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Articles by Dale Chappell

Over a Year After Cook County Bail Reform, Jails Are Still Full

by Dale Chappell

When Cook County, Illinois, Chief Judge Timothy C. Evans issued an administrative order in July 2017 telling judges they had to seriously consider whether someone could afford bail, things got better. A lot better. The number of individuals held in jail who couldn’t afford bail dropped by ...

Fourth Circuit Tosses Evidence Discovered by Illegal GPS Tracker

by Dale Chappell

A GPS tracker illegally placed on a car by a Metropolitan Drug Enforcement Network Team (“MDENT”) agent was a “flagrant” constitutional violation that requires exclusion of the evidence, the U.S. Court of Appeals for the Fourth Circuit held. 

Digging through Brian Terry’s trash, Charleston, West ...

D.C. Circuit Holds Expert’s False Testimony ‘Material,’ Allowing Challenge to Four-Decade-Old Murder Conviction

by Dale Chappell

The Government’s key expert’s false hair-comparison testimony that likely swayed a jury to convict was held to be “material” because it was the primary piece of evidence to contradict the defense theory of the case, the U.S. Court of Appeals for the D.C. Circuit ...

Ninth Circuit Rules Robbery Committed Alone by Gang Member Not Enough for California Gang Enhancement, Despite Testimony of Gang Expert

by Dale Chappell

A law enforcement expert on gangs testifying that a robbery committed by a lone gang member without any evidence tying the robbery to the gang was not enough to support the 19-year aggregate gang enhancement, the U.S. Court of Appeals for the Ninth Circuit held, reversing ...

New Jersey Supreme Court Holds Months-Long Delay Between Interrogations Not a ‘Break in Custody’ to Avoid Miranda Rights for Pretrial Detainee

by Dale Chappell

Concluding that there is a difference between those in prison and those in pre-trial detention, the Supreme Court of New Jersey held that a six-month delay after a pre-trial detainee’s re-interrogation was not a “break in custody” to avoid the Miranda rights invoked at the initial interrogation ...

Second Circuit Holds Government’s Misleading Disclosure of Inculpatory Statement Requires New Trial

by Dale Chappell

The U.S. Circuit Court of Appeals for the Second Circuit ruled that the Government’s inaccurate pre-trial disclosure under Rule 16(a)(1)(A) of the Federal Rules of Criminal Procedure to defense counsel, which prompted him not to move to suppress an inculpatory statement made prior ...

Fifth Circuit Rules Evidence of Counsel’s Dual Representation of Defendant and Codefendant Results in Possible Actual Conflict of Interest Requires Evidentiary Hearing

by Dale Chappell

In a case where the same lawyer represented two codefendants and advised both to plead guilty, with one fingering the other, evidence showing a possible conflict of interest in counsel’s representation required an evidentiary hearing, the U.S. Court of Appeals for the Fifth Circuit ...

Maryland Court of Appeals Holds Valid Prescription Constitutes ‘Verbal Act’ Thus Not Barred From Evidence as Hearsay When Basis for Statutory Defense

by Dale Chappell

The Maryland Court of Appeals held that evidence of a valid prescription constitutes non-hearsay and is admissible as a “verbal act” when being admitted into evidence as the basis of a statutory defense.

In a case where most of the drugs involved those that would be legal ...

Eighth Circuit Finds Child Porn Sentence ‘Substantively Unreasonable’

by Dale Chappell

In a rare move, the U.S. Court of Appeals for the Eighth Circuit found that a sentence imposed for a violation of probation in a child pornography case was “substantively unreasonable” and that the sentencing court failed to explain why it imposed such a heavy sentence ...

Jury Takes Just 9 Minutes to Find Man Who Blared ‘F--k tha Police’ Toward Cops Not Guilty

by Dale Chappell

It took a jury just nine minutes to come back with a verdict of “not guilty” in the trial of a man charged with blaring the 1988 N.W.A. rap song in the direction of police performing a traffic stop at a gas station in Pontiac ...




 

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