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9th Circuit: District Court Improperly Deferred to Nevada Supreme Court in AEDPA Analysis

Loaded on April 19, 2018 by David Reutter published in Criminal Legal News May, 2018, page 26
Filed under: Disabled Prisoners, AEDPA. Location: Nevada.

by David Reutter

The Ninth Circuit Court of Appeals held a Nevada federal district court erred in its analysis under the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”) by deferring to a state court’s determination that a death-sentenced prisoner was not intellectually disabled. The Court further held the ruling in ...

 

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  1. Parallel Construction: Building Criminal Cases Using Secret, Unconstitutional Surveillance
  2. New York Times Investigation Spotlights NYPD Practice of ‘Testilying’, by Derek Gilna
  3. New Washington State Law Removes ‘Actual Malice’ Roadblock in Police Prosecutions, by Derek Gilna
  4. Arizona Supreme Court Announces Defendants May Claim Both Self-Defense and Misidentification, by Richard Resch
  5. Iowa Supreme Court Announces Indecent Exposure Statute Does Not Apply to Still Images of Genitals, by Dale Chappell
  6. $175,000 Settlement Reached in Lawsuit Alleging Officers Literally Tried to Feed Graffiti Suspects to K-9s, by Christopher Zoukis
  7. New Jersey Supreme Court Interprets Criminal Harassment Statute to Avoid First Amendment Problem, by Christopher Zoukis
  8. Prosecutors’ Offices Taking Thousands in Grant Money, Fueling Crackdown on Sex Buyers, by Steve Horn
  9. $325,000 Paid by Sheriff’s Office to Settle Fatal Shooting Case Over Not Wearing Seat Belt, by Derek Gilna
  10. Privacy Advocates Concerned About Google AI and Pentagon Drone Surveillance, by Derek Gilna
  11. Intellectual Disability and Wrongful Conviction in Death Cases: A Lethal Combination, by David Reutter
  12. Philadelphia Tests Automating the Bail Risk Assessment Process, by David Reutter
  13. Eighth Circuit: Teague Analysis Bars Retroactive Application of Padilla Ineffective Assistance of Counsel Claim, by Christopher Zoukis
  14. The ‘Office Shuffle’: Ohio Police Recycle Bad Apples Among Rural Departments, by Matthew Clarke
  15. Former Civil Rights Lawyer Krasner Puts Justice Reform into Practice as New Philly DA, by Derek Gilna
  16. Mississippi Supreme Court Reverses Conviction Ruling; State Failed to Prove ‘Constructive Possession’ of Marijuana, by Dale Chappell
  17. Sixth Circuit Denies Qualified Immunity for Officers in No-Knock Home Entry Case, by Richard Resch
  18. Sentencing Court’s Grant of Prior Custody Credit was Not ‘Clear Error’ to Allow for Removal, by Dale Chappell
  19. NYU Students Form Dollar Bail Brigade to Help Free New Yorkers Held on $1 Bail, by Christopher Zoukis
  20. Illinois Supreme Court Strikes Down Part of Two Stalking Statutes as Unconstitutional, by Richard Resch
  21. Texas District Attorney Stops Prosecuting Trace Drug Cases
  22. Trenton Police Officers’ ‘Violent’ Comments Captured on Body Camera, by Derek Gilna
  23. Kansas Supreme Court Rules Grant of ‘Use’ Immunity Insufficient to Compel Testimony, by Richard Resch
  24. Massachusetts High Court Vacates Felony-Murder Conviction for Failure to Suppress Cellphone Search, by Christopher Zoukis
  25. Study: Unionized Police? Increased Misconduct, by Derek Gilna
  26. Utah Supreme Court Changes Course on Admissibility of Preliminary Hearing Testimony at Trial, by Christopher Zoukis
  27. 9th Circuit: District Court Improperly Deferred to Nevada Supreme Court in AEDPA Analysis, by David Reutter
  28. California Supreme Court Grants Habeas Petition and Vacates Capital Murder Conviction Due to False Expert Testimony at Trial, by Richard Resch
  29. Controversial Police Interrogation Technique That Often Results in False Confessions Abandoned by Influential Training Consultant, by Matthew Clarke
  30. $42 Million Paid Out in Decade of New Jersey Police Criminality, Abuse
  31. First Circuit Modifies Emergency Aid Doctrine for Warrantless Entry of a Home, by Richard Resch
  32. Texas Quietly Authorizes Nation’s First Public Safety Employees Treatment Courts, by Matthew Clarke
  33. Kansas Supreme Court Nixes Probation After Full Sentence of Confinement Served, by Edward Lyon
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  42. The Sex Offender Registry: It’s Not What You Think, by Sandy Rozek
  43. Congressional Spending Bill Provision ‘Clouds’ Constitutional Rights in Criminal Probes, by Steve Horn
  44. Seventh Circuit Finds Plain Error Where Guilty Plea Accepted Without Rule 11 Colloquy, by Christopher Zoukis
  45. Guilty Plea Does Not Foreclose Challenge To Constitutionality Of Conviction, U.S. Supreme Court Decides, by Brandon Sample
  46. Texas Court of Criminal Appeals Holds Defendant Entitled to Self-Defense Jury Charge if There is Any Evidence to Support It, by Matthew Clarke
  47. From the Editor, by Richard Resch
  48. N.Y.’s Top Court Clarifies Freedom of Information Exemption for Disclosure of Confidential Sources of Information, by Christopher Zoukis
  49. News in Brief

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