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Articles by Dale Chappell

‘Serious Bodily Harm’ Does Not Include Animals, Massachusetts Supreme Court Holds

by Dale Chappell

The term “serious bodily harm” does not include harm to animals, unless the statute expressly says so, the Supreme Judicial Court of Massachusetts held, tossing out a youthful offender indictment.

After a 14-year-old juvenile tortured a dog, the Commonwealth indicted him as a youthful offender for cruelty ...

Fifth Circuit Holds Prisoner May Sign and Deliver Habeas-Related Motion on Behalf of Fellow Prisoner Under Prison Mailbox Rule

by Dale Chappell

A prisoner may sign and deliver a habeas-related motion to prison officials for timely mailing under the “prison mailbox rule” on behalf of another prisoner, the U.S. Court of Appeals for the Fifth Circuit held on January 12, 2018.

After the U.S. District Court for the Northern ...

Ohio Supreme Court Holds State Cannot Prove ‘Bulk Amount’ of Fentanyl Under Statute

by Dale Chappell

Because no standard pharmaceutical reference manual specifies a maximum daily dose in the usual dose range for fentanyl, a defendant’s conviction for aggravated possession of a “bulk amount” of the drug could not stand, the Supreme Court of Ohio held January 4, 2018.

Mark Pountney was charged ...

Arizona Supreme Court: Trial Court Must Tell Jury Defendant Ineligible for Parole in Death Penalty Phase

by Dale Chappell

The trial court erred by failing to tell the jury that a defendant was ineligible for parole before its decision to impose the death penalty, the Supreme Court of Arizona held November 6, 2017.

A jury found Jasper Rushing guilty of killing his cellmate at the Lewis ...

Innocence be Damned: Prosecutors Who Disregard Justice in Push to Win at Any Cost

by Dale Chappell

The prosecutor’s goal “is not that it shall win a case, but that justice shall be done,” the U.S. Supreme Court declared in Berger v. United States, 295 U.S. 78 (1935). Some prosecutors, however, are clearly not guided by the high court’s admonition; on the contrary, they ...

D.C. Circuit Vacates Sentence Because Government Breached Plea Agreement by Providing Defendant’s Confidential Statements to Sentencing Court

by Dale Chappell

The government’s use of incriminating statements made by a defendant at a confidential debriefing breached the plea agreement and constituted “plain error” when the government disclosed that information to the sentencing court to push for a longer sentence, the U.S. Court of Appeals for the D.C. Circuit ...

Drug-Induced Homicide Laws Hurt Rather Than Help Opioid Overdose Crisis

by Dale Chappell

Lawmakers and prosecutors just don’t get it. Instead of treatment and prevention of opioid overdoses, lawmakers and prosecutors are pushing for more convictions under draconian drug-induced homicide laws in response to America’s deadly crisis. They claim it is to “send a strong message” to drug dealers.

In ...

U.S. Supreme Court Holds Residual Clause Definition of ‘Crime of Violence’ Unconstitutionally Vague Under Due Process Clause

by Dale Chappell

The U.S. Supreme Court struck yet another residual clause definition of “crime of violence” as unconstitutionally vague in a major decision that could potentially affect thousands of prisoners serving longer prison sentences for a conviction falling under this type of clause.

When the Government sought to deport ...

Iowa Supreme Court Announces Indecent Exposure Statute Does Not Apply to Still Images of Genitals

by Dale Chappell

Interpreting the word ‘exposes’ in Iowa’s indecent exposure statute, the Supreme Court of Iowa held on February 2, 2018 that texting an image of one’s genitals to another does not constitute “indecent exposure” and that counsel was ineffective for failing to challenge the sufficiency of the evidence. ...

Mississippi Supreme Court Reverses Conviction Ruling; State Failed to Prove ‘Constructive Possession’ of Marijuana

by Dale Chappell

The State failed to prove that packages of marijuana hidden in a car truck were in the “constructive possession” of a passenger, who was unaware they were there especially when the driver claimed ownership, the Supreme Court of Mississippi held October 12, 2017.

Marvin Carver and his ...

 

 

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