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Third Circuit Rules Lower Courts Abused Discretion When They Failed to Conduct Evidentiary Hearing on Brady Claim and on Conflict of Interest Claim
by Douglas Ankney
The U.S. Court of Appeals for the Third Circuit ruled that the Superior Court abused its discretion when it failed to conduct an evidentiary hearing on a habeas petitioner’s Brady claim and ruled the Appellate Division abused its discretion when it failed to conduct an evidentiary hearing ...
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More from this issue:
- News in Brief
- Killer’s Bold DNA-Based Defense to Get New Mexico Supreme Court Hearing, by Bill Barton
- Study: Brazen Cops Posting Racist, Vitriolic Comments on the Internet, by Edward Lyon
- Chicago PD Creating Files, Background Checks on Citizens Who Speak at Police Disciplinary Meetings, by Dale Chappell
- Kentucky Supreme Court Rules Parole Board’s Revocation Procedures Are Unconstitutional, by Douglas Ankney
- 7th Circuit Announces SORNA Requires Hybrid Approach in Comparing Underlying Conviction to Determine Tier Classification, by Anthony Accurso
- Tenth Circuit Vacates Special Condition of Supervised Release That Gave Probation Officers Discretion to Ban Computer and Internet Usage, by Douglas Ankney
- Arrest for Shouting ‘F—k You’ to Arkansas Trooper Violates First and Fourth Amendments Rights, Eighth Circuit Rules, by Michael Berk
- Michigan Will Pay $1.5 Million to Longest Serving Exonerated Prisoner, by Bill Barton
- MIX13 Reveals Potential Errors in DNA Testing, by Jayson Hawkins
- Ninth Circuit Announces that District Court Cannot Sua Sponte Raise Waiver as Ground to Dismiss Motion for Sentence Reduction, by Douglas Ankney
- First Circuit: Prosecutor Not Entitled to Absolute Immunity When Performing Purely Administrative Duty, by Anthony Accurso
- New North Dakota Law Arrests Cops’ Ability to Seize Property, by Douglas Ankney
- Black Drivers in Missouri 91 Percent More Likely to Be Stopped Than White Drivers, by Bill Barton
- Maryland Court of Appeals: Sentence Imposed on Remand That Is of Equal Maximum Length as Former Sentence but With Longer Term Before Parole Eligibility Is ‘More Severe’, by Douglas Ankney
- Delaware Supreme Court: Where Defendant Competent to Plead ‘Guilty but Mentally Ill,’ He May Revoke Plea Before It Is Accepted, by Anthony Accurso
- First Circuit Rules Appeal Waiver Does Not Relieve Counsel of Duty to Consult About an Appeal, by Dale Chappell
- Fifth Circuit Announces that Categorical Approach Applied to SORNA Doesn’t Permit Circustance-Specific Inquiry Into Offender/Victim Age Differential, by Douglas Ankney
- Seventh Circuit Announces That More Than Psychological Coercion Required to Trigger § 2B3.1(b)(4)(B) Sentencing Enhancement, Disapproving Prior Holdings to the Contrary, by Douglas Ankney
- New Hampshire Supreme Court: State’s Armed Career Criminal Statute Applies Only When Qualifying Convictions Arise From at Least 3 Separate Criminal Episodes, by Douglas Ankney
- U.S. District Court Holds Residual Clause of Federal Three-Strikes Law Unconstitutional, by Dale Chappell
- Genetic Testing Raises Privacy Concerns, by Bill Barton
- Michigan Supreme Court: Reaching Out Door of Home to Retrieve ID Inadequate to Surrender Fourth Amendment Rights, by David Reutter
- Tenth Circuit: No Absolute Immunity for Prosecutor Who Fabricated Evidence, by Douglas Ankney
- The Power of Sheriffs: An Explainer, by Jessica Brand
- Pitfalls of Using Risk Assessment Tools, by Jayson Hawkins
- Eleventh Circuit Holds Time on Appeal Counts When Considering If Sentence Was Imposed Under Residual Clause, by Dale Chappell
- Fourth Circuit Holds Appeal Waiver Does Not Preclude Retroactive ACCA Claim, by Anthony Accurso
- Third Circuit Rules Lower Courts Abused Discretion When They Failed to Conduct Evidentiary Hearing on Brady Claim and on Conflict of Interest Claim, by Douglas Ankney
