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Ninth Circuit Rules Detective’s Persistent Questioning After Invocation of Right to Counsel Entitles California Prisoner to Habeas Relief

Loaded on Dec. 4, 2018 by Richard Resch published in Criminal Legal News December, 2018, page 26
Filed under: Police Misconduct, Arrest and Booking, Appointment of Counsel, Habeas Corpus. Location: California.

by Richard Resch

The U.S. Court of Appeals for the Ninth Circuit held that a California prisoner convicted of murder is entitled to habeas relief because a detective continued to interrogate him even after he clearly and repeatedly invoked his right to counsel, and the detective’s persistent unlawful badgering eventually ...

 

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  1. Dallas County Private Bail Hearings Leave People Languishing Behind Bars, by Kevin Bliss
  2. New App Makes It Simple for Civilians to Record Police Encounters
  3. Sex Offender Registration Biased Against Blacks, by Kevin Bliss
  4. Arizona Supreme Court Strikes Law Categorically Banning Bail for Sexual Assault as Unconstitutional, by Dale Chappell
  5. $384 Million Paid Out by New York City in Last Five Years for Police Misconduct, by Derek Gilna
  6. ACLU Report: A Tale of Two NYCs When It Comes to Policing, by Derek Gilna
  7. Fourth Circuit Affirms District Court Ruling that Man Committed as ‘Sexually Dangerous’ Should be Released, by Christopher Zoukis
  8. Increase in Crime Registries Nationwide Not a Benefit to Society, by Kevin Bliss
  9. Ninth Circuit Grants Habeas for Appellate Lawyer’s Failure to Raise Denial of Self-Representation Claim, by Matthew Clarke
  10. Tenth Circuit Grants Habeas Relief When ACCA Predicate Offense No Longer Qualifies as ‘Violent Felony’, by Christopher Zoukis
  11. Chicago Judge Grants No-Money Bond in Murder Case, But Cook County Still Has a Long Way to Go, by Dale Chappell
  12. FBI Admits Vastly Inflating Number of Unsearchable Mobile Devices
  13. Oklahoma’s Railroading its Citizens into Prison, by Edward Lyon
  14. Second Circuit Announces Prisoners Have First Amendment Right Not to Snitch or Provide False Information to Prison Officials, by Richard Resch
  15. Under Fire, Long Beach Police Suspend Use of Self-Deleting Message App, by Betty Nelander
  16. Michigan Supreme Court Announces New Rule for Appointing Expert Witness for Indigent Defendants, No Longer Left to Trial Judge’s Discretion, by Dale Chappell
  17. Oregon Enhanced Drug Penalty ‘For Consideration’ Element Requires Proof of Drug Sale or Agreement to Sell, by Mark Wilson
  18. Orlando Police Continue to Test Amazon’s Facial Recognition Software Despite Privacy Concerns
  19. Pennsylvania State Senator Sends the Cops to Collect on Overdue Trash Bills Owed to His Company, by Christopher Zoukis
  20. Colorado Supreme Court Holds Ameliorative Amendments Apply Retroactively to Non-Final Convictions, by Dale Chappell
  21. First Circuit Orders Resentencing Where Trial Counsel Failed to Secure Three-Level Reduction Under Sentencing Guidelines, by David Reutter
  22. Federal Death Penalty Prosecutors Accuse One Another of Destroying Evidence and Other Misconduct in Discrimination Lawsuit, by Shawn Musgrave, Brooke Williams
  23. Ninth Circuit Rules Detective’s Persistent Questioning After Invocation of Right to Counsel Entitles California Prisoner to Habeas Relief, by Richard Resch
  24. Texas Court of Criminal Appeals Reverses Conviction for Improper Lesser-Included-Offense Determination, by Christopher Zoukis
  25. Washington Supreme Court Announces State’s Death Penalty Is Unconstitutional, by Richard Resch
  26. Snarky Facebook Post Not True Threat; Officers Denied Qualified Immunity, by David Reutter
  27. Sixth Circuit Grants Habeas Relief When Juror Failed to Disclose History of Sexual Abuse in Sexual Assault Case, by Christopher Zoukis
  28. New York Court of Appeals: Excited Utterance Must Be Based on Personal Observation to Be Admissible as Exception to Hearsay Rule, by Dale Chappell
  29. Three Reasons Why the Supreme Court Should Eliminate the Doctrine of Qualified Immunity, by Christopher Zoukis
  30. Seventh Circuit: Habeas Petition Challenging § 841 Recidivism Sentence Enhanced with Vacated State Convictions is Not Time-Barred by § 851(e) Statute of Limitations, by Christopher Zoukis
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