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Articles by Christopher Zoukis

Georgia Supreme Court Grants New Trial After Trial Transcript Lost

by Christopher Zoukis

The Georgia Supreme Court unanimously ruled on October 2, 2017 that a convicted murderer was entitled to a new trial because the original trial transcript was destroyed in a fire, and the State’s efforts to recreate it were wholly insufficient.

Craig Johnson was found guilty of malice ...

New Jersey Supreme Court Provides Guidance on “Exigent Circumstances” Warrantless Searches

by Christopher Zoukis

The New Jersey Supreme Court issued a ruling on July 25, 2017 in which it granted qualified immunity to a police officer accused of a police-created “exigent circumstances” search. But in the process of doing so, the Court put police officers statewide on notice that such searches ...

Retired Police Officer Receives 28-Year Sentence for Drive-By Shooting

by Christopher Zoukis

A retired police officer from Hercules, California has been sentenced to 28 years in prison for attempting to murder his estranged wife in a 2015 drive-by shooting.

John Goodner was accused of stalking and harassing his estranged wife for months leading up to his attempt to murder ...

New York Becomes First State to Require Trial Judges to Remind Prosecutors of Their Brady Obligations During All Criminal Trials

by Christopher Zoukis

New York Chief Administrative Judge Lawrence K. Marks issued a bold (and much needed) new rule on November 7, 2017. Intended to remind prosecutors of their duty to disclose exculpatory material to the defense, the rule requires that all trial judges in the state issue a “Brady” ...

Idaho Supreme Court: Officer Must Intend to Arrest Before Conducting a Search Incident to Arrest

by Christopher Zoukis

The Idaho Supreme Court handed down an opinion on September 22, 2017 that clarified an important exception to the requirement that police officers obtain a warrant prior to conducting a search. The exception known as “search incident to arrest” allows police to conduct a warrantless search of ...

Sentence Vacated Due to Improper Enhancement Under Sentencing Guidelines

by Christopher Zoukis

The United States Court of Appeals for the Second Circuit vacated an improperly enhanced sentence of 46 months for illegal reentry after deportation.

In 2009, Roman Bartolo Genao, a national of the Dominican Republic, was convicted in New York state court of first-degree burglary and first-degree robbery ...

Seventh Circuit Upholds Denial of FOIA Request for Terrorist Organization Information

The United States Court of Appeals for the Seventh Circuit has upheld a district court's ruling that certain information relating to terrorist organizations is not disclosable under the Freedom of Information Act (FOIA).

Heartland Alliance National Immigrant Justice Center ("The Center") submitted to the Department of Homeland Security a ...

Virginia Supreme Court Orders Retrial in Civil Commitment Proceeding

By Christopher Zoukis

The Virginia Supreme Court has reversed a jury's finding that a convicted sex offender was not a sexually violent predator who must be civilly committed.

On Aug. 12, 2014 the Commonwealth of Virginia moved to involuntarily commit Brady Arnold Proffitt, Jr. as a sexually violent predator ...

Seventh Circuit: Falsely Accused Man, Conviction Expunged, Cannot Sue Anonymously

By Christopher Zoukis

The United States Court of Appeals for the Seventh Circuit has ruled that a man who was falsely accused of a crime and later had his record expunged cannot sue for malicious prosecution anonymously.

John Doe alleged that he was arrested in the Village of Deerfield, Illinois ...

Eleventh Circuit Grants Habeas Hearing in Judicial Bias Case

By Christopher Zoukis

The United States Court of Appeals for the Eleventh Circuit has reversed a district court and ruled that an evidentiary hearing is required when a criminal defendant has sufficiently alleged actual bias on the part of a trial judge.

Harrison Norris, Jr., who is black, was convicted ...


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