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Concealed Exculpatory Evidence and New Palm Print Evidence Frees Wrongfully Convicted Man After 21 Years in Prison
by Douglas Ankney
In April 2021, Jonathan Smith, Sr. was freed after serving nearly 21 years in prison for a murder he did not commit. Last year, the Maryland Court of Appeals unanimously reversed the 2001 murder convictions against Smith and his codefendant, David Faulkner, and granted both men Writs ...
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More from this issue:
- The Clash Between Closed-Source Forensic Tools and the Confrontation Clause, by Anthony Accurso
- Make Way for the Snitch State The All-Seeing Fourth Branch of Government, by Nisha Whitehead, John W. Whitehead
- Massachusetts Supreme Judicial Court: Withholding Exculpatory Statement Change by Key Witness Constitutes Brady Violation, Requiring New Trial, by Matthew Clarke
- Qualified Immunity Driven by Irrational Fear of Cops Being Held Personally Liable, by Dale Chappell
- Wyoming Supreme Court: Fleeing Into Home After Traffic Offense Not Exigent Circumstance Justifying Warrantless Entry, by Anthony Accurso
- SCOTUS: § 2(a) of Fair Sentencing Act Modifies Statutory Penalties Only for Subparagraphs (A) and (B) of 21 U.S.C. § 841(b)(1)— the Mandatory-Minimum Provisions, by Douglas Ankney
- SCOTUS: ‘Exceeds Authorized Access’ Under the CFAA Means Accessing Areas of Computer That Are Off-Limits on Computer Otherwise Authorized to Access, by Douglas Ankney
- Fourth Circuit: Sentence Vacated for Failure to Properly Analyze Leadership Role Factors, by Anthony Accurso
- Tenth Circuit Joins Other Circuits, Holding Federal Offense of Conviction, Not Underlying Conduct, Determines First Step Act Eligibility, by Dale Chappell
- Hawaii Supreme Court: Trial Counsel Must Inform Defendant That Deportation ‘Will Be Required’ for Plea to Aggravated Felony, IAC for Advising Deportation ‘Almost Certain’, by David Reutter
- Study: Innocent Children Likely to Plead Guilty, by David Reutter
- Fourth Circuit: District Court Must Recalculate Guidelines Sentencing Range and Conduct Analysis of § 3553(a) Factors Even if Same Sentence Would Be Imposed Under First Step Act, by Dale Chappell
- "Sixth Circuit Grants Habeas Relief Because Trial Judge Redacted Key Portion of Witness’ Testimony Presented to Jury in Violation of Confrontation Clause", by Dale Chappell
- JusticeText Software Helps Defense Attorneys Review Audiovisual Evidence, by Anthony Accurso
- Seventh Circuit Finds Lack of Evidence, Grants Habeas Relief, and Orders ‘Immediate Release’, by Dale Chappell
- Ninth Circuit: IAC Under Strickland Satisfies Rhines’ ‘Good Cause’ Standard to Stay Federal Habeas Petition, Allowing Exhaustion of State Court Remedies, by Dale Chappell
- Wisconsin Supreme Court: Officer’s Retention of Driver’s License Without Reasonable Suspicion to Delay Until Arrival of Drug Dog Constitutes Unlawful Seizure, by Anthony Accurso
- Tenth Circuit: Warrant Authorizing Search for Items ‘Involved in Crime’ Violates Fourth Amendment’s Particularity Requirement, Not Saved by Doctrine of Severability, by Anthony Accurso
- The Legacy of Len Bias, by Jayson Hawkins
- Massachusetts Supreme Court Revisits Lougee and Announces Framework for Determining When Pretrial Detention Prolonged Due to COVID Violates Due Process, by Douglas Ankney
- North Dakota Supreme Court Holds Attempted Knowing Murder Is Non-Cognizable, by Matthew Clarke
- California Court of Appeal: § 1170.95(e) Permits Trial Courts to Redesignate More Than One Underlying Felony in Resentencing Vacated Felony-Murder Conviction, by Douglas Ankney
- North Carolina Court Rules That Felons Not in Prison Must Be Allowed to Vote, by Chuck Sharman
- Seventh Circuit: Prosecutor’s Comments Not Supported by Evidence Denied Defendant Fair Trial, Affirms Habeas Relief, by Dale Chappell
- Arizona Supreme Court: Trial Courts Have Broad Discretion to Disqualify Entire Prosecutor’s Office Based on Appearance of Impropriety, by Douglas Ankney
- Mississippi Supreme Court: Failure to Timely File Motion to Suppress Confession Obtained as Result of Police Threats and Promises Constitutes Ineffective Assistance of Counsel, by Matthew Clarke
- Federal Judge: ‘Offense of Conviction’ Under Guidelines Excludes Relevant Conduct for Sentencing, by Dale Chappell
- Indiana Supreme Court Applies Recently Announced Proportionality Framework for In Rem Fines and Holds Forfeiture of $35,000 Land Rover Grossly Disproportionate to Underlying Offense in Violation of Eighth Amendment, Ending 7-Year Saga, by Douglas Ankney
