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Massachusetts Supreme Court: Sleeping Juror Is “Structural Error,” Requires Intervention

Loaded on Feb. 16, 2018 by Dale Chappell published in Criminal Legal News March, 2018, page 35
Filed under: Criminal Prosecution, Criminal Procedure. Location: Massachusetts.

by Dale Chappell

The Massachusetts Supreme Court reversed convictions for involuntary manslaughter and assault and battery and ordered a new trial because the trial judge failed to conduct voir dire after the prosecutor advised that some jurors fell asleep during trial.

Anthony Villalobos took his murder and assault charges to ...

 

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More from this issue:

  1. Civil Asset Forfeiture: Unfair, Unjust, Un-American, by Christopher Zoukis
  2. News in Brief
  3. Driver’s License Required for Conviction as Florida Habitual Traffic Offender, by David Reutter
  4. DNA Sketches Answer Prayers, Raise Concerns, by Dale Chappell
  5. Research Needed: Do Drug Dogs Respond to Drugs or Handler?, by Christopher Zoukis
  6. Questioning the Use of DNA Testing Software in Criminal Prosecution, by Christopher Zoukis
  7. Maine Supreme Court: State Must Provide Evidence to Support Probation Revocation, by Dale Chappell
  8. Texas Court of Criminal Appeals: Right to Appeal Judge’s Questioning Not Forfeited by Failure to Object, by Dale Chappell
  9. Washington Court of Appeals Reverses Murder Conviction Due to Prejudicial PowerPoint, by Richard Resch
  10. Louisiana Indigent Defendants Face Death Penalty Without Lawyers, by Christopher Zoukis
  11. Two-Party Consent Law Forces Dismissal of 61 Cases in Washington Sting
  12. Georgia Supreme Court Reverses Mutually Exclusive Guilty Verdicts, by Christopher Zoukis
  13. Few Indigent Defendants Have Lawyer at Arraignment, by Mark Wilson
  14. Ohio Supreme Court: Courts Can Seal Case Records Prior to Expiration of Statute of Limitations, by Dale Chappell
  15. Massachusetts Supreme Court: Sleeping Juror Is “Structural Error,” Requires Intervention, by Dale Chappell
  16. CA Court Rejects Inventory Search and Inevitable Discovery Arguments in Warrantless Search Case, by Richard Resch
  17. California Court of Appeal: Prior Felony Does Not Convert “Wobbler” Into Felony, by Dale Chappell
  18. Idaho Supreme Court: Suspicionless Fishing Expeditions Not Tolerated, by David Reutter
  19. Georgia Supreme Court Instructs Federal Courts on Its Habeas Review Process, by Richard Resch
  20. Houston Police End Use of Error-Prone Drug Field Tests, by Matthew Clarke
  21. After 21-Year Imprisonment, Wrongfully Convicted Nevada Man Pardoned, by Christopher Zoukis
  22. First Circuit: Plain Error Standard Met When Trial Court Emphasized Erroneous Jury Instruction, by Dale Chappell
  23. New York Court of Appeals: Bail Bondsmen May Not Keep Premium If Defendant Not Released
  24. Use of Sentencing Mitigation Videos Grows, by Derek Gilna
  25. DNA Evidence: New Jersey Court Vacates Two 1996 Murder Convictions, by Mark Wilson
  26. Curb False Confessions: Provide Suspects With Lawyers, by Derek Gilna
  27. Fifth Circuit: “Fugitive from Justice” Enhancement Requires Intent to Avoid Prosecution, by Dale Chappell
  28. Mississippi Capital Murder Conviction Reversed Due to Prosecutorial Misconduct, by Christopher Zoukis
  29. Court of Criminal Appeals of Texas: Holds Trial Objection Enough to Preserve Issue for Appeal, by Dale Chappell
  30. $2 Million to Disabled Syracuse Man Tased by Cops, by Dale Chappell
  31. Hawaii Supreme Court: Defendants Entitled to Hearing Within 2 Days, by Dale Chappell
  32. Seventh Circuit: Capital Case Defendant Denied Pro Se Right Granted Habeas Relief, by Christopher Zoukis
  33. Jury Nullification: A Crucial Check on Government Power, by Christopher Zoukis
  34. U.S. Murder Clearance Rates Among Lowest in the World, by Matthew Clarke
  35. California Legalization of Marijuana Allows Convicted to Petition, by Derek Gilna
  36. Second Circuit Vacates 60-Month Sentence in Model Guidelines Sentencing Decision
  37. California Court of Appeal: Prejudice “Presumed” Where Jury Discussed Defendant’s Decision Not to Testify, by Dale Chappell
  38. Massachusetts Supreme Court: Permanent Ban on Sealing Record of Sex Offender Unconstitutional, by Dale Chappell
  39. Rhode Island Supreme Court Rules “Backseat Driver” Is a Real Thing Under Criminal Statutes, by Christopher Zoukis
  40. Iowa Supreme Court: Search of Third-Party at Premises Subject to Warrant Violates State Constitution, by Richard Resch
  41. Survival Tip: Don’t Call Cops If You’re Disabled, by Dale Chappell
  42. San Francisco and San Diego Expunging Marijuana Convictions Under Prop 64
  43. Ninth Circuit: Government Cannot Seize Cash Based Solely on Money’s Intended Use, by Christopher Zoukis
  44. Unjust Sexual Offense Laws: Insanity and Hope, by Brenda Jones, Ken Abraham
  45. Oregon Appeals Court: Defense Counsel Constitutionally Inadequate in Sexual Abuse Case, by Mark Wilson
  46. Ninth Circuit Warns Prosecutors Against Interfering With Defendants’ Legal Representation; Reverses First-Degree Murder Convictions, by Richard Resch
  47. $5.5 Million Verdict Against LAPD for Taser Death of Former Marine, by Derek Gilna
  48. Overworked Missouri Public Defenders Fear Suspensions and Firing, by Mark Wilson
  49. Prosecutor’s “Animosity” Toward Defense Leads Oregon Appeals Court to Vacate Convictions, by Mark Wilson
  50. $9.5M Settlement Approved by Chicago City Council for Yet Another Excessive Force Case, by Derek Gilna

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