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Articles by Dale Chappell

Pennsylvania Supreme Court Announces New Rule to Allow IAC Claims for Fine-Only Sentences

by Dale Chappell

The Supreme Court of Pennsylvania announced a new rule allowing post-sentencing motions raising ineffective assistance of counsel (“IAC”) claims where only a fine but no prison or probationary time is imposed.

After being convicted by a jury and sentenced to pay restitution and a fine, Edward Delgros ...

Delaware Supreme Court Reverses Criminally Negligent Homicide Because Conduct was ‘Too Remote’ from Cause of Death

by Dale Chappell

Conduct that was “too remote” from the cause of death could not support criminally negligent homicide, the Delaware Supreme Court held, reversing a juvenile’s adjudication.

Tracy Cannon and Alcee Franklin-Johnson (pseudonyms), two 16-year olds, took their argument into a school bathroom where things turned physical. In less ...

Ninth Circuit Rules Weekends in Jail Count as Time ‘In Prison’

by Dale Chappell

Weekends in jail count as time “in prison,” the U.S. Court of Appeals for the Ninth Circuit held, granting immediate release for a prisoner serving a supervised release revocation term in prison.

When Wallace Shimabukuro violated his federal supervised release for the third and final time, the ...

Louisiana Supreme Court: Jury May Not Speculate on Guilt When Evidence Is Lacking

by Dale Chappell

Where the evidence was lacking and the jury could only speculate as to the defendant’s guilt, the Supreme Court of Louisiana reversed the defendant’s conviction and entered a judgment of acquittal, holding that a jury may not “speculate” on a person’s guilt.

Darryl Jones and two co-defendants ...

Non-Unanimous Jury Verdicts Give Prosecutors ‘Awesome Power’ and Have Racist Roots

by Dale Chappell

Only Louisiana and Oregon allow non-unanimous jury verdicts to convict. In both states, the law allows just 10 of the 12 jurors to agree a person is guilty. While such laws give prosecutors “awesome power” to convict, they also have racist roots.

In 1898, Louisiana adopted the ...

Delaware Supreme Court Describes What Constitutes ‘Effective’ Counsel at Sentencing

by Dale Chappell

Providing a lesson on what defense lawyers should and should not do to get their client a lower sentence, the Supreme Court of Delaware held that counsel was ineffective when he met with his client for the first time just minutes before sentencing and did not coach ...

Pennsylvania Supreme Court Holds Any Search of Cellphone Requires Warrant

by Dale Chappell

The Supreme Court of Pennsylvania made it clear: “If a member of law enforcement wishes to obtain information from a cellphone, get a warrant.” The Court held that turning on, as well as digging into a cellphone to obtain its number, constituted a search each that required ...

Wyoming Supreme Court Adopts ‘Castle Doctrine’ for Cohabitants

by Dale Chappell

In a case of first impression before the Supreme Court of Wyoming, the Court held that a cohabitant who attacks another cohabitant in their shared home may raise the “castle doctrine” in a self-defense argument, defending her use of force to protect herself from the other cohabitant. ...

Eleventh Circuit Clarifies When a Court Must Conduct Resentencing Following § 2255 Relief

by Dale Chappell

In an issue of first impression for the U.S. Court of Appeals for the Eleventh Circuit, the Court clarified when a district court must hold a resentencing hearing, rather than summarily “correcting” a sentence, when granting relief under 28 U.S.C. § 2255.

In the wake of courts ...

Virginia Supreme Court Grants Relief Under Revised Actual Innocence Statute

by Dale Chappell

The change of a single word in Virginia’s actual innocence statute “fundamentally changed the nature” of actual innocence inquiries, the Supreme Court of Virginia announced, finding a petitioner proved his actual innocence under the revised statute.

In 1978, Roy Watford pleaded guilty to the rape of a ...

 

 

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