- Whether State or Federal, Most Convictions Are Overwhelmingly Based on Guilty Pleas, by Edward Lyon
- Minnesota Supreme Court: Even With a Warrant, Forced Anoscopy Is Unreasonable Search, by Douglas Ankney
- 9th Circuit Finds IAC for Failure to Investigate Mitigating Factors During Penalty Phase of Capital Case, by Anthony Accurso
- Oregon Supreme Court Announces State Constitution Prohibits Cops From Digging Through Residents’ Trash Without a Warrant, by Mark Wilson
- SCOTUS Declares Portion of Federal Supervised Release Statute Unconstitutional, by Dale Chappell
- Tracking Phones: Google as a Dragnet for the Police, by Bill Barton
- Who Inflicts the Most Gun Violence in America? The U.S. Government and Its Police Forces, by John W. Whitehead
- Partial Justice, by Christopher Zoukis
More from Douglas Ankney:
- 46 New York Prisoners Accuse Guards of Beatings—Even Waterboarding, Aug. 15, 2024
- New York Revises 2,772 Prisoner Disciplinary Records After Inspector General Finds Defects in Another Contraband Drug Test, Aug. 15, 2024
- Eighth Circuit: Perfect Adherence to Burdened Beliefs Not Required to Demonstrate Sincerity under RLUIPA, Aug. 15, 2024
- Fourth Circuit Revives Claim Over North Carolina Jail Suicide, Aug. 15, 2024
- Arizona Agrees to $40,000 Settlement in Suit Over Mentally Ill Prisoner’s Suicide, Aug. 15, 2024
- Fourth Circuit Chides Virginia Magistrate for Assuming Prisoners Proceed IFP, Aug. 15, 2024
- First Circuit Tolls Claim for Maine Jail Death from Date of Detainee’s Injury, Rather Than When He Died, Aug. 15, 2024
- Criminalizing Poverty Drives Mass Incarceration in Kentucky, Washington, Aug. 15, 2024
- Alaska Supreme Court Revives Prisoner’s Claim for 11-Month Solitary Confinement That DOC Admitted Was Improper, Aug. 15, 2024
- Washington Prisoner’s Sentence Vacated After Attorney Calls and Visits Were Recorded, Aug. 15, 2024
More from these topics:
- Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief, Aug. 1, 2024. Evidentiary Ruling, Habeas Corpus, Ineffective Assistance of Counsel, Counsel - Effective Assistance of.
- Pennsylvania Supreme Court: Failure to Disclosure Mental Health Report Showing Key Witness Was a Sociopath Constitutes Brady Violation That Prejudiced Defendant, March 15, 2024. Brady Violations, Brady Rule violations, Evidence - Failure to Disclose.
- Michigan Reaches $1.03 Million Settlement with Exonerated Prisoner, March 1, 2024. Wrongful Conviction, Wrongful Imprisonment, Brady Violations, Evidence - Failure to Disclose.
- Second Circuit Revives N.Y. Prisoner’s Suit Over Sing Sing Fire, 11 Other Prisoners Split $220,000 Settlement, Jan. 1, 2024. Failure to Protect (General), Fire Hazards, Administrative Exhaustion (PLRA), Summary Judgment, Evidentiary Ruling, Administrative Exhaustion.
- D.C. Circuit Orders New Trial Due to Brady Violations Involving Source of Information, Not Withholding of Information Itself, Oct. 1, 2023. Brady Violations, Withholding of Exculpatory Evidence.
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023. Evidentiary Ruling, Habeas Corpus, Hearings.
- New York Court of Appeals Reverses Murder Conviction Where Trial Court’s Evidentiary Rulings Deprived Defendant of ‘Opportunity to Present Complete Defense’, Dec. 15, 2022. Evidentiary Ruling, Motive/Opportunity/Intent/Identity Evidence.
- First Circuit: Appellate Counsel’s Failure to Raise Brady Claim on Direct Appeal Constituted Ineffective Assistance of Counsel Under Strickland, § 2255 Motion Granted, March 15, 2022. Brady Violations, Strickland Standard.
- Fourth and Fifth Circuits Reopen Decades-Old Cases for Habeas Relief Due to Brady Violations, Nov. 15, 2020. Habeas Corpus, Brady Violations.
- Massachusetts Supreme Court: Brady Requires Disclosure of Exculpatory Material Revealed During Immunized Testimony Before Grand Jury, Nov. 15, 2020. Excessive Force (Police), Brady Violations, Evidence - Failure to Disclose.