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Arizona Supreme Court Allows Third PCR Motion Based on IAC for Erroneous Advice About Parole Eligibility Due to ‘Pervasive Confusion’ Regarding Parole Within Legal Community
Loaded on Nov. 1, 2024
by Anthony Accurso
published in Criminal Legal News
November, 2024, page 44
Filed under:
Parole,
Ineffective Assistance of Counsel,
Remands/Rehearings/Resentencings.
Location:
Arizona.
by Anthony W. Accurso
The Supreme Court of Arizona held that a defendant’s third postconviction relief (“PCR”) motion was not untimely, nor had he waived the issue by failing to file it in earlier petitions, because there was “pervasive confusion” about parole eligibility for decades.
Larry Dean Anderson was convicted ...
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More from this issue:
- SCOTUS Announces Confrontation Clause Prohibits Expert Witness From Testifying About Non-Testifying Expert’s Statements Regarding Forensic Testing Performed by Non-Testifying Expert in Support of Testifying Expert’s Opinion Testimony at Trial, by Sam Rutherford
- NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem, by Douglas Ankney
- Broken Trust The Pervasive Role of Deceit in American Policing, by Andrew Eichen
- WhatsApp’s Security Team Identifies Vulnerabilities, by Michael Thompson
- University of Maryland Carey Law Pioneers Forensic Defense Clinic
- Seventh Circuit Announces Search of Cellphone at Border Constitutes Routine Inspection and Does Not Require Warrant, Probable Cause, or Even Individualized Suspicion, by Sam Rutherford
- Delaware Supreme Court: Counsel Ineffective for Failing to Challenge Search of Cellphone Where Consent Was Ambiguous and Warrant Constituted a General Warrant, by Sam Rutherford
- Barrier-Crime Laws Continue to Unjustly Prohibit Otherwise Qualified Persons With Prior Convictions From Employment, by Douglas Ankney
- Cops Hide Behind Encrypted Radio, by Michael Thompson
- 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, by Sam Rutherford
- Overthrowing the Constitution: All Sides Are Waging War on Our Freedoms, by Nisha Whitehead, John W. Whitehead
- California Court of Appeal: Wearing Puffy Jacket on Hot and Humid Night Does Not Constitute Reasonable Suspicion of Criminal Activity, by Anthony Accurso
- Ninth Circuit Announces California Carjacking Conviction Not Categorically ‘Crime of Violence’ Under Immigration Law for Removal Purposes, by Sam Rutherford
- SCOTUS Clarifies Prejudice Standard Under Strickland for Ineffective Assistance of Counsel Claims at Capital Sentencing, by Sam Rutherford
- Oregon Supreme Court Further Clarifies ‘Guilty Except for Insanity’ Defense, by Sam Rutherford
- Wisconsin District Attorneys’ Police Brady Lists Often Secret, Incomplete, or Nonexistent, by Matthew Clarke
- Georgia Supreme Court: Discovery of Common Law Wife’s Infidelity Entitled Defendant to Voluntary Manslaughter Instruction in Malice Murder Prosecution, by Sam Rutherford
- Arizona Supreme Court Allows Third PCR Motion Based on IAC for Erroneous Advice About Parole Eligibility Due to ‘Pervasive Confusion’ Regarding Parole Within Legal Community, by Anthony Accurso
- Chicago PD Continues Racial Profiling While Underreporting Incidents of Traffic Stops, by Jo Ellen Nott
- Wisconsin Supreme Court: Officer Violated Fourth Amendment by Exceeding Scope of Community Caretaking Function During Traffic Stop, by Sam Rutherford
- Seventh Circuit Holds Sentencing Guidelines Commentary Still Entitled to Deference, by Sam Rutherford
- ICE’s Deadly Force Problem: A Culture of Impunity, by Jo Ellen Nott
- News In Brief
- A New Approach to Drug Testing: Electrochemical Sensors and Raman Spectroscopy, by Jo Ellen Nott
More from Anthony Accurso:
- Sixth Circuit Holds Dismissal Not Automatic When Plaintiff Simultaneously Files Same Claims in State Court, Aug. 1, 2025
- Delaware’s ACLU Files Action on Behalf Of Six Prisoners Assaulted During Midnight Raid, Aug. 1, 2025
- DOJ Inspects BOP Food Service Operations, Finds Troubling Issues at Multiple Facilities, Aug. 1, 2025
- Guaranteed Basic Income Programs for Prisoners Reduce Food Insecurity and Homelessness, Aug. 1, 2025
- Ninth Circuit: ‘Dominion and Control’ Provision of Search Warrant for Suspect’s Computer That Lacked Temporal or Other Limitation Constitutes General Warrant, Aug. 1, 2025
- Nearly $60,000 Awarded to Mother Of Dead Missouri Prisoner In Suit For His DOC Records, July 15, 2025
- $42,000 Paid to Wisconsin Prisoner Allowed to Harm Himself While Under Observation, July 15, 2025
- Ongoing Detainee Deaths Push Rikers Island into Federal Court Receivership, July 15, 2025
- The Dangerous Practice of Late-Night Jail Releases, July 15, 2025
- Percentage Of Prisoners Serving Life Without Parole Is Up Despite Overall Decrease in Prison Population, July 15, 2025
More from these topics:
- Illinois Supreme Court Announces Conviction for Attempted First Degree Murder Requires ‘Intent to Kill Without Lawful Justification, Aug. 1, 2025. Jury Instructions, Ineffective Assistance of Counsel, Inconsistent.
- Percentage Of Prisoners Serving Life Without Parole Is Up Despite Overall Decrease in Prison Population, July 15, 2025. Parole, Life without Parole (LWOP), Implementing the Total Sentence.
- News in Brief, June 1, 2025. Staff-Prisoner Assault, Guard Misconduct, Excessive Force, Guard Brutality/Beatings, Ineffective Assistance of Counsel.
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025. Habeas Corpus, Sixth Amendment, Ineffective Assistance of Counsel.
- New York Lifts Hiring Ban on Fired Striking Prison Guards, Announces Early Prisoner Releases, May 1, 2025. Work Strikes, Staffing, Parole, Guard Unions, Bail/Pretrial Release, Probation, Parole & Supervised Release.
- 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.
- Massachusetts Supreme Judicial Court: Defense Counsel Had Actual Conflict of Interest Where Own Performance During Police Interview of Defendant Could Serve as Basis of Motion to Suppress Based on Ineffective Assistance of Counsel, New Trial Required W, March 15, 2025. Ineffective Assistance of Counsel, Motions To Suppress, Conflict of Interest.
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
- Ninth Circuit: Defense Counsel Ineffective for Failing to Move to Suppress Evidence Obtained as a Result of Police Officer Trespassing on Curtilage of Defendant’s Home, Feb. 1, 2025. Ineffective Assistance of Counsel, Motions To Suppress, Searches - Home/Curtilage, Suppression.
- Fifth Circuit Leaves Louisiana Prisoner Waiting for Reinstated Parole, Jan. 15, 2025. Parole, Overdetention, Victim's Rights to Enforce Collection.