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Kansas Supreme Court Announces Complete and Wrongful Denial of Defendant’s Constitutional Right to Testify Constitutes ‘Structural Error’ and Reverses Convictions Where Defendant Removed From Stand and Entire Testimony Stricken
Loaded on Oct. 1, 2024
by Douglas Ankney
published in Criminal Legal News
October, 2024, page 30
Filed under:
Procedural Default/Error,
Right to Testify,
Right to Testify/Remain Silent.
Location:
Kansas.
by Douglas Ankney
The Supreme Court of Kansas held that the complete and wrongful denial of criminal defendant John R. Cantu’s constitutional right to testify by removing him from the stand and striking his entire trial testimony constituted structural error and that the Court of Appeals erred in holding that the ...
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More from this issue:
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- Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge, by Anthony Accurso
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- Federal Judges Closing Loophole That Permits Government to Conduct Warrantless Searches of Cellphones at Border, by Douglas Ankney
- Texas Court of Criminal Appeals: Trial Court Violated Defendant’s ‘Due Process’ Right to Be Present During Zoom Probation Revocation Hearing by Muting Him, by Sam Rutherford
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- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, by Dale Chappell
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- Fourth Circuit Excuses Maryland Prisoner From Exhaustion Requirement in PREA Claim, April 1, 2025
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- Maryland Supreme Court: Trial Court Abused Its Discretion by Failing to Exercise That Discretion Where It Summarily Refused Requested Jury Instruction Because It Was a Non-Pattern Instruction and ‘Some Evidence’ Supported the Instruction, March 15, 2025
- $100,000 Settlement Reached in New York Prisoner’s Solitary Confinement Suit, After Jury for First Time Finds Practice Violates Eighth Amendment, March 1, 2025
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- U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence, Jan. 15, 2024. AEDPA, Procedural Default/Error, Proving Cause, Capital Cases, Procedural Error, Effective Assistance of Counsel, Counsel - Right to, Counsel - Effective Assistance of, Strickland Standard, Per se ineffectiveness, Right to Counsel.
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- SCOTUS Announces Statute of Limitations for § 1983 Claim Challenging State’s Postconviction DNA Testing Procedures Begins to Run Upon Completion of State-Court Litigation, Including Appeals, May 15, 2023. DNA Testing/Samples, Procedural Default/Error.
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- Seventh Circuit: District Court’s Failure to Address Nonfrivolous Argument Raised in First Step Act Motion Constitutes Procedural Error in Violation of Concepcion, April 15, 2023. Frivolous Litigation (PLRA), First Step Act, Procedural Default/Error.
- SCOTUS: Arizona Supreme Court’s Interpretation of State Procedural Rule so ‘Novel and Unforeseeable’ It’s Not ‘Adequate’ to Preclude SCOTUS Review of Federal Death-Penalty Claim, March 15, 2023. Death Penalty, Procedural Default/Error.
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- Fifth Circuit: New, Retroactive Supreme Court Decision Allowing SOS Habeas Petition Not New Enough to Avoid Procedural-Default Bar, Sept. 15, 2022. AEDPA, Procedural Default/Error.