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First Circuit: Government’s Mention of Co-Defendant’s Guilty Plea Before Jury Was Confrontation Clause Violation Warranting New Trial
Loaded on June 15, 2021
by Anthony Accurso
published in Criminal Legal News
July, 2021, page 44
Filed under:
Confrontation Clause.
Location:
Massachusetts.
by Anthony Accurso
The U.S. Court of Appeals for the First Circuit upheld the U.S. District Court for the District of Massachusetts’ order granting a new trial after the prosecutor mentioned a co-conspirator’s decision to plead guilty despite the fact the co-conspirator was not present for questioning.
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More from this issue:
- Deliberately Convicting the Innocent: Exonerations Expose the Criminal Justice System’s Callous Indifference Toward Official Misconduct, by Douglas Ankney
- Tenth Circuit: District Courts Have Authority to Decide What Constitutes ‘Extraordinary and Compelling Reasons’ for Compassionate Release After First Step Act, by Dale Chappell
- Texas Court of Criminal Appeals: Warrantless Arrest Designed to Elicit a Confession Constitutes Flagrant Misconduct Requiring Suppression of Confession, by Douglas Ankney
- Pennsylvania Supreme Court: Failure to Object to Improper Jury Instruction and Curative Instruction by Court Containing ‘Freudian Slip’ Constitutes IAC, by Anthony Accurso
- Federal Habeas Corpus: Discovery and Expanding the Record, by Dale Chappell
- Illinois Supreme Court Announces Person Seeking Certificate of Innocence Need Only Prove Innocence of Originally Prosecuted Theory of Offense, not Every Conceivable Theory, by Matthew Clarke
- An Ignoble Process How High-Pressure Tactics and Flawed Investigative Techniques Created a Miscarriage of Justice, by Casey Bastian
- Inflation Increases Likelihood of Felony Theft Charges, by David Reutter
- Report Shows Cellphone Searches Common, by Jayson Hawkins
- Iowa Supreme Court: Successful Adjustment to Sex Offender Registry Requirements Not a Reason to Deny Modification, by David Reutter
- California Court of Appeal: Defendant Cannot Be Convicted of Robbery and Kidnapping to Commit Robbery for Same Act, by Anthony Accurso
- Discredited New York Police Detective’s False Testimony Causes the Dismissal of Close to 100 Drug Convictions, by Derek Gilna
- Alaska Supreme Court: ‘Set Aside’ Conviction From 1997 Is Not ‘Conviction’ Triggering Lifetime ASORA Registration, by Anthony Accurso
- Eleventh Circuit: Timely Filed Amended Fla. R. Crim. P. 3.850 Motion Tolls AEDPA Clock, Rejects State’s Proposed 30-Day Limitations Period, by Dale Chappell
- Ninth Circuit Joins Five Other Circuits in Holding § 1B1.13 Doesn’t Apply to Compassionate Release Motions by Prisoners, by Dale Chappell
- Cancel Culture Nothing New to Those on Sex Offense Registries, by Sandy Rozek
- North Carolina Governor Announces Formation of Juvenile Sentence Review Board, by Douglas Ankney
- The Era of Punitive Excess The criminal justice system is marred by an overreliance on excessive punishment, by Jeremy Travis, Bruce Western
- Tenth Circuit: Warrantless Search of Truck Driver’s Home Not Justified Solely by Connection to Alien Smuggling, by Anthony Accurso
- Sixth Circuit: State Court Committed Constitutional Error in Applying Ohio Rules of Evidence 606(B) to Deny Right to Fair Trial, by Dale Chappell
- Direct Collateral Review Creates Path Around AEDPA Hurdles for State Prisoners Seeking Postconviction Relief, by Dale Chappell
- Maine Supreme Court: Counsel’s Introduction of Victim’s Video Interview with Police Was Not ‘Sound Trial Strategy,’ Constituted IAC, by Dale Chappell
- Mississippi Supreme Court Reverses Conviction due to Double Jeopardy Violation Because of Mistrial Without Manifest Necessity in Initial Trial, by Matthew Clarke
- D.C. Circuit: Conflicted Counsel During Habeas Proceeding Requires Appointment of Conflict-Free Counsel, by David Reutter
- Wyoming Supreme Court Abandons Alter Ego Rule in Relation to Defense-of-Another Claim, by Anthony Accurso
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- SCOTUS Reaffirms Habeas Court Must Consider Entire Record Before ‘Disturbing’ a State Criminal Judgment, by Dale Chappell
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- Report: U.S. Border Patrol Not Nearly as Nice as It Claims, by Edward Lyon
- Potentially Deadly War Gas Deployed Against Black Lives Matter Protesters, by Matthew Clarke
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- News in Brief
More from Anthony Accurso:
- The Systematic Terror of Rankin County’s “Goon Squad”, May 1, 2026
- Virginia Prisoners Stuck Waiting for Education Programs, Feb. 1, 2026
- $939,000 for Nevada Prisoner Left in Wheelchair by Delayed Back Pain Treatment, Jan. 1, 2026
- Ninth Circuit Affirms Exclusion of Plea Agreement’s Factual Basis, Holding Unaccepted “Type A” Plea Agreement Unenforceable to Trigger Waiver of Rule 410 Protections, Dec. 15, 2025
- America’s Deadliest Jails: Tarrant County Edition, Nov. 1, 2025
- Seventh Circuit Dismisses Jail Detainee Suicide Case for Lack of Showing Deliberate Indifference, Nov. 1, 2025
- Protecting Your Digital Privacy, Oct. 15, 2025
- Idaho Supreme Court Announces Warrantless Search of Civilly Committed Individual Violates Fourth Amendment, Oct. 15, 2025
- Michigan Supreme Court Announces Guidance on Standards for Search Warrants of Cellphones to Satisfy Particularity Requirement of Fourth Amendment That “Reasonably Direct” Search to Uncovering Evidence of Criminal Activity Identified in Warrant, Oct. 15, 2025
- Sixth Circuit: Erlinger Error Requires Resentencing Where Government Cannot Prove Beyond Reasonable Doubt That Jury Would Find Prior Offenses Committed on Different “Occasions”, Oct. 15, 2025
More from these topics:
- Delaware Supreme Court Announces Four-Part Plain Error Framework, Aligning Prejudice Standard With Federal Approach Requiring Reasonable Probability of Different Outcome, March 1, 2026. Preservation of Appellate Rights/Issues, Failure to Object, Hearsay Evidence, Confrontation Clause, Plain Error.
- SCOTUS Holds Sixth Amendment Requires Case-Specific Necessity Determination to Screen Child Witnesses, Rejecting Reliance on Mandatory State Statutes Based on Generalized Legislative Findings, Dec. 15, 2025. Sixth Amendment, Confrontation Clause/Rights, Video/Closed Circuit TV Testimony, Confrontation Clause.
- Montana Supreme Court: Expert Witness Testimony Presented Via Two-Way Video Conferencing Technology Violates Confrontation Clause, Dec. 1, 2024. Eyewitness Testimony, Confrontation Clause/Rights, Confrontation Clause, Sentencing by Videoconferencing.
- California Supreme Court: Defendant Doesn’t Forfeit Claim for Failing to Object to Expert’s Testimonial Hearsay at Trial That Occurred Before Sanchez Was Decided, April 15, 2020. Future Change in the Law, Confrontation Clause.
