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Articles by Dale Chappell

Kansas Supreme Court: Judge’s ‘Thwarting’ of Defendant’s Right to Self-Representation was Structural Error Requiring Reversal of Convictions

by Dale Chappell

A defendant who “unequivocally” invoked his right to self-representation at trial and was denied that right when the judge ignored his requests got a new trial when the Supreme Court of Kansas held that it constituted a “structural error.”

Josiah Bunyard was “very active” in his defense. ...

Missouri Supreme Court Clarifies No Resisting Arrest Charge Once Arrest is Completed

by Dale Chappell

A defendant trying to break free of an officer’s grip while already under arrest and in handcuffs was not “resisting arrest” because the defendant was not trying to prevent his arrest, the Supreme Court of Missouri held.

Six officers surrounded Daniel Ajak and put him under arrest ...

FBI Data Reveal ‘War on Cops’ is Nonexistent

by Dale Chappell

Where is the “war on cops” claimed by the country’s leaders? According to the Federal Bureau of Investigation’s annual report on law enforcement officers killed in the line of duty across the country, 93 cops died in the line of duty in 2017, and 118 were killed ...

South Carolina Supreme Court Clarifies When Court Can Deny Right to Self-Representation; Orders New Trial

by Dale Chappell

“One who is his own lawyer has a fool for a client,” U.S. Supreme Court Justice Blackmun once opined.

Nevertheless, a circuit judge may deny a defendant’s request to be his own lawyer but only if the court finds he has not knowingly, intelligently, and voluntarily waived ...

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 ...

 

 

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