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Articles by Dale Chappell

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 ...

Dallas County Judge’s ‘Blank Check’ Warrant Questioned; Case Dismissed

by Dale Chappell 

A Dallas County, Texas, judge who cops said would sign a blank warrant allowing them to do whatever they wanted was called into question by the District Attorney’s Office, which chose to drop the issue. But not before at least one case was dismissed because of ...

Sixth Circuit Holds IAC When Counsel Fails to Warn of Possibility of Deportation as Result of Plea Bargain

by Dale Chappell

In a case where defense counsel, the Government, and the court all dropped the ball and led a 28 U.S.C. § 2255 movant to believe he did not face the possibility of deportation, his guilty plea based on that advice is invalid, the U.S ...

Sixth Circuit Rejects Kentucky Supreme Court’s Ruling That Defendant-Lawyers Are Never Without Counsel and Not Entitled to Faretta Hearing

by Dale Chappell

An experienced Kentucky trial attorney who found himself on the wrong end of counsel’s table was granted a new trial by the U.S. Court of Appeals for the Sixth Circuit after the Kentucky Supreme Court ruled that he wasn’t entitled to the assistance of counsel ...




 

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