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Arizona Supreme Court: Trial Court’s Failure to Protect Defendant’s Right to Conflict-Free Counsel May Be Raised on Direct Appeal 16 Massachusetts Supreme Court: Error to Exclude Expert Testimony on Significance of Tattoo to Support Claim of Self-Defense
by Douglas Ankney
The Supreme Court of Arizona affirmed a decision of the Court of Appeals (“COA”) holding that the issue of a trial court’s failure to adequately protect a defendant’s right to conflict-free counsel—as opposed to issues broadly raised as ineffective assistance of counsel—may be raised on direct appeal. ...
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More from this issue:
- One More Reason to Dislike Your State’s DMV, by Edward Lyon
- Trial Penalty: The Harm in Coercive Prosecutorial Tactics and Plea Bargains, by David Reutter
- Virginia Supreme Court Reverses Concealed Weapon Offense Because Statutory Exception Applied, by Douglas Ankney
- The Federal Habeas Corpus: Government’s Response and Your Reply, by Dale Chappell
- The Many Roads to Relief Under Borden, by Dale Chappell
- Montana Supreme Court: Court Reporter’s Medical Emergency and Judge’s Distress Don’t Constitute Manifest Necessity for Declaring Mistrial, Retrial Violates Double Jeopardy, by Douglas Ankney
- Virginia Passes Comprehensive Record Clearance Legislation, by Casey Bastian
- Arizona Supreme Court: Trial Court’s Failure to Protect Defendant’s Right to Conflict-Free Counsel May Be Raised on Direct Appeal 16 Massachusetts Supreme Court: Error to Exclude Expert Testimony on Significance of Tattoo to Support Claim of Self-Defense, by Douglas Ankney
- Massachusetts Supreme Court: Error to Exclude Expert Testimony on Significance of Tattoo to Support Claim of Self-Defense, by David Reutter
- Seventh Circuit: Coworker Cannot Limitlessly Search Defendant’s Office at Direction of FBI, by Anthony Accurso
- Nebraska Supreme Court Reverses Denial of Pretrial Motion for Absolute Discharge on Speedy Trial Grounds, by Matthew Clarke
- Fourth Circuit Reverses ‘Abusive Language’ Conviction Where Government Failed to Offer Evidence That Racial Slur Tended to Cause Immediate Acts of Violence, by Douglas Ankney
- Should Public Defenders Be Tweeting?, by Anthony Accurso
- California Court of Appeal Vacates Guilty Plea That Resulted in Legal Fiction, by David Reutter
- California Court of Appeal: When Federal Court Finds Petitioner Satisfies Schlup Standard, Victim Compensation Board Must Recommend Payment of Claim Without Hearing, by Douglas Ankney
- National Institute of Justice Funds Research to Differentiate Injuries Caused by Child Abuse from Accidental Injuries, by Matthew Clarke
- Police Funding Reallocated to Community Programs Nationwide, by Casey Bastian
- Ninth Circuit: Directly Searching Inside Detainee’s Pocket Not a Valid Terry Frisk for Weapons, by Anthony Accurso
- Atavistic South Carolinians Offer Option of Firing Squad to Condemned Prisoners, by Douglas Ankney
- Delaware Supreme Court: Substitution Not Allowed for Chain of Custody Witness, by Anthony Accurso
- Sixth Circuit: District Court May Consider Disparity of Defendant’s Actual Sentence Compared With Sentence Under First Step Act When Additional Factors Present, by Douglas Ankney
- Eighth Circuit: Plain Error to Impose Destructive-Device Enhancement for .410 Shotgun, by David Reutter
- Tenth Circuit Reverses Denial of Suppression Motion Because Rationale for Community-Caretaker Exception Unreasonable, by Douglas Ankney
- Report: NYPD Sold Almost 22,000 of the 55,000 Phones Seized Last Year, by Douglas Ankney
- SCOTUS: Cady’s ‘Community Caretaking’ Function of Police Doesn’t Create Standalone Doctrine Permitting Warrantless Entry into a Home, by Douglas Ankney
- Maryland and Montana: First States to Pass Laws Restricting Access to Consumer Genealogy Databases by Law Enforcement, by Casey Bastian
- It’s No Shock That Tasers Increase Brutality, by Casey Bastian
- South Carolina Supreme Court: Lifetime SORA Registration Requirement Unconstitutional Absent Opportunity for Judicial Review of Risk of Re-offending, by Anthony Accurso
- Mississippi Supreme Court: Drug Buy Between Dealer and User Doesn’t Constitute Conspiracy to Distribute, by David Reutter
- New Mexico Supreme Court: Constitutional Error to Accept Plea Without Assistance of Counsel, by David Reutter
- California Court of Appeal Reverses Felony-Murder Conviction Where Sentencing Occurred After SB 1437 Enacted, by Matthew Clarke
- Maryland Enacts Significant Police Reform, Overriding Governor’s Veto, by Jayson Hawkins
- Decision Not to Prosecute May Reduce Chance of Recidivism, by Kevin Bliss
- FBI Subpoenas Media Outlets for Information on Readers of Stories Criticizing Government, by Dale Chappell
- Fourth Circuit Extends Gant’s Automobile Search-Incident-to-Arrest Framework to Searches of Non-Vehicular Containers, by Douglas Ankney
- Texas Supreme Court: Multiple Misdemeanor Charges Resulting From Single Arrest Divisible for Expunction Purposes, by Douglas Ankney
