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Sixth Circuit Orders New Trial and Reassigns Case to Different Judge Where District Court’s Mishandling Deprived Defendants of Meaningful Opportunity to Prove Juror Bias

Loaded on May 15, 2021 by Douglas Ankney published in Criminal Legal News June, 2021, page 20

by Douglas Ankney

The U.S. Court of Appeals for the Sixth Circuit ordered a new trial and invoked its rarely used power to assign the case to a different judge where defendants were denied a meaningful opportunity to prove juror bias due to the district judge’s mishandling of the case. ...

 

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More from this issue:

  1. Felony Murder: The Crotchet of American Murder Jurisprudence, by Douglas Ankney
  2. Comply or Die: The Only Truly Compliant Person in a Police State Is a Dead One, by John W. Whitehead
  3. Reverse Location Warrants Neglect Particularity Requirement, by Casey Bastian
  4. Cops Increasingly Use Amazon Ring to Target Protestors, by Dale Chappell
  5. Debunked Bite-Mark Comparison Evidence: Wrongfully Convicted Man Freed After Spending Over 25 Years on Death Row, by Casey Bastian
  6. $1.4 Million for Nevada Man Wrongly Imprisoned Over 20 Years, by Dale Chappell
  7. Data: NYPD Still Using Chokeholds Despite Ban, by Kevin Bliss
  8. New Book Scrutinizes Data-Driven Policing
  9. Sixth Circuit Orders New Trial and Reassigns Case to Different Judge Where District Court’s Mishandling Deprived Defendants of Meaningful Opportunity to Prove Juror Bias, by Douglas Ankney
  10. Massachusetts Supreme Judicial Court Invalidates Parole Regulation Prohibiting Aggregation of Life Sentences With Consecutive Sentences, by Matthew Clarke
  11. It’s Time to Reconsider Consent Searches, by Anthony Accurso
  12. Austin, Texas, Diverting Funds From Police to Transform Community, by Edward Lyon
  13. Philadelphia’s Progressive Reform-Minded DA Has Made Tremendous Strides – But Are They Enough to Win Reelection?, by Douglas Ankney
  14. Extreme Prosecutorial Misconduct Results in Wrist Slap, by Edward Lyon
  15. Study: Reduced Pretrial Incarceration Doesn’t Diminish Public Safety, by Casey Bastian
  16. When Police Body Cam Is a ‘Propaganda Tool’, by Edward Lyon
  17. Internet-Connected Devices and the Fourth Amendment, by Anthony Accurso
  18. Are Police Playing Copyrighted Music to Prevent Live Streaming?, by Anthony Accurso
  19. Minnesota Supreme Court Clarifies Meaning of ‘Mentally Incapacitated’ Regarding Consent to Sexual Contact, by Douglas Ankney
  20. Leaving Digital Trails, by Jayson Hawkins
  21. Fourth Circuit: Police Description of ‘More Deliberate’ Second Handshake Than First Handshake Doesn’t Give Rise to Reasonable Suspicion of Drug Transaction Justifying Terry Stop, by Douglas Ankney
  22. Tenth Circuit: Firearm Seizure Not Justified After Inventory Search Is Abandoned, by Anthony Accurso
  23. Study Shows Innocent People Choose False Guilty Pleas and False Testimony to Gain Benefits, by David Reutter
  24. Washington Supreme Court Reaffirms Workman’s Lesser Included Offense Test and Clarifies Confusion in its Application, by Douglas Ankney
  25. Report: Police More Aggressive at Leftwing Rallies, by Kevin Bliss
  26. Eleventh Circuit: Lawyer’s Purposeful Late Filing of Habeas Petition Grounds for Equitable Tolling, by Dale Chappell
  27. Washington Supreme Court Announces State’s Strict-Liability Drug Possession Law Is Unconstitutional, by Douglas Ankney
  28. California Supreme Court Announces Conditioning Pretrial Release on Ability to Afford Bail Unconstitutional, by Douglas Ankney
  29. Ohio Supreme Court: Touching ‘Fog Line’ Doesn’t Justify Traffic Stop, by Douglas Ankney
  30. Sixth Circuit Follows Trend of Reigning in Commentary’s Impermissible Expansion of Sentencing Guidelines, by Douglas Ankney
  31. Nevada Supreme Court Announces Felon’s Possession of Multiple Firearms at One Time and Place Is Only Single Violation of State Statute, by Douglas Ankney
  32. New Hampshire Supreme Court: Defendant Had Subjective and Objective Expectation of Privacy in Apartment Building’s Utility Closet in Common Areas, Evidence Suppressed, by Anthony Accurso
  33. Online Records Impose Digital Punishment for Millions, by Anthony Accurso
  34. Study: Militarizing Police Doesn’t Shrink Crime Rates, by Jayson Hawkins
  35. Georgia Supreme Court: Cumulative Effect of Trial Errors Requires Reversal of Murder Conviction, by Matthew Clarke
  36. Fourth Circuit Finally Holds Davis Retroactive, by Dale Chappell
  37. The Costs of the War on Drugs, by Jayson Hawkins
  38. Tennessee Supreme Court Clarifies Inevitable Discovery Doctrine in Raid of Home to Execute Arrest Warrant, by Anthony Accurso
  39. $27 Million Settlement for George Floyd’s Family, by Jayson Hawkins
  40. Texas Court of Criminal Appeals: Speculation Insufficient to Trigger ‘Forfeiture by Wrongdoing’ Exception to Confrontation Clause, by Dale Chappell
  41. Second Circuit: No Qualified Immunity for Police Detaining and Frisking Man Based Solely on Unconfirmed Hunch, by Matthew Clarke
  42. Colorado Supreme Court Suppresses Evidence on Cellphone Obtained Via Invalid Warrant, Not Cured by Obtaining Second Valid Warrant, by Anthony Accurso
  43. News in Brief

More from Douglas Ankney:

 

 

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