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New Jersey Supreme Court Announces New Test to Determine When State May Obtain Second DNA Sample After Unlawfully Obtained First Sample

Loaded on Oct. 15, 2019 by Douglas Ankney published in Criminal Legal News November, 2019, page 18
Filed under: DNA Testing/Samples. Location: New Jersey.

by Douglas Ankney

The Supreme Court of New Jersey rejected the “inevitable discovery doctrine” as being “a poor fit” for determining whether a second DNA sample could be obtained after a trial court determined that the first sample was unlawfully obtained. Instead, the Court announced a new test …

 

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  1. Forensic Science: Reliable and Valid?, by Jayson Hawkins
  2. ‘Changes Are a Comin’, by Anthony Accurso
  3. Kansas Supreme Court: Expired License Plate Doesn’t Attenuate Evidence from Illegal Seizure, by Douglas Ankney
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  5. Costly Electronic Monitoring Programs Replacing Ineffective Jail Bond Systems, by Kevin Bliss
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  8. Big Brother, Big Business, Big Law Enforcement, by Edward Lyon
  9. Third Circuit Announces New Rule for Amending § 2255 Motions on Appeal, by Dale Chappell
  10. Alabama OKs Chemical Castration for Some Sex Offenders, by Dale Chappell
  11. California Court of Appeal Announces Defendant Convicted of Felony Accessory Is Eligible for Resentencing Under Proposition 64, by Douglas Ankney
  12. Connecticut Supreme Court: When Expert’s Testimony Asserts Truth of DNA Profile Prepared by a Different Non-Testifying Expert, Confrontation Clause Is Violated, by Douglas Ankney
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  15. U.S. District Court Grants Savings Clause Petition, Vacates Mandatory Life Sentence, by Dale Chappell
  16. Tenth Circuit: District Court Abused Discretion in Denying § 2255 Petition Without Hearing Where Record Didn’t Conclusively Show Defendant Not Entitled to Relief, by Douglas Ankney
  17. Ninth Circuit: Drug Quantity in PSR Adopted by Sentencing Court not Binding in § 3582(c)(2) Sentence Reduction Proceedings, by Michael Berk
  18. 10th Circuit: District Court Must Ensure When Defendant Waives Right to Counsel He Understands He’s Required to Adhere to Federal Procedural and Evidentiary Rules, by Douglas Ankney
  19. Is Data Mining an Invasion of Privacy?, by Kevin Bliss
  20. Ninth Circuit Rules IAC for Failure to Investigate Mitigating Evidence During Penalty Phase of Capital Trial, by Anthony Accurso
  21. Fifth Circuit Vacates § 924 Convictions Based on Davis, by Anthony Accurso
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  23. Fifth Circuit Reiterates Diligence Under AEDPA Requires Consideration of Actions Both Before and After Filing of Habeas Petition, by Dale Chappell
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  25. Oregon Supreme Court Reaffirms ‘Independent Evidence Rule’ for Accomplice Testimony, by Mark Wilson
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  27. Fifth Circuit: First Step Act Doesn’t Permit Plenary Resentencing in Retroactive Application of the Fair Sentencing Act, by Douglas Ankney
  28. California Court of Appeal Explains Procedures to Determine Appropriate Relief When Conviction Is Vacated Based on People v. Chiu and Senate Bill 1437, by Douglas Ankney
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