by Dale Chappell
Concluding that counsel’s trial strategy of introducing a child victim’s interview with police “extremely damaging” to the defense, the Supreme Judicial Court of Maine ruled that counsel was ineffective and vacated the trial court’s denial of postconviction relief.
Benjamin Hodgdon was a teacher in …
by Dale Chappell
In a case without oral argument, the Supreme Court of the United States (“SCOTUS”) summarily reversed the grant of a new trial to a state prisoner on March 29, 2021, and held that a federal court must consider the entire record of the state case …
by Dale Chappell
Joining several other circuits, the U.S. Court of Appeals for the Tenth Circuit held that a district court has the discretion to determine whether “extraordinary and compelling reasons” exist under 18 U.S.C. § 3582(c)(1)(A)(i) when a prisoner files for compassionate release and that the outdated …
by Dale Chappell
Some peaceful protestor may not mind the police having video of their protected right to assemble and push for change. But then there are some who would rather not have their face uploaded to a law enforcement facial-recognition database to be screened as a possible …
by Dale Chappell
After more than two decades behind bars for a murder he didn’t commit, Fred Steese walked into a Las Vegas courtroom on March 1, 2021, to be awarded $1.4 million by the state but no apology. In fact, Steese was forced in 2012 to accept …
by Dale Chappell
In a case where habeas counsel purposely waited until it was too late to file a federal habeas corpus petition, the U.S. Court of Appeals for the Eleventh Circuit held on March 31, 2021, that counsel’s actions amounted to “abandonment” and allowed equitable tolling to …
by Dale Chappell
In a case that numerous federal habeas petitioners have been awaiting, the U.S. Court of Appeals for the Fourth Circuit held on February 23, 2021, that the decision in United States v. Davis, 139 S. Ct. 2319 (2019), is a qualifying retroactive U.S. Supreme …
by Dale Chappell
In a case where the lower courts assumed a defendant prevented an alleged victim of domestic violence from appearing at trial as a witness to testify against him, the Texas Court of Criminal Appeals (“TCCA”) held that the introduction of the alleged victim’s statements without …
by Dale Chappell
The U.S. Court of Appeals for the Eighth Circuit ruled that the so-called “Martinez exception” should have allowed a procedurally defaulted federal habeas claim of ineffective assistance of state postconviction counsel (“IAPC”) to be heard by the U.S. District Court for the Eastern District …
by Dale Chappell
The U.S. Court of Appeals for the Seventh Circuit affirmed the grant of federal habeas corpus relief to a state prisoner, finding that counsel was ineffective for failing to raise a no-causation defense because of his “fundamental misunderstanding” of a key witness’ testimony at trial.
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