×
You've used up your 3 free articles for this month. Subscribe today.
Defense Fails to Present Diminished Capacity, Ninth Circuit Vacates Murder Convictions
Loaded on March 16, 2018
by Christopher Zoukis
published in Criminal Legal News
April, 2018, page 22
Filed under:
Criminal Prosecution,
Wrongful Conviction,
Habeas Corpus,
Criminal Procedure.
Location:
California.
by Christopher Zoukis
The United States Court of Appeals for the Ninth Circuit granted a California state prisoner’s petition for a writ of habeas corpus and vacated the prisoner’s convictions for first degree murder. The Court, in a 2-1 panel decision, found that the trial attorney failed to provide effective ...
Full article and associated cases available to subscribers.
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Indigent Defense in America: An Affront to Justice, by Christopher Zoukis
- News in Brief
- Mississippi Supreme Court Caps Attorney’s Fees in Wrongful Conviction Cases at 25%
- West Virginia Supremes: Previous Nonviolent Crimes, Life Sentence Unconstitutional, by Dale Chappell
- Fourth Circuit: No Qualified Immunity for Deputies in Shooting of Armed Suspect, by Dale Chappell
- California Court of Appeal Holds State Must Prove Stolen Car’s Value for Felony Theft of Vehicle Conviction, by Dale Chappell
- Don't Take a Genetic Test Without Reading This First
- “Get Out of Jail” Free Cards for Cops’ Family, Friends Cut, by Christopher Zoukis
- Even Prosecutors Can’t Get Secret List of L.A. Cops With Credibility Problems, by Dale Chappell
- Sixth Circuit: Sentence Enhancement Inapplicable, Sales of Guns and Drugs Separate, by Dale Chappell
- Philly Decriminalizes Possession of Small Amounts of Marijuana, by Christopher Zoukis
- Magistrate Judge: Change Rule of Evidence That Allows Prior Conviction to Impeach Witness, by Derek Gilna
- New York Court of Appeals: Defendant Denied Right to Speedy Trial After 6-Year Delay, by Richard Resch
- Texas Supremes: Possession of Gun Does Not Constitute “Use” Under Forfeiture Statute, by Dale Chappell
- Mass. Supremes: Consent to Search in Vehicle Did Not Extend to Engine, by Richard Resch
- Gang Enhancement: California Court Reverses Denial of Motion for New Trial, by Derek Gilna
- $900,000 to Octogenarian Tased by Police
- Fired New Orleans Cops Just Move to Other Departments, by Dale Chappell
- U.S. Supreme Court: Guilty Plea No Bar to Defendant Challenging Constitutionality, by Richard Resch
- Washington Supremes: Former Prisoner Can Take Bar, by Derek Gilna
- Illinois Supremes: Barring Firearms Within 1,000 Feet of Parks Facially Unconstitutional, by Richard Resch
- Lack of Criminal Intent: Missouri Supreme Acquits on Drug Possession Charge, by Suzanne Bring
- Cops Killed 100 Times More Americans Than Terrorists Did in 2017, by Christopher Zoukis
- $275,000 to Man Arrested for Recording Police
- 7 Years Pre-Trial Incarceration: Vacated Convictions
- Pennsylvania Supreme Court: Police Emergency Lights Next to Parked Car Constitute Seizure, by Dale Chappell
- California Supreme: “Beyond a Reasonable Doubt” Standard for Second Strike, by Edward Lyon
- Not Disclosed: NSA-Obtained Evidence, by Derek Gilna
- Video: A Two-Edged Sword, by Michael Avery
- $4.8 Million Settles Kansas City Police Shooting, by Matthew Clarke
- Pennsylvania Supremes: Modified “Vertical” Approach to Collective Knowledge Doctrine, by Richard Resch
- Defense Fails to Present Diminished Capacity, Ninth Circuit Vacates Murder Convictions, by Christopher Zoukis
- Kansas Supremes: No Lifetime Post-Release Supervision, by Derek Gilna