- Police Legal Defense Funds Have Millions in Reserve, by Jayson Hawkins
- Big Brother Is Watching You Through Your Car, by Jayson Hawkins
- Constitutional Protections No Protection for Colorado Man Killed by Police, by Casey Bastian
- Warrantless Warrants and Crooked Courts in Chicago, by Jayson Hawkins
- Details Surface About Firm That Hacked iPhone for the FBI in 2016, by Anthony Accurso
- Debunking the Myth of ‘Dangerous’ Traffic Stops, by Jayson Hawkins
- Reports Show Law Enforcement Groups Are Main Force Pushing New Anti-Protest Laws, by Matthew Clarke
- Prosecutors Call for Humane Sentencing Measures, by Kevin Bliss
- Jury Refuses to Hold Abusive Cops Accountable for Beating Undercover Cop, by Anthony Accurso
- Digital Dogs, New Technology Designed to Sniff-Out Crime, by Michael Fortino, Ph.D
- Two T-shirts Cost Louisiana Man 20 Years, by Edward Lyon
- Police Use of Facial Recognition May Be Broader Than Expected, by Anthony Accurso
- When Police Ignore Ordered Changes, Is It Really Reform?, by Douglas Ankney
- The People Have Spoken: Clemency Appointments Should Follow the Will of the People, by Michael Fortino, Ph.D
- The Louisiana Board of Parole Giveth and Taketh Away: The Troubling Case of Bobby Sneed, by Casey Bastian
- Police Target People of Color for Cannabis Crimes Despite Legalization, by Anthony Accurso
- Bodycams Do Not Hold Cops Accountable, Communities Do, by Anthony Accurso
- News in Brief
More from Douglas Ankney:
- Tenth Circuit Announces Assault Conviction Under 18 U.S.C. § 113(a)(6) Not a Qualifying Predicate ‘Crime of Violence’ for Purposes of USSG § 2K2.1(a)(3), July 15, 2024
- Ohio Supreme Court Announces Same Postconviction-Relief Filing Deadline Applies to ‘Delayed Appeal’ as Applies to Any Other Type of Direct Appeal, July 15, 2024
- New NIJ-Funded Website Assists Forensic Practitioners Estimate Age of Unidentified Skeletal Remains of Infants and Teens Based on Dental Data, July 15, 2024
- Minnesota Supreme Court Announces Good-Faith Exception to Exclusionary Rule Under State Constitution Does Not Apply to Search and Arrest Based on Quashed Warrant That Appears Active Due to Clerical Error by Court Administration, July 15, 2024
- California Court of Appeal Announces Rulings on Three Issues of First Impression Involving Certificate of Appealability and Habeas Petition, July 15, 2024
- Tennessee Supreme Court Announces Prospective Abrogation of Common Law Accomplice-Corroboration Rule, July 15, 2024
- Prosecutors Receive Absurdly Lenient Sentence of Probation for Brady Violation That Resulted in an Innocent Man Spending More Than Four Years in Prison, July 15, 2024
- Rethink Googling That Video of Big Bird Teaching Your Child the Letter ‘B’—You Might Be Caught in a Federal Dragnet, July 15, 2024
- Eleventh Circuit Reverses District Court’s Grant of Habeas Relief, Notes It’s ‘Murky on When Putting Two Suspects in a Room Together Qualifies as Interrogation Under Miranda’, July 15, 2024
- Idaho Stopped From Repeatedly Scheduling Executions That It Cannot Carry Out, July 1, 2024
More from these topics:
- Massachusetts Supreme Court: Defense Counsel’s Overt Bias Against Own Client Constitutes Actual Conflict of Interest Requiring New Trial Without Need to Prove Prejudice, Dec. 15, 2023. Counsel - Constructive denial of, Strickland Standard, Conflict of Interest, Disqualification of Counsel.
- Third Circuit Announces COA Required for Federal Prisoner Appealing District Court’s Choice of Remedy in § 2255 Proceeding, Nov. 1, 2023. U.S. Sentencing Guidelines, Appealable Issues/Orders, Certificate of Appealability.
- Kansas Supreme Court: Defendants May File a Motion to Correct Illegal Sentence in Appellate Court While on Direct Review, Oct. 1, 2023. U.S. Sentencing Guidelines, Appealable Issues/Orders.
- Texas Prosecutor Spent 20-Year Career Also Working as Law Clerk to Judges He Appeared Before, May 5, 2022. Attorney Misconduct, Conflict of Interest.
- The Federal Habeas Corpus: Government’s Response and Your Reply, Aug. 15, 2021. Habeas Corpus, Appealable Issues/Orders.
- D.C. Circuit: Conflicted Counsel During Habeas Proceeding Requires Appointment of Conflict-Free Counsel, June 15, 2021. Habeas Corpus, Conflict of Interest.
- "Kentucky Supreme Court: Hearing on Defense Counsel’s Fitness Is Critical Stage at Which Defendant Has Right to Be Present With Conflict-Free Counsel", March 15, 2021. Strickland Standard, Conflict of Interest.
- Utah Supreme Court: Dismissal of Second Post-Conviction Petition Improper Where First Petition Voluntarily Withdrawn, May 15, 2020. Appealable Issues/Orders, Pattern of Improper Conduct.
- Ventry v. U.S., No. 06-3104-pr (2nd Cir.) (539 F.3d 102) (August 15, 2008) (Judge Richard C. Wesley), Sept. 1, 2008. Punch And Jurists, Conflict of Interest.
- U.S. v. Manuel Ramos, No. 03 Cr. 724(GEL) (S.D.N.Y.) (350 F.Supp.2d 413) (June 30, 2004) (Judge Gerard E. Lynch), Feb. 1, 2005. Punch And Jurists, Conflict of Interest.