×
You've used up your 3 free articles for this month. Subscribe today.
Sixth Circuit Vacates a Witness Tampering Conviction, Principally on the Ground that the District Court Erroneously Instructed the Jury on the Intent Element of Witness Tampering
By Punch & Jurists
In a rare reversal of a witness tampering conviction, the Sixth Circuit, in Lobbins, held that the district court had given an erroneous jury instruction that misstated an essential element of the witness-tampering charge and that trial counsel had been ineffective when he failed ...
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:
- Jurors Showing More and More Savvy Toward Trial Evidence, by Edward Lyon
- News in Brief
- Minnesota Sees Rising Tide of Payouts for Epidemic of Police Misconduct, by Derek Gilna
- Government Snitches: Incentivized Witnesses Are the Leading Cause of Wrongful Convictions, by Dale Chappell
- NYPD Gang Database Lacks Transparency, Limits Due Process, by Kevin Bliss
- $175,000 Settlement to Public Protester with Profanity-laced Sign Tased by Police Officer
- Study: Racial Bias Inherent in the Jury Selection Process, by Kevin Bliss
- Agencies: Bite-mark Forensics Outdated Science, by Kevin Bliss
- Algorithm-dictated Freedom? Vet California’s New Pretrial Risk Assessment Tool, by Virginia Griese
- San Francisco DA Candidate Chesa Boudin Puts Criminal Justice Reform Front and Center
- New California Laws Peel Back Secrecy Surrounding Police Discipline Amid Pushback, by Betty Nelander
- Facebook Tells Law Enforcement to Quit Using Phony Accounts, by Dale Chappell
- ‘Ban the Box’ Movement Expands in New Direction, by Edward Lyon
- Forensic Entomology Helps Nevada Murder Convictee Get Exonerated After 17 Years in Prison, by Edward Lyon
- Massachusetts Drug Lab Scandal: Thousands More Cases Likely Affected, by Kevin Bliss
- NY Election Websites Tell Parolees They Can’t Vote, Even Though They Can, by Dale Chappell
- Police Use of ‘Undercover Friending’ Investigative Technique Unregulated, by Kevin Bliss
- Nebraska Supreme Court Clarifies Applicable Standard for Mandatory Testing Under DNA Testing Act, Reverses District Court for Applying Wrong Standard, by Chad Marks
- Hawaii Supreme Court Finally Complies with SCOTUS’ Apprendi Decision, Vacates Enhanced Sentence Based on Fact Determined by Judge, Not Jury, by Christopher Zoukis
- Sexual Assaults and Harassment by Members of Los Angeles County Sheriff’s Department Costing Taxpayers Millions, by Edward Lyon
- Sixth Circuit Vacates a Witness Tampering Conviction, Principally on the Ground that the District Court Erroneously Instructed the Jury on the Intent Element of Witness Tampering, by Punch & Jurists
- Bronx Prosecutors Trained to Manipulate System to Delay Trials, by Matthew Clarke
- Deputy U.S. Attorney General Rosenstein Defends Junk Science Forensics, by Matthew Clarke
- SCOTUS Clarifies Scope of Generic Burglary Under the ACCA, by Richard Resch
- Report: Wisconsin Crime Labs Face Multitude of Problems, by Edward Lyon
- Custodial Interrogation Must Cease When Suspect Unambiguously Invokes Right to Remain Silent, Says Fourth Circuit, by Douglas Ankney
- Fifth Circuit: Introduction of Deposition Video Without Making Good-Faith Effort to Secure Witnesses’ Presence at Trial Violates Confrontation Clause, by Douglas Ankney
- Oklahoma Supreme Court Announces Drug Court Dismissal of Charges After Successful Completion of Drug Program Entitles Defendant to Immediate Expungement, by Douglas Ankney
- Texas Court of Criminal Appeals Clarifies Proper Evidentiary Standard and Type of Evidence for Informal Competency Hearing, by Christopher Zoukis
- Third Circuit Orders Habeas Relief Based on Trial Counsel’s Failure to Present or Even Investigate Mental Health and Juvenile Records in Pennsylvania Death Penalty Case, by Matthew Clarke
- Third Circuit: Summons Is Not an Arrest for USSG Criminal History Calculation, by Mark Wilson
- Sixth Circuit Reverses 60-Month Upward Variance Sentence Based on News Article Provided to Parties by Court at Beginning of Sentencing Hearing, by Matthew Clarke
- Ninth Circuit Announces Expert Testimony on Battered Woman Syndrome Not Categorically Excludable, Relevant to Duress Defense, by Richard Resch
- Fifth Circuit Holds Special Conditions in PSR Appendix but Not Orally Pronounced by District Court Must Be Removed From Sentence Where Conflict With Written Judgment, by David Reutter
