Skip navigation
CLN bookstore

Articles by Jacob Barrett

Houston Prosecutors Profit Millions From Cash Illegally Seized

by Jacob Barrett

Apparently “everything in Texas isbigger,” including the corruption and dirty tactics used by police and prosecutors to profit off cases compromised by police.

In 2019, the Houston Police Department was forced to dismiss dozens of criminal cases after it came to light they were tainted by Gerald ...

Fourth Circuit: Immigration Judge’s Failure to Inform Noncitizen of Right to Appeal Deportation Order Was Prejudicial and Invalidated Later Indictment for Illegal Reentry

by Jacob Barrett

The U.S. Court of Appeals for the Fourth Circuit ruled that an immigration judge’s failure to inform an undocumented noncitizen of his right to appeal a deportation order was prejudicial and dismissed a subsequent indictment for illegal reentry in violation of 8 U.S.C. § 1326(a).

In 2006, ...

Minnesota Supreme Court Announces Plain Language of Interference With Privacy of a Minor Statute Requires That Defendant Must Have Known Victim Was Under 18 at Time of Offense

by Jacob Barrett

In a case of first impression, the Supreme Court of Minnesota reversed and dismissed the charges for interfering with the privacy of a minor against Edgar Galvan-Contreras, holding that the plain language of Minn. Stat. § 609.476, subd. l(e)(2) (2018) requires that a defendant knew or had ...

New Jersey Supreme Court: Allowing Jury to Hear Defendant’s Invocation of Right to Counsel in Recorded Statement Together With Prosecutor Inferring Guilt Based on Request for Counsel Entitles Defendant to New Trial

by Jacob Barrett

The Supreme Court of New Jersey reversed the convictions and sentence of Quinnizel J. Clark, ruling that allowing a jury to hear the invocation of his right to counsel and the prosecutor’s comments in summation could have led to a result it otherwise might not have reached. ...

Pennsylvania Supreme Court: Exigent Circumstances Exception Does Not Justify Police’s Warrantless Seizure of Suspect’s Blood Sample by Hospital Staff

by Jacob Barrett

The Supreme Court of Pennsylvania upheld a Superior Court’s decision that a blood sample taken by hospital staff must be suppressed because neither the exigent circumstances nor implied consent exceptions to the warrant requirement apply to justify the warrantless seizure.

Akim Jones-Williams drove his car at about ...

Seventh Circuit: State Court Decision Not Entitled to AEDPA Deference Due to Incorrect Legal Standard, Pro Se Habeas Petition Granted Based on Trial Counsel’s Failure to Present Expert Witness on Determinative Issue of Guilt Resulting in IAC

by Jacob Berrett

The U.S. Court of Appeals for the Seventh Circuit affirmed the U.S. District Court for the Northern District of Indiana’s order granting Dewayne A. Dunn’s petition for habeas corpus based upon ineffective assistance of counsel and prejudice where trial counsel failed to consult a forensic pathologist in ...

New Jersey Supreme Court: Edwards Violation When Police Fail to Cease Interrogation After Suspect Makes Ambiguous Invocation of Right to Counsel and ‘Initiates’ Request for Further Communication with Police

by Jacob Barrett

The Supreme Court of New Jersey ruled that under the Edwards rule the defendant did not “initiate” further communications with police officers at the conclusion of an unlawful interrogation, so all evidence obtained during the subsequent interrogation must be suppressed.

In February 2014, Abayuba Rivas reported to ...

California Court of Appeal: Kill-Zone Theory Principles Articulated in Canizales Are Retroactive to Judgments That Were Final at Time of Decision

by Jacob Barrett

The Court of Appeal of California, Fourth Appellate District, reiterated the kill zone theory principles set forth by the California Supreme Court in People v. Canizales, 442 P.3d 686 (Cal. 2019), and held that Canizales applies retroactively to judgments that were final at the time Canizales ...

Theft of Public Funds or Accounting Incompetence? Kansas Police Agencies Can’t Accurately Track Property Forfeitures

by Jacob Barrett

In 2019, Kansas enacted a law that requires police agencies to accurately track and report amounts seized from property forfeitures — known as civil asset forfeiture. As of 2022, more than half of the police agencies have failed to do so.

Under the law, the Kansas Bureau ...

Massachusetts Supreme Judicial Court: Criminal Record Alone Does Not Justify Patfrisk, Gun Discovered in Waistband Suppressed

by Jacob Barrett

The Supreme Judicial Court of Massachusetts upheld a Superior Court’s order granting a motion to suppress a firearm that was discovered during an unlawful patfrisk because the motorist’s criminal record together with his behavior during the traffic stop did not create a reasonable suspicion that he was ...

 

 

The Habeas Citebook Ineffective Counsel Side
Advertise here
Disciplinary Self-Help Litigation Manual - Side