- Putting Police Use of Spy Tech Under Community Control, by Anthony Accurso
- Seventh Circuit: Cronic Doesn’t Provide Exclusive Situations for its Application, Finds Attorney Abandonment at Sentencing Despite Counsel Being Physically Present, by Dale Chappell
- Law Enforcement Underwhelmed by Clearview AI, by Anthony Accurso
- Study Finds Lack of Uniformity in New DNA Technology, by Jayson Hawkins
- 11th Circuit: District Court Must Demonstrate It Considered § 3553(a) Factors When Denying Motion for Compassionate Release, by Douglas Ankney
- California Town Pays $6 Million to Family of Mentally Ill Man Tasered by Cop
- Fourth Circuit: RICO Conspiracy Isn’t ‘Crime of Violence’ for § 924(c) Purposes, by Douglas Ankney
- California Supreme Court Announces Predicate Offenses for Gang Enhancement or Gang Participation Not Provable Using Expert Witness Testimony Without Personal Knowledge of Facts, by Matthew Clarke
- Newark Police Didn’t Discharge a Single Firearm in 2020, and the Crime Rate Fell, by Jayson Hawkins
- SCOTUS Reinstates Death Sentence Reversed by Eleventh Circuit, by Matthew Clarke
- Study Finds Interactive Lineup Improves Accuracy of Eyewitness Identification, But Does It Also Increase Likelihood of False Identifications?, by Matthew Clarke
- FBI Fails to Track Police Use of Force, by Jayson Hawkins
- Concealed Exculpatory Evidence and New Palm Print Evidence Frees Wrongfully Convicted Man After 21 Years in Prison, by Douglas Ankney
- News in Brief
More from Douglas Ankney:
- Tenth Circuit Upholds Nearly $8.8 Million Judgment for Utah Jail Death, June 1, 2025
- $1.2 Million in Settlements Reached in Suit Over Sacramento Jail Murder, May 1, 2025
- Eleventh Circuit Revives Volunteer Pastor’s First Amendment Claim at Georgia Jail, May 1, 2025
- Wellpath Sanctioned for Discovery Violation in Suit Over Kentucky Prisoner’s Death, May 1, 2025
- Second Circuit Revives Connecticut Prisoner’s Challenge To Conditions In Virginia Lockup Where He Was Transferred, May 1, 2025
- Missouri Pays More Than $1.2 Million for Deputy Warden’s Sexual Harassment Claim Against Warden, May 1, 2025
- Beyond a Reasonable Doubt? Fingerprint Evidence’s Troubling Flaws, April 15, 2025
- Connecticut Supreme Court Announces Teague’s ‘Watershed’ Rule Exception to Nonretroactivity of New Constitutional Rule of Criminal Procedure on Collateral Review Has ‘Continued Vitality’ in Connecticut, Adoption of Third Exception to Teague’s Nonretroacti, April 15, 2025
- Fourth Circuit: District Court Erred in Imposing ‘Managerial Role’ Enhancement Under Guidelines § 3B1.1(b) Without Making ‘Particularized Findings’ Regarding Scope of Criminal Activity and Number of Participants as Required by Guidelines §1B1.1, April 15, 2025
- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, April 1, 2025
More from these topics:
- Kansas Supreme Court Denies Compensation to Former Prisoner Whose Conviction Was Overturned, May 1, 2025. Wrongful Conviction, Damages - Compensatory.
- New Orleans Public Defender’s “Redeem Team” Says: “Re-entry Is Never Over”, May 1, 2025. Settlements, Wrongful Conviction, Life without Parole (LWOP), Juveniles, Post-release, ex-offender, re-entry, Remands/Rehearings/Resentencings.
- Texas Courts, Legislature at Odds over Executing Potentially Innocent Death Row Prisoner, May 1, 2025. Wrongful Conviction, Death Penalty/Death Row, Actual Innocence/Claim of Innocence, Opposition to the Death Penalty, Lethal Injection Method of Execution.
- Los Angeles County Pays $24 Million to Two Former Prisoners Wrongly Convicted as Teens of 1997 Murder, May 1, 2025. Informants, Settlements, Wrongful Conviction, False Exculpatory Statements.
- Beyond a Reasonable Doubt? Fingerprint Evidence’s Troubling Flaws, April 15, 2025. junk science, Wrongful Conviction, Fingerprint Evidence.
- Nearly 150 Exonerations in 2024 Highlight Persistent Flaws in U.S. Criminal Justice System, April 15, 2025. Criminal justice system reform, Wrongful Conviction.
- Connecticut Compensates Exonerated Prisoners, Reforms Policing, April 15, 2025. Police Misconduct, Settlements, Wrongful Conviction.
- A Song for Condemned Alabama Prisoner, April 1, 2025. Witnesses, Telephone Monitoring, Evidence - Failure to Disclose.
- Biden Clemency Recipients Included Virginians Sentenced for “Acquitted Conduct”, April 1, 2025. Wrongful Conviction, Pardons/Clemency, False Confessions, Drug Laws/Offenses.
- $7.15 Million for Oklahoma Prisoner Exonerated After Nearly 50 Years, April 1, 2025. Settlements, Wrongful Conviction.