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Alaska Supreme Court: Forcing a Defendant to Testify Is Structural Error Requiring Automatic Reversal
Loaded on Feb. 18, 2020
by Douglas Ankney
published in Criminal Legal News
March, 2020, page 22
Location:
Alaska.
by Douglas Ankney
In a case of first impression, the Supreme Court of Alaska announced that when a trial court forces a defendant to testify at his or her trial, it is a structural error not subject to harmless error analysis but always requires reversal.
Paino Manuel Alvarez-Perdomo was tried ...
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More from this issue:
- News in Brief
- Federal Rules Limit Searches of Private DNA Databases, by Jayson Hawkins
- Unsurprisingly Lenient Sentence for Rapist Cop, by Anthony Accurso
- Kim Kardashian Keeps Going, Helps Release D.C. Prisoner, by Dale Chappell
- Court Rulings Condemning Cash Bail Systems Increasing, by Edward Lyon
- More Crooked Cops in New York City Make the Naughty List, by Douglas Ankney
- For the Mentally Ill, Calling 911 Could Prove Deadly, by Edward Lyon
- Alabama Sheriff Denied Immunity for False Charges Against Whistleblower, by Anthony Accurso
- Police Still Have Access to Records That Are Supposedly Sealed, Suit Alleges, by Bill Barton
- DNA Contamination Threatened Conviction of Innocent Man, by Kevin Bliss
- White Cop Gets 10 Years for Murder; Black Kid Gets 10 Days for Oversleeping, by Douglas Ankney
- DA’s Office Files Bar Complaint on Its Own Former Prosecutor, by Anthony Accurso
- Tenth Annual NRC Report Magnifies Limits of Forensic Evidence, by Bill Barton
- Critics Claim Thin Blue Line Protects Cops and Prosecutors in Orange County, California, by Bill Barton
- Study Confirms Immigrants Sentenced More Harshly in Non-Immigrant Areas, by Dale Chappell
- Prosecutors Transform Due Process into ‘Dues Processed’, by Douglas Ankney
- New Tennessee Legislation Will Destroy Hundreds, Probably Thousands, of Families, by Sandy Rozek
- Employers are Adjusting to Hiring Ex-Offenders, by Anthony Accurso
- Federal Prosecutor’s Office in Kansas Considers It Acceptable to Listen to Attorney-Client Conversations, by Kevin Bliss
- Sixth Circuit Vacates Sentence Because District Court Relied on Uncharged Shooting Allegation for Upward Departure from Sentencing Guidelines Range, by Douglas Ankney
- Washington Supreme Court Remands for Resentencing Where State Failed to Prove Criminal History, by Douglas Ankney
- Washington Supreme Court Affirms Reversals of Murder Convictions, Overrules Townsend, by Douglas Ankney
- Texas Court of Criminal Appeals Announces New Test in Comparing Out-of-State Priors for Sentence Enhancement for Repeat Sex Offenders, by Michael Berk
- Vermont Supreme Court Rejects ‘Blanket Rule’ Requiring Fingerprinting in Misdemeanor Cases, by Dale Chappell
- Mississippi Supreme Court Abolishes ‘Pre-Arming’ Jury Instruction, by Dale Chappell
- Second Circuit Holds Appointment of Counsel for Direct Appeal Not Subject to Frivolousness Rule, by Dale Chappell
- Lies by Former Houston Cop Facing Murder Charge Might Affect Over 14,000 Cases, by David M. Reutter
- The ‘First Step’ Has Been Taken — What’s Next?, by Dale Chappell
- Ninth Circuit Affirms Habeas Relief Where Counsel Failed to Present Mitigating Evidence at Penalty Phase, by Douglas Ankney
- Georgia Supreme Court Reverses Conviction for Failure to Give Accomplice-Corroboration Jury Instruction, by Douglas Ankney
- California Court of Appeal Invalidates Title 15 § 3490(a)(5) of the California Code of Regulations, by Douglas Ankney
