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Vermont Supreme Court Eliminates Year-and-a-Day Rule in Murder Prosecutions
by Sam Rutherford
The Supreme Court of Vermont abrogated the common-law year-and-a-day rule, under which the victim must die within one year and a day of the defendant’s criminal conduct to support a murder charge, thus reinstating a murder prosecution initiated against the defendant nearly two decades after his criminal ...
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More from this issue:
- California Court of Appeal Announces Youthful Defendants Sentenced to Terms ‘Functionally Equivalent’ to LWOP Entitled to Resentencing Under § 1170(d), by Sam Rutherford
- Maryland Supreme Court Clarifies Process for Admitting Co-Conspirator’s Hearsay Statements During Police Interview Under ‘Declaration Against Penal Interest’ Exception, Trial Court Must ‘Parse’ Interview to Determine Admissibility of Each Statement, by Sam Rutherford
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, by Dale Chappell
- Ninth Circuit Announces ‘Hate Crime’ Sentence Enhancement Under Guidelines § 3A1.1(a) Requires Finding Defendant Motivated by Hate or Animus, by Sam Rutherford
- Surveilling the Harms of Electronic Monitors, by Michael Thompson
- The Murky Waters of Parole, by David Reutter
- Study Highlights Limitations in Forensic DNA Analysis Involving Lower Genetic Diversity Groups, by Jo Ellen Nott
- Careful What You Search For, by Michael Thompson
- Massachusetts Supreme Judicial Court Clarifies Trial Court Must Conduct Inquiry Whether Defendant Knowingly and Voluntarily Waived Right to Counsel at ‘Any Stage of a Case,’ Including Arraignment or Plea Hearing, by Sam Rutherford
- 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, by Sam Rutherford
- Ninth Circuit Announces California Assault With Deadly Weapon Conviction Not ‘Crime of Violence’ for Career Offender Enhancement Under Sentencing Guidelines, by Sam Rutherford
- New AI Tool Harnesses Microbiomes for Forensic and Medical Breakthroughs, by Jo Ellen Nott
- California Court of Appeal Strikes Prison Prior Enhancement for Invalid Predicate Offense Under § 1172.75 Despite Concurrently Served Valid Predicate, by Sam Rutherford
- Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search, by Anthony Accurso
- First Step Act Linked to Modest Reductions in Time Served by Federal Prisoners, by Jo Ellen Nott
- Eleventh Circuit: Asylee’s Florida Convictions for Marijuana Possession and Lewd and Lascivious Battery Do Not Warrant Removal Under INA, by Sam Rutherford
- Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims, by Douglas Ankney
- Mass Spectrometry Being Studied as Way to Analyze Overlapping or Weak Fingerprints, by Anthony Accurso
- Vermont Supreme Court Eliminates Year-and-a-Day Rule in Murder Prosecutions, by Sam Rutherford
- Chicago’s Police Body Cam Transparency, by Michael Thompson
- Ninth Circuit Announces ‘Clear Error’ Review Applies to District Courts’ Factual Findings for Brady Challenges and Affirms District Court’s Mid-Trial Order Excluding Witness Testimony and Imposing Monetary Sanctions for Government’s Brady Violation, by Sam Rutherford
- Federal Facial Recognition Technology Fails Again, by Michael Thompson
- Colorado Bureau of Investigation Admits Over 1,000 Cases Affected by DNA Test Misconduct, by James Mills
- Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case, by Sam Rutherford
- News in Brief
- Seeking Justice for Two: The DNA Scandal That Shook a Community
More from Sam Rutherford:
- Ninth and Tenth Circuits Find Bivens Extension Orders Not Immediately Appealable, March 1, 2025
- New Mexico Corrections Department Continues Pattern of Abuse With Contract Medical Provider Wexford Health Sources, Feb. 15, 2025
- Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments, Feb. 15, 2025
- 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
- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, Feb. 15, 2025
- Washington DOC Physician Assistant Surrenders Medical License in Wake of Malpractice Allegations, Feb. 15, 2025
- California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, Feb. 15, 2025
- Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction, Feb. 15, 2025
- California Court of Appeal Announces Equal Protection Entitles Youth Offenders Convicted of Special Circumstances Murder Predicated on Robbery or Burglary to Franklin and Parole Hearings Under Cal. Penal Code § 3051, Feb. 15, 2025
- Law Enforcement Obscures Use of Facial Recognition Technology, Feb. 15, 2025
More from these topics:
- DOJ Finds “Horrific and Inhumane” Conditions in Georgia Prisons, March 1, 2025. Prison/Jail Murders, Conditions of Confinement, Staffing, Cruel and Unusual Punishment.
- U.S. Justice Department Investigating Tennessee CoreCivic Prison After Mother of Murdered Prisoner Reaches Settlement, March 1, 2025. Corrections Corporation of America/CoreCivic, Prison/Jail Murders, Staffing, Settlements, Wrongful Death.
- Mayhem, Murder and Staff Misconduct at Brooklyn BOP Lockup, March 1, 2025. Cell Searches, Drug Testing, Prison/Jail Murders, Guard Brutality/Beatings, Cell Phone Access, Searches - Cellphones/Computers/Internet.
- Federal Court Lets BOP Withhold Mortality Reviews Under FOIA, March 1, 2025. Prison/Jail Murders, Wrongful Death, Bureau of Prisons (BOP), Freedom of Information Act (FOIA).
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025. Settlements, Wrongful Conviction, Wrongful Imprisonment, Murder/Felony Murder.
- California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, Feb. 15, 2025. Disclosure of Records, Police, Brady Violations, Murder/Felony Murder, Resentencing, Prior Conviction/Sentence/Incarceration, Evidence - Admissibility.
- California Court of Appeal Announces Equal Protection Entitles Youth Offenders Convicted of Special Circumstances Murder Predicated on Robbery or Burglary to Franklin and Parole Hearings Under Cal. Penal Code § 3051, Feb. 15, 2025. Equal Protection Clause/Claims, Murder/Felony Murder, Juvenile Offenses/Offenders, Probation, Parole & Supervised Release.
- Nearly $12 Million Paid to Mentally Disabled Indiana Prisoner Wrongly Convicted of Murder, Jan. 15, 2025. Disabled Prisoners, Prison/Jail Murders, Settlements, Wrongful Conviction.
- No Charges in Alabama Prisoner’s Torture, Rape and Murder, Jan. 15, 2025. Prisoner-Prisoner Assault, Guard Misconduct, Prison/Jail Murders, Deliberate Indifference.
- California Court of Appeal Announces Postconviction Discovery Permitted in Resentencing Under Penal Code § 1172.6 for Felony Murder and Natural and Probable Consequences Murder Convictions, Dec. 15, 2024. Presentence Reports (PSRs), Murder/Felony Murder.
