by Matt Clarke
The Supreme Judicial Court of Maine reversed a defendant’s domestic violence conviction after finding her attorney was ineffective for opening the door to prejudicial evidence about her parenting and failing to object to the prosecutor’s improper introduction of evidence about having a child removed from her home.
Meghan M. Pratt wanted to cut her daughter’s hair, but the daughter refused. Pratt picked up scissors and moved toward her daughter. A struggle ensued but ended without injuries. Then Pratt left to run an errand.
When Pratt returned, she told her daughter that she would have to be punished for disobeying her mother. The daughter said, “You aren’t even a mother to us.” Pratt smacked the daughter’s face with her right hand, leaving a bruise that persisted for several days, and then held her daughter with both hands, not releasing her until she had calmed down.
Pratt was charged with domestic violence assault under 17-A M.R.S. § 207-A(1)(A). During opening statements at her jury trial, the State introduced the parental discipline justification as a potential defense. Defense counsel responded in opening statements by introducing the issue of “family dynamics” and the principle that parents are legally justified in using reasonable ...
by Matthew Clarke
The Supreme Court of Nebraska held that a term of probation cannot be extended beyond its expiration date based on the mere fact that an Information for Revocation of Probation (“IRP”) had been filed and a revocation hearing could not reasonably be scheduled prior to the expiration ...
by Matt Clarke
The Court of Appeal of California, Sixth Appellate District, issued an opinion reversing a trial court’s refusal to apply Senate Bill (“SB”) 483 to a previously-remanded sentence. It also held that the trial court was not required to strike a prior serious felony enhancement.
An 86-count indictment ...
by Matt Clarke
The U.S. Court of Appeals for the Sixth Circuit held that the policies and practices of Wayne County, Michigan, in pursuing the civil forfeiture of vehicles seized by police violate the Fourteenth Amendment’s Due Process Clause because prosecutors took months to decide whether to proceed with forfeiture ...
by Matt Clarke
The Supreme Court of Indiana held that civil forfeiture triggers the right to a jury trial.
As Alucious Kizer fled from a traffic stop, he discarded 74 grams of methamphetamine, 67 grams of fentanyl,12 grams of cocaine, and 10 grams of crack cocaine. Police recovered the drugs ...
by Matt Clarke
In the early 20th century, mass production of automobiles caused a fundamental shift in American culture. One aspect of the emergent Car Culture was an increased number of interactions between police and the public that was largely absent during the horse-and-buggy era. Many of the police interactions ...
by Matt Clarke
Improper forensic evidence played a part in 1 out of 5 wrongful convictions listed in the National Registry of Exonerations as of September 2023. Studies show that jurors cannot distinguish between low-quality and high-quality forensic testimony. Yet, those same jurors are overconfident in believing they understand the ...
by Matthew Clarke
Ever since it was used to identify the Golden Gate Killer in 2018, Forensic Genetic Genealogy (“FGG”) has been accepted by law enforcement as a tool for identifying unknown suspects. Most people view it as just another DNA profiling method, similar to that used to create the ...
by Matt Clarke
The U.S. Court of Appeals for the First Circuit held that the U.S. District Court for the District of Puerto Rico’s upward variant sentence after revocation of supervised release in a case for conspiracy to possess cocaine with intent to distribute was “procedurally and substantively unreasonable because ...
by Matt Clarke
The Supreme Court of Kentucky reversed convictions for first-degree wanton endangerment (“FDWE”) and first-degree persistent felony offender, holding that the trial court erred by failing to give a second-degree wanton endangerment (“SDWE”) jury instruction when the admitted evidence supported such an instruction.
Dwight Taylor met A.P. at ...