- Mass. Disciplines Prosecutors: No More Business as Usual, by Derek Gilna
- Miranda Violation: 9th Circuit Reverses Murder Conviction, by Christopher Zoukis
- Law Enforcement Scrambles to Hide Stingray Use, by Derek Gilna
- Officer-Involved Shooting Data? Hard to Find!, by Christopher Zoukis
- Defendant’s Right to Testify Violated: Hawaii Supreme Vacates Conviction, by Norma Gonzalez
- Georgia Attempts to Limit Access to Official State Law, by Derek Gilna
- Sheriff Wanted Medical Examiner to Alter Reports, by Dale Chappell
- Witness Misidentification: Ohio Man’s 14 Convictions Vacated, by Mark Wilson
- Texas: Retroactive Application of Law That Decriminalized Specific Conduct Not Violation of Separation of Powers, by Dale Chappell
- Data: High Rate of Sexual Abuse by Cops, by Christopher Zoukis
- $ Millions to Settle Philly Police Misconduct Cases, by Derek Gilna
- Fight Mass Incarceration? There’s an App for That, by Derek Gilna
More from Christopher Zoukis:
- The Contraband Wars Prison authorities target books and mail, miss the goods coming through the staff door, July 1, 2021
- Trump v. Biden on Criminal Justice, Oct. 1, 2020
- Coronavirus in Prison: The Cruel Reality, Aug. 1, 2020
- With Lives of Immigrant Detainees at Risk to COVID-19, Federal Judge Forces ICE’s Hand, July 1, 2020
- A Nation on the Brink, June 15, 2020
- Federal Court Slams Michigan Jail for Bungling COVID-19 Pandemic, Demands Names of Vulnerable Prisoners for Release, June 1, 2020
- Silence: The Bureau of Prisons’ Pathetic Response to the COVID-19 Pandemic, June 1, 2020
- New York Judge Orders Release of 18 Rikers Island Detainees Due to COVID-19 Risk, June 1, 2020
- Coronavirus: A Nationwide Survey of the Push for Early Release as Pandemic Fears Grow, May 1, 2020
- California Three-Judge Court Denies Emergency Motion to Reduce Prison Population During Pandemic, May 1, 2020
More from these topics:
- Beyond a Reasonable Doubt? Fingerprint Evidence’s Troubling Flaws, April 15, 2025. junk science, Wrongful Conviction, Fingerprint Evidence.
- Biden Clemency Recipients Included Virginians Sentenced for “Acquitted Conduct”, April 1, 2025. Wrongful Conviction, Pardons/Clemency, False Confessions, Drug Laws/Offenses.
- Nebraska Supreme Court Announces ‘Working Days’ for Purposes of ‘Temporary Domicile’ SORA Reporting Requirement Means Weekdays, Excluding Legal Holidays, and Reverses Conviction for Failure to Register, March 15, 2025. Sex Offender Registration, Wrongful Conviction.
- Bite Marks and Broken Justice: A Louisiana Man’s Life and Death Struggle Against Junk Science, March 15, 2025. junk science, Wrongful Conviction.
- $25.75 Million for Exonerated North Carolina Prisoner’s 44 Stolen Years, March 1, 2025. Settlements, Wrongful Conviction.
- Hawaii Supreme Court Revives Exonerated Prisoner’s Quest for First Payout From Wrongful Conviction Fund, March 1, 2025. Settlements, Wrongful Conviction.
- HRDC Files Suit on Behalf of Florida Man Wrongfully Convicted and Incarcerated for 31 Years, Feb. 15, 2025. Wrongful Conviction, HRDC Litigation.
- U.S. Navy Exonerates Wrongly Convicted Black WWII Sailors, Feb. 15, 2025. Wrongful Conviction, Military, Racial Profiling, Racial/Ethnic Bias/Profiling.
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025. Settlements, Wrongful Conviction, Wrongful Imprisonment, Murder/Felony Murder.
- Examining Pro-Prosecution Bias in the Judiciary: Unconscious Biases of a Prosecutorial Background, Feb. 15, 2025. Criminal Prosecution, Juror Bias, Impartial Jury.