- SCOTUS: Florida’s Robbery Statute Satisfies Physical Force Requirement of Armed Career Criminal Act, by Douglas Ankney
- Idaho Supreme Court: Temporary and Isolated Crossing of the ‘Fog Line’ Not Enough to Support a Traffic Stop, by Christopher Zoukis
- Louisiana Supreme Court Vacates Conviction for Batson Violation, by Christopher Zoukis
- First Circuit Announces No Joint Participation Exception to Spousal Testimonial Privilege, by Matthew Clarke
- Minnesota Supreme Court Holds Sentencing Guidelines at Time of Offense, Not Time of Sentencing, Controls for Purposes of Calculating Criminal History Score, by Matthew Clarke
- Eighth Circuit Rules Search Warrant Based on Affidavit That Failed to Link Target to Criminal Activity Lacked Probable Cause, Not Saved by Good-Faith Exception, by David Reutter
- Seventh Circuit Reverses Denial of a Certificate of Innocence Needed as a Prerequisite for Damages for an Unjust Conviction and Imprisonment, by Punch & Jurists
- California Court of Appeal: Using Criminal Process to Collect Fines That Indigent Defendants Cannot Pay Is Unconstitutional, by Douglas Ankney
- Ninth Circuit Announces SCOTUS’ Rodriguez Opinion Requires Overturning ‘Reasonableness Standard’ Precedent in Traffic Stop Prolongation Cases, by Richard Resch
- U.S. Government Lab Withheld Groundbreaking Study for 5 Years That Can Help Defendants Question the Reliability of Certain DNA Evidence, by Steve Horn
- Cops Are At War Out There, by Jacobin, Brian Platt
- New York Mass Bail Out Action Targets Bail System Manipulation, by Virginia Griese
- From the Editor, by Richard Resch
More from Punch & Jurists:
- Judge Weinstein Holds that an Appeal Waiver Provision in a Plea Agreement that Seeks a Waiver of All Collateral Rights Is Impermissible Under the Constitution Unless it Specifically Enumerates All Exceptions Required by Law So that a Defendant Has Notice, June 17, 2019
- Pennsylvania District Court Explores the Growing Conflict Between Federal Laws, Which Still Prohibit the Use of Any Amounts of Marijuana, and State Laws, Which Increasingly Authorize the Use of Medical Marijuana and Decriminalize the Use of Small Amounts, May 15, 2019
- Sixth Circuit Vacates a Witness Tampering Conviction, Principally on the Ground that the District Court Erroneously Instructed the Jury on the Intent Element of Witness Tampering, Feb. 14, 2019
- Seventh Circuit Reverses Denial of a Certificate of Innocence Needed as a Prerequisite for Damages for an Unjust Conviction and Imprisonment, Feb. 14, 2019
More from these topics:
- Disbarred Cincinnati Defense Attorney Who Defrauded Prisoner Clients Gets Three-Year Sentence, May 1, 2025. Attorney Misconduct, Malpractice (Attorneys), Fraud and Theft Loss, Disbarred Attorney.
- A Song for Condemned Alabama Prisoner, April 1, 2025. Witnesses, Telephone Monitoring, Evidence - Failure to Disclose.
- California Court of Appeal Vacates Former NFL Star’s Rape Conviction Because Prosecutor’s Racial Statements During Closing Constituted ‘Racially Discriminatory Language’ in Violation of Racial Justice Act, March 15, 2025. Racial Discrimination, Attorney Misconduct, Misleading Advice/Statements to Defendant.
- Michigan Judge Sued for Jailing Teen Who Nodded Off While Watching in Court, March 1, 2025. Witnesses, Privacy Act/Rights, Judicial Disqualification/Misconduct.
- Nebraska Supreme Court Spanks Attorney General, Orders Felons Be Allowed to Vote, March 1, 2025. Prosecutor/Attorney General Misconduct, Attorney Misconduct, Felon Disenfranchisement Statute.
- California Bar Accuses L.A. Lawyer of Deceiving Prisoners Seeking Resentencing, Oct. 15, 2024. Attorney Misconduct, Malpractice (Attorneys), False Statements/Perjury.
- Third Circuit Finds Relation-Back Rule Misapplied to Philadelphia Prisoner’s “Crappy” Ordeal Lawsuit, Oct. 15, 2024. Attorney Misconduct, Frivolous Litigation, U.S. Sentencing Guidelines.
- Texas Prosecutor Gets Fine, Probated Bar Suspension After Jailing Woman for Abortion, Aug. 15, 2024. Prosecutor/Attorney General Misconduct, Abortion, Attorney Misconduct, Fines.
- Families of New Jersey Jail Suicide Victims Still Waiting for Settlement Payouts, May 1, 2024. Attorney Misconduct, Settlements, Suicides.
- Corizon Health Bankruptcy Delayed by Revelation of Attorney’s Affair With Mediator, Jan. 1, 2024. Corizon, Judicial Misconduct, Attorney Misconduct, Bankruptcy, Appearance of Justice/Impartiality.