by Anthony Accurso
It seems like everyone is talking about criminal justice reform these days. Cross-partisan reforms are happening throughout the county as politicians of nearly all stripes seem to have emerged from a lock’em up binge into the next morning hangover of mass incarceration.
Most of the attention has ...
by Anthony Accurso
The Court of Appeals of Maryland held that a defendant’s flight during an illegal stop and frisk did not attenuate the link between the officers’ misconduct and the discovery of evidence to justify the court’s denial of the defendant’s suppression motion.
Tamere Thornton was sitting ...
by Anthony Accurso
The U.S. Court of Appeals for the Ninth Circuit held the California Supreme Court was objectively unreasonable when it denied defendant’s claim that his lawyer provided ineffective assistance of counsel for failing to investigate or present any mitigating evidence at the penalty phase of his ...
by Anthony Accurso
The U.S. Court of Appeals for the Fifth Circuit held that the defendants’ convictions under 18 U.S.C. § 924 could not stand because they likely relied on the residual clause of § 924(c) that was voided for vagueness in United States v ...
by Anthony Accurso
The U.S. Court of Appeals for the Ninth Circuit held that inadvertently placing a pocket knife on the counter during a robbery did not constitute “use” of a dangerous weapon during a robbery and overturned the defendant’s plea for lacking the proper factual basis to support ...
by Anthony Accurso
The Supreme Court of Connecticut held that the lower court erred in denying defendant’s search of his apartment where the police failed to obtain a warrant and defendant had a reasonable expectation of privacy in his home, despite being a mere five days past due on ...
by Anthony Accurso
The U.S. Court of Appeals for the Seventh Circuit joined the Fourth and Tenth Circuits in holding that tier classification under the Sex Offender Registration and Notification Act (“SORNA”) compels a hybrid approach to classifying a defendant’s crime, which underlies a charge of failing to register ...
by Anthony Accurso
The U.S. Court of Appeals for the First Circuit held that when a prosecutor performs a purely administrative function in relation to a criminal prosecution, she does not enjoy absolute prosecutorial immunity from suits brought under 42 U.S.C. § 1983.
Rolando Penate was charged ...
by Anthony Accurso
The Supreme Court of the State of Delaware held that when a defendant has been declared competent to plead guilty he retains the right to revoke his plea of “guilty but mentally ill” before the court accepts it.
Martin Taylor was found with knife wounds on his ...
by Anthony Accurso
The U.S. Court of Appeals for the Fourth Circuit held that retroactive ACCA claims are not barred by a defendant’s appeal waiver, and defendant’s 1976 Georgia burglary conviction is no longer a valid ACCA predicate.
Randall Cornette was convicted of being a felon in possession of ...
