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New Jersey Supreme Court: Allowing Jury to Hear Defendant’s Invocation of Right to Counsel in Recorded Statement Together With Prosecutor Inferring Guilt Based on Request for Counsel Entitles Defendant to New Trial
Loaded on March 15, 2023
by Jacob Barrett
published in Criminal Legal News
April, 2023, page 34
Filed under:
Jury Instructions,
New Trial Motions,
Counsel - Right to,
Perjury/Perjured Testimony.
Location:
New Jersey.
by Jacob Barrett
The Supreme Court of New Jersey reversed the convictions and sentence of Quinnizel J. Clark, ruling that allowing a jury to hear the invocation of his right to counsel and the prosecutor’s comments in summation could have led to a result it otherwise might not have reached. ...
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More from this issue:
- After Years of Hard Work and Dedication, Adnan Syed Is Freed by Serendipity, by Jayson Hawkins
- The Power of the Prosecutor in America: Abuse, Misconduct, Unaccountability, and Miscarriages of Justice, by Casey Bastian
- Massachusetts Supreme Court: Probationer’s Due Process Right to Present a Defense Violated Where Denied Opportunity to Call Complainant Who Alleged Sexual Assault as a Witness During Probation Revocation Hearing, by Harold Hempstead
- Fourth Circuit: Immigration Judge’s Failure to Inform Noncitizen of Right to Appeal Deportation Order Was Prejudicial and Invalidated Later Indictment for Illegal Reentry, by Jacob Barrett
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- Eighth Circuit Announces ‘Probable Cause’ Is Proper Standard for Determining Whether Parolee Resides at Third-Party’s Residence for Purposes of Warrantless Searches, by Anthony Accurso
- Minnesota Supreme Court Announces Plain Language of Interference With Privacy of a Minor Statute Requires That Defendant Must Have Known Victim Was Under 18 at Time of Offense, by Jacob Barrett
- 360 Degree Surveillance: How Police Use Public-Private Partnerships to Spy on Americans, by John W. Whitehead, Nisha Whitehead
- Texas Court of Criminal Appeals: Adding Felony Counts by Amending Indictment Constitutes Addition of More Offenses, by Douglas Ankney
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- The Mounting Geofencing Threat, by Michael Thompson
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- Sixth Circuit: Plain View Doctrine Does Not Apply Where Items Inside Vehicle Were Not Immediately and Apparently Incriminating When Viewed by Police Positioned Outside Vehicle, by Anthony Accurso
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More from Jacob Barrett:
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- $17.675 Million Paid for New Yorker’s Wrongful Conviction, June 15, 2023
- Eighth Circuit Greenlights Arkansas Execution Protocol, June 15, 2023
- Second Circuit Upholds Connecticut Prison Porn Ban, Sets Up Circuit Split Over “Vagueness” Test, June 15, 2023
- Louisiana Sheriff Coughs Up $2.75 Million After Falsely Claiming Detainee Died From Accidental Fall, June 15, 2023
- Nevada Pays Over $568,000 for Denying Prisoner Cataract Surgery, Ends “One Good Eye” Policy, June 15, 2023
- Corizon Bankruptcy Threatens $6.4 Million Award to Family of Michigan Prisoner Whose Five-Day Jail Term Turned Into Death Sentence, June 1, 2023
- Detainee Allegedly “Eaten Alive” by Vermin in Overcrowded Atlanta Jail, May 1, 2023
- Ninth Circuit: Grievance Policy May Excuse Oregon Prisoner’s Failure to Exhaust Administrative Remedies, May 1, 2023
- Nevada Pays Over $568,000 for Denying Prisoner Cataract Surgery, Ends “One Good Eye” Policy, May 1, 2023
More from these topics:
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- Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated, Nov. 1, 2024. Habeas Corpus, Custodial Interrogations/Statements, Counsel - Right to.
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- Misconduct Shades Sexual Assault Suit As Hawaii Settles With Prisoners for $2 Million, Feb. 1, 2024. Staff-Prisoner Assault, DOC/BOP misconduct, New Trial Motions, Discovery.
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