- Nevada Supreme Court Announces Rule for When Hearing Required on Fair-Cross-Section of Community Violation Claim in Jury Selection, by Dale Chappell
- Ohio Supreme Court Announces State Cannot Raise Fourth Amendment Standing Issue for First Time on Appeal, by Douglas Ankney
- Eleventh Circuit Holds Georgia’s Terroristic Threats Statute Not Violent Felony for ACCA, by Dale Chappell
- New York Court of Appeals Reverses Conviction Where Trial Court Negotiated Cooperation Agreement with Codefendant, by Anthony Accurso
- Nation’s First-Ever Nonprofit Forensics Laboratory Coming to Utah, by Douglas Ankney
- Hawai’i Supreme Court: Time Spent in Arizona Prison Counts Toward Speedy Trial Rule in Hawai’i, by Anthony Accurso
- Eleventh Circuit: Selling Body Armor Doesn’t Satisfy Sentencing Guidelines’ Definition of ‘Use’, by Douglas Ankney
- Fourth Circuit: Magistrate’s Failure to Warn of ACCA Enhancement Was Plain Error, by Douglas Ankney
- Ninth Circuit Vacates Unconstitutionally Vague Supervised-Release Conditions, by David M. Reutter
- Hawai’i Supreme Court Rules Search Warrant Failed to Satisfy the Particularity Requirement for Multiple-Occupancy Dwellings, by Douglas Ankney
- Massachusetts Supreme Judicial Court: When Exit Order is Unlawful, Evidence Obtained from Subsequent Search Must be Suppressed, by Douglas Ankney
- First Step Act Earned-Time Credits are Coming ... Eventually and Only to Some Prisoners, by Dale Chappell
- Alaska Supreme Court: Forcing a Defendant to Testify Is Structural Error Requiring Automatic Reversal, by Douglas Ankney
- California Court of Appeal: Electronics Searching Condition Struck in Mandatory Supervision Case, by Anthony Accurso
- Nevada Supreme Court: Parole Board May Petition To Modify Life Sentence, by Anthony Accurso
- Colorado Supreme Court Clarifies and Modifies Analytical Framework for Proportionality Reviews, by Douglas Ankney
- Attacking the Guilty Plea: The ‘Voluntarily and Knowingly Made’ Standard, by Dale Chappell
- Hawai’i Supreme Court Announces Degree of ‘Restraint’ Necessary to Support Kidnapping Conviction, by Douglas Ankney
- Prosecutorial Misconduct: Justice Denied as the System Turns a Blind Eye, by Christopher Zoukis
More from Douglas Ankney:
- Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them, May 15, 2024
- Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes, May 15, 2024
- Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means, May 15, 2024
- California Supreme Court: Jury’s Finding of Intent to Kill for Gang Enhancement, Standing Alone, Insufficient to Find Prisoner Failed to State a Prima Facie Case in § 1172.6 Petition for Resentencing on First-Degree Murder Conviction, May 15, 2024
- Non-Toxic Fluorescent Spray Reveals Fingerprints in Seconds, May 15, 2024
- New York Court of Appeals: SORA Designation Violates Defendant’s Due Process Rights Where Crime Involved No Sexual Contact or Motivation and Defendant Was Not a Sex Offender and Posed No Risk of Sexual Threat, May 15, 2024
- Massachusetts Supreme Judicial Court Announces Defendants Under Age 21 Ineligible for LWOP Sentences, May 15, 2024
- New Jersey Supreme Court Announces Extension of Eyewitness Identification Safeguards of Henderson to Pretrial Preparation Sessions and Provides Framework for Showing Photos During Pretrial Phase, May 15, 2024
- Sixth Circuit Announces Untimely Notice of Appeal That Provides Reason for Tardiness May Be Construed as Motion to Reopen, May 15, 2024
- $175,000 Awarded to Former California Detainee Whose Suit Prompted DOJ Investigation and Settlement Requiring Structural Changes at Jail, April 26, 2024