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California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Hearing to Determine Facts Surrounding Felony Murder Charges for Possible Resentencing Under § 1172.6
by David M. Reutter
The Court of Appeal of California, Fourth Appellate District, held that a prisoner’s constitutional and statutory rights to be personally present at an evidentiary hearing to determine if Senate Bill 1437 prohibits charging him with felony murder were violated. Finding the error was not harmless beyond ...
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More from this issue:
- Understanding Fusion Centers, by Michael Thompson
- Unconscious Bias: Facial Features Can Influence Life-or-Death Decisions in Verdicts, by Jo Ellen Nott
- LexisNexis Aids Customs and Border Patrol to Flaunt Fourth Amendment, by Anthony Accurso
- Lung Float Test: Junk Science Used to Convict Women of Murder, by David Reutter
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- Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel, by Douglas Ankney
- Nebraska Supreme Court Announces Probation Search Unlawful When Conducted After Original Term Expired and Before Hearing on Extending Term, by Matthew Clarke
- Pennsylvania Supreme Court: Failure to Disclosure Mental Health Report Showing Key Witness Was a Sociopath Constitutes Brady Violation That Prejudiced Defendant, by Anthony Accurso
- Audit Finds LAPD’s Frivolous Use of Helicopters Flunks Cost/Benefit Analysis, by Douglas Ankney
- The Supreme Court’s Forensic Follies, by Michael Thompson
- Texas Court of Criminal Appeals Announces Correct Computation of Time for Purposes of Determining When Statute of Limitations Has Run for Returning Indictment, by Douglas Ankney
- Research Paper Reveals Laypeople Have Insufficient Understanding of False Confessions by Examining Prior Research Based on Surveys and Mock Juries, by David Reutter
- Preliminary Analysis of Recidivism Data After Three Years Under First Step Act Is Promising but Inconclusive, by Jo Ellen Nott
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- Tenth Circuit Ruling Paves Way for $2.7 Million Settlement for Intellectually Disabled Jail Detainee Raped by Sheriff, Aug. 1, 2025
- Ninth Circuit Agrees That Former Guantanamo Detainee Lacks Grounds to Sue for Waterboarding, Aug. 1, 2025
- Qualified Immunity Denied for Iowa Prison Doctor’s MRI Delay for Non-Medical Reasons, Aug. 1, 2025
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025
- First Circuit: Prosecutor’s Breach of Plea Agreement Requires Government’s Specific Performance of Agreement, Not Specific Performance by District Court, Aug. 1, 2025
- Oregon Prisoners Can Now Seek Economic Damages for Future Lost Income More Easily, July 15, 2025
- $22.5 Million Verdict Arrives Too Late for Wrongfully Convicted Illinois Prisoner, July 15, 2025
More from these topics:
- SCOTUS Announces Sentence ‘Has Not Been Imposed’ for Purposes of First Step Act Retroactivity Upon Resentencing When § 924(c) Offender Sentenced Prior to Act’s Enactment but Sentence Subsequently Vacated, Aug. 1, 2025. Retroactivity, First Step Act, Resentencing, Recidivist Enhancements, Stacking Mandatory Minimum Sentences.
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