by Dale Chappell
The Supreme Court of Hawai’i held on October 1, 2019, that when a judge assesses the admissibility of an eyewitness’ identification of a defendant, not only does the jury have to consider a list of factors in deciding if the witness has properly identified to defendant, but ...
by Dale Chappell
What would you do if you found an “abandoned” bag containing valuables and cash? Would you pick it up? Back in 2006, at least 220 people did just that and found themselves arrested on charges of petty theft. It was all a scheme by the New York ...
by Dale Chappell
A man who sat in prison for almost 30 years because prosecutors and police withheld evidence that someone else committed the crime was set free July 16, 2019, after a Philadelphia judge said he was “likely innocent.”
In 1993, Chester Hollman III was convicted and sent to ...
by Dale Chappell
In Franklin County, Pennsylvania, a rural area with about 154,000 residents, high bail amounts are forcing people who can’t afford to purchase their freedom to plead guilty just to get out of jail for what are typically small-time misdemeanors.
Take, for example, the case of Tiana Lescalleet, ...
by Dale Chappell
Must a habeas petitioner in California show “good cause” under the habeas discovery statute to obtain evidence held by the court, just like he must do if the State held the evidence? No, a unanimous Supreme Court of California held, ordering the habeas court to reconsider releasing ...
by Dale Chappell
A unanimous Supreme Court of South Carolina held that trial counsel was constitutionally ineffective for failing to present specific details of an alibi defense that the Court said undermined the confidence in the outcome of the trial and remanded for a new trial.
The case started when ...
by Dale Chappell
What if I invited you to a conference at a fancy hotel where experts would present solid evidence that questions the validity of something you strongly believe, like maybe climate change? Would you come? What if those experts instead were to speak in support of your views, ...
by Dale Chappell
The U.S. Attorney’s Manual passed out to federal prosecutors just after the Antiterrorism and Effective Death Penalty Act (“AEDPA”) was passed in 1996 had an interesting observation: “Under the AEDPA, federal prisoners will rarely be able to file second or successive motions.” But then came along Johnson ...
by Dale Chappell
In a ruling that further divides the circuits on how and when a motion under 28 U.S.C. § 2255 can be amended, the U.S. Court of Appeals for the Third Circuit held on July 5, 2019, that an amendment filed while the motion is on appeal can ...
by Dale Chappell
Alabama Gov. Kay Ivey signed into law May 30, 2019, a new law that requires certain categories of sex offenders to undergo chemical castration before they can be released from prison. The new law puts Alabama, once again, up against the Constitution and has critics questioning the ...
