Skip navigation
PYHS - Header

Articles by Dale Chappell

Hawaii Supreme Court: Defendants Entitled to Hearing Within 2 Days

by Dale Chappell

There is a “strong presumption” a defendant held in custody beyond two days without a preliminary hearing (or other method to show probable cause), absent “compelling circumstances,” must be released, the Hawaii Supreme Court held on November 21, 2017.

When Si Ufaga Moana and Jayvan Curioso were ...

California Court of Appeal: Prejudice “Presumed” Where Jury Discussed Defendant’s Decision Not to Testify

by Dale Chappell

A jury’s multiple discussions about why a defendant chose not to testify, despite the court’s warnings not to consider them, were sufficient misconduct to presume prejudice, the Court of Appeal of California for the Fourth Appellate District held November 16, 2017.

Francisco Solorio was charged with first ...

Massachusetts Supreme Court: Permanent Ban on Sealing Record of Sex Offender Unconstitutional

by Dale Chappell

In 1995, Kristi Koe was convicted of rape and abuse of a child. The underlying acts occurred in 1990. The Sex Offender Registry Board (“SORB”) recommended she be classified as a level two sex offender, and she accepted. Her obligation to register commenced in 2003.

In 2013, ...

Survival Tip: Don’t Call Cops If You’re Disabled

by Dale Chappell

Because police are trained to shoot first and ask questions later, calling on them to defuse a situation involving someone with special needs should be a last resort. The problem is that when cops are trained to be military warriors instead of peace officers, we’re all viewed ...

Ohio Supreme Court: Dismissal Without Prejudice Is a Final and Appealable Order

by Dale Chappell

Counts in a multicount indictment that are dismissed without prejudice do not prevent a judgment of conviction on other counts from being “final and appealable,” the Ohio Supreme Court held.

Andrew Jackson was indicted on counts of kidnapping, aggravated robbery, and grand theft. He proceeded to a ...

“My Phone Was My Life”—Challenging Warrantless Border Searches of Devices

by Dale Chappell

The American Civil Liberties Union (“ACLU”) and Electronic Frontier Foundation (“EFF”) filed a federal lawsuit against the Department of Homeland Security (“DHS”), Customs and Border Protection, and Immigration and Customs Enforcement in the United States District Court for the District of Massachusetts on September 13, 2017. The ...

Georgia Supreme Court Reverses Armed Robbery Conviction, Defendant Lacked Dominion

by Dale Chappell

Unless the State can prove a defendant had “complete dominion” over the property he intended to steal from a person, he cannot be guilty of armed robbery, the Georgia Supreme Court held on October 20, 2017.

Just before Christmas 2008, Brodrick Williams and some friends approached a ...

 

 

PLN Subscribe Now Ad
Advertise here
The Habeas Citebook Ineffective Counsel Side