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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
by Sam Rutherford
The U.S. Court of Appeals for the Third Circuit affirmed the U.S. District Court for the Middle District of Pennsylvania’s order granting a Pennsylvania prisoner’s habeas corpus petition based on violations of his right to confront an adverse witness and to effective assistance of counsel. Both claims ...
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More from this issue:
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, by Douglas Ankney, James Mills
- Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments, by Sam Rutherford
- D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination, by Anthony Accurso
- A Gift America Can’t Return: The Police State Is America’s New Crime Boss, by Nisha Whitehead, John W. Whitehead
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, by David Reutter
- 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, by Sam Rutherford
- Examining Pro-Prosecution Bias in the Judiciary: Unconscious Biases of a Prosecutorial Background, by Casey Bastian
- Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed, by Anthony Accurso
- California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, by Douglas Ankney
- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, by Sam Rutherford
- Reining in Police Monitoring of Social Media, by Michael Thompson
- Study: DNA Transfer in Social Settings, by Michael Thompson
- 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, by Sam Rutherford
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, by David Reutter
- 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, by Sam Rutherford
- First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased, by Anthony Accurso
- Police Departments Are Now Using AI to Write Reports, by Anthony Accurso
- 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, by Sam Rutherford
- Law Enforcement Obscures Use of Facial Recognition Technology, by Sam Rutherford
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, by David Reutter
- News in Brief
- Study Reveals Best DNA Recovery Spots on Drug Baggies, by James Mills
More from Sam Rutherford:
- Self-Harming Wisconsin Prisoner Settles Failure-to-Protect Suit for $7,000, April 1, 2025
- SCOTUS Clarifies It Had Already Been ‘Clearly Established Federal Law’ in 2004 for Purposes of AEDPA That Evidence at Trial Can Be So Prejudicial as to Violate Due Process, March 15, 2025
- 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
More from these topics:
- News in Brief, June 1, 2025. Staff-Prisoner Assault, Guard Misconduct, Excessive Force, Guard Brutality/Beatings, Ineffective Assistance of Counsel.
- Florida Prisoner Returns to Custody After Overturned Conviction Reinstated, May 1, 2025. False Statements/Perjury, Resentencing, Witnesses - Prior Statements/Testimony, Effect of Vacatur, Brady/Giglio/Jencks Act Issues.
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.
- Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises, April 15, 2025. Premises Liability, Witnesses - Prior Statements/Testimony, Felony Drug Offense, Confessions and Statements of Defendant.
- A Black Box, a Guilty Plea, and an Uncertain Truth, April 15, 2025. DNA Testing/Samples, Computer Searches, Forensic Sciences, Plea Agreements/Guilty Pleas.
- Shakedown in New Mexico: Decades-Long Police Corruption Scandal Rocks Albuquerque’s DWI Unit, March 15, 2025. Police Misconduct, Bribery, Plea Agreements/Guilty Pleas.
- 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.
- Former Vermont Sheriff Takes Plea Deal in Sexual Assault Case, March 1, 2025. Staff-Prisoner Assault, Police/Govt Misconduct, Plea Agreements/Guilty Pleas.
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025. Databases, Disclosure of Records, Public Records Act, Federal Rules of Criminal Procedure, Plea Agreements/Guilty Pleas.
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025. COVID-19, Confrontation Clause/Rights, Practitioner Exception.