Supreme Court Announces New Rule Requiring Tachibana Colloquy in All Trials, by Douglas Ankney
- Kansas Supreme Court: Correcting Illegal Sentence After Fully Served Violates Prohibition Against Double Jeopardy, by Matthew Clarke
- Missouri Supreme Court Issues Writ of Prohibition Prohibiting Circuit Court From Revoking Probation After Probation Term Had Already Expired, by Douglas Ankney
- Forced Self-Incrimination, by Larry N.
- Second Circuit Holds Government’s Misleading Disclosure of Inculpatory Statement Requires New Trial, by Dale Chappell
- Prosecutorial Power Used Too Often to Stop Prisoners From Getting Second Chance at Life, by Chad Marks
- 11th Circuit Holds Conviction Under Georgia’s Aggravated Assault Statute Is Not a ‘Crime of Violence’ When Based Upon a Mens Rea of Recklessness, by Douglas Ankney
- Attempted Felony-Murder Is Not a Cognizable Crime in West Virginia, by Douglas Ankney
- Arkansas Supreme Court Rules Justification Defense Available When Charged With Manslaughter, by David Reutter
- Washington Supreme Court Rules Attenuation Doctrine Inapplicable Where Police Illegally Seize Person Followed by Ferrier Warnings and Consent to Search, Evidence Must Be Suppressed, by Douglas Ankney
- Fifth Circuit Rules Evidence of Counsel’s Dual Representation of Defendant and Codefendant Results in Possible Actual Conflict of Interest Requires Evidentiary Hearing, by Dale Chappell
- North Dakota Supreme Court Reinstates Postconviction Relief Application Dismissed Without Notice of Motion for Summary Disposition, by Matthew Clarke
- Oregon Supreme Court: State Constitution Requires Warrant to Specify When Internet Searches Occurred, by Mark Wilson
- Maryland Court of Appeals Holds Valid Prescription Constitutes ‘Verbal Act’ Thus Not Barred From Evidence as Hearsay When Basis for Statutory Defense, by Dale Chappell
- Second Circuit Rules District Court Improperly Denied Coram Nobis Petition Claiming Ineffective Assistance of Counsel, by Douglas Ankney
- Massachusetts Supreme Judicial Court Announces in Case of First Impression That Police Causing Cellphone to Reveal Its Real Time Location Is a Search Under State Constitution, by Douglas Ankney
- Eighth Circuit Finds Child Porn Sentence ‘Substantively Unreasonable’, by Dale Chappell
- Fourth Circuit Rules Government Breached Plea Agreement When It Failed to Honor Its Drug Conduct Stipulation at Sentencing, by Chad Marks
- Compelled Decryption Primer, by National Association of Criminal Defense Lawyers Fourth Amendment Center
- Illinois Enacts Youthful Parole for Some, by Clifford Powers
- Judge Weinstein Holds that an Appeal Waiver Provision in a Plea Agreement that Seeks a Waiver of All Collateral Rights Is Impermissible Under the Constitution Unless it Specifically Enumerates All Exceptions Required by Law So that a Defendant Has Notice, by Punch & Jurists
- Ninth Circuit: Washington State Accomplice Liability Drug Offenses Not ACCA Predicates, by Mark Wilson
- Locking Up Drug ‘Dealers’ to Save Users Doesn’t Make Anyone Safer, by Alyssa Stryker
- Jury Takes Just 9 Minutes to Find Man Who Blared ‘F--k tha Police’ Toward Cops Not Guilty, by Dale Chappell
- Policing for Profit: Justice Reformers Chip Away at Civil Asset Forfeiture, by Noreen Marcus
More from Matthew Clarke:
- Report Finds Bad Forensic Evidence Leads to More Wrongful Convictions and Establishes Forensic Errors Typology, May 15, 2024
- Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character, April 15, 2024
- Condemned Texas Prisoner Ruled Too Mentally Ill to Execute, April 1, 2024
- $9,000 Settlement in Wisconsin Prisoner’s Heat-Related Illness Suit, April 1, 2024
- Oklahoma Jail Withholds Death Records, Fails to Report Five Since 2018, April 1, 2024
- North Carolina Court of Appeals Reinstates Parolee’s Parental Rights, Says Parole Conditions Barred Him from Visiting Minor Daughter, April 1, 2024
- Federal Prisoners Released Under First Step Act Show 37% Reduction in Recidivism, April 1, 2024
- Arizona Supreme Court Reverses Summary Judgment for Corizon Health in State Prisoner’s Death from Untreated Diabetes, April 1, 2024
- Nebraska Supreme Court Announces Probation Search Unlawful When Conducted After Original Term Expired and Before Hearing on Extending Term, March 15, 2024
- California Court of Appeal Reverses Denial of Full Resentencing Under SB 483, March 15, 2024
More from these topics:
- From Prison Cook to Praised Pizza Chef, April 1, 2024. Post-release, ex-offender, re-entry, jobs.
- Moms Released from Massachusetts Prison Decry Dearth of Help, March 1, 2024. Children of Prisoners, Post-release, ex-offender, re-entry, housing, jobs.
- Second Circuit Revives N.Y. Prisoner’s Suit Over Sing Sing Fire, 11 Other Prisoners Split $220,000 Settlement, Jan. 1, 2024. Failure to Protect (General), Fire Hazards, Administrative Exhaustion (PLRA), Summary Judgment, Evidentiary Ruling, Administrative Exhaustion.
- In Suit Over Moldy Cells Causing Fungal Infection, Illinois Warden Denied Summary Judgment Wins Anyway, Dec. 1, 2023. Respiratory, Ventilation, Sanitation, Summary Judgment, Expert Witnesses.
- No Summary Judgment for Private Transportation Company in Maryland Detainee’s Suit Alleging “Horrific” 2,000-Mile Journey, Sept. 15, 2023. Transport Companies, Transportation, Summary Judgment.
- Former Federal Prisoner Markets Game App He Developed Behind Bars, May 9, 2023. Education, Computers, Post-release, ex-offender, re-entry.
- Nevada Muslim Prisoner Wins Suit Over Denial of Jumu’ah Prayer, Jan. 1, 2023. Summary Judgment, Settlements, Required Religious Programming.
- Ex-Prisoner Re-Elected to New York State Assembly, Jan. 1, 2023. Post-release, ex-offender, re-entry, Felon Disenfranchisement Statute.
- Former Felons Elected to the Rhode Island House of Representatives, Dec. 21, 2022. Post-release, ex-offender, re-entry, Who is the "Government"?.
- Nebraska Supreme Court Says Revocation of Post-Release Supervision Does Not Bar Prisoner From Earning Good Time Credit, Oct. 31, 2022. Post-release, ex-offender, re-entry, Probation, Parole & Supervised Release.