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Articles by Anthony Accurso

Sixth Circuit: Ohio’s Stringent Post-Conviction Filing Deadline Opens Window for Federal Review Under Trevino

by Anthony Accurso

The U.S. Court of Appeals for the Sixth Circuit held that Ohio’s strict application of its post-conviction challenge deadline deprived a defendant of meaningful review of his ineffective assistance of counsel claim. 

Vincent White was convicted in an Ohio court of several violent crimes, including six ...

Unsurprisingly Lenient Sentence for Rapist Cop

by Anthony Accurso

A now-former Louisville, Kentucky, Metro Police officer was sentenced to just five years for five rapes and possession of child pornography. The rapes were reduced to misdemeanors, while the latter was a felony conviction.

The first victim came forward against Louisville Metro PD officer Pablo Cano in ...

Alabama Sheriff Denied Immunity for False Charges Against Whistleblower

by Anthony Accurso

An Alabama sheriff was denied immunity for acts taken to extort and silence a whistleblower who exposed her corruption.

In Alabama, sheriffs are allowed to receive as personal income any excess funds “left over” after feeding (or rather, starving) jail inmates. Former Sheriff Greg Bartlett was nicknamed ...

DA’s Office Files Bar Complaint on Its Own Former Prosecutor

by Anthony Accurso

The Santa Fe, New Mexico, District Attorney’s Office submitted a formal complaint to the state’s Bar Association alleging that former prosecutor Jason Lidyard (who is now a district court judge) intentionally withheld exculpatory evidence in a murder case.

Lidyard was assigned to the case against Caleb Calandro, ...

Employers are Adjusting to Hiring Ex-Offenders

by Anthony Accurso

A recent look at how Indianapolis companies are adjusting to hiring ex-offenders highlights opportunities and challenges for the newly released around the country.

Nationally, the prison population has decreased 1.3 percent from 2017 to 2018, but in some states, prison populations are on the rise. Indiana saw ...

New York Court of Appeals Reverses Conviction Where Trial Court Negotiated Cooperation Agreement with Codefendant

by Anthony Accurso

The Court of Appeals of New York reversed a defendant’s conviction for robbery because the trial court entered into a plea agreement with a codefendant that required the codefendant to testify against the defendant in exchange for sentencing leniency.

Agade Towns was convicted of six counts of ...

Hawai’i Supreme Court: Time Spent in Arizona Prison Counts Toward Speedy Trial Rule in Hawai’i

by Anthony Accurso

The Supreme Court of Hawai’i held that a defendant’s time spent in the custody of the State, though he was in a mainland prison in Arizona, did not make him “unavailable” for trial.

Charly Hernane was charged with the second-degree murder of his mother, Teresita Dumalan Hernane, ...

California Court of Appeal: Electronics Searching Condition Struck in Mandatory Supervision Case

by Anthony Accurso

The Court of Appeal of California, Second Appellate District, held that a condition imposed during a mandatory supervision period that required the defendant to submit to searches of any electronic device in his possession was overly broad and unrelated to preventing future criminality.

Clydell Bryant was charged ...

Nevada Supreme Court: Parole Board May Petition To Modify Life Sentence

by Anthony Accurso

The Supreme Court of Nevada held that the Nevada Board of Parole Commissioners had the authority to petition a district court to modify a defendant’s sentence and remove him from lifetime parole.

Marlin Thompson was convicted of murder and attempted murder in 1978 for which he received ...

Eighth Circuit: Defendant Who Pleaded Guilty to State Felonies Didn’t Know He Couldn’t Possess Firearms Prior to Sentencing Because He Didn’t Know He Had Been Convicted

by Anthony Accurso

The U.S. Court of Appeals for the Eighth Circuit held that a defendant didn’t “know” he had been convicted of a felony under Iowa law after entering a guilty plea but before his sentencing to a deferred judgment and thus vacated his federal conviction for being a ...

 

 

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