by Mark Wilson
The Supreme Court of Oregon clarified, and dramatically restricted, the so-called “Church motion” practice in post-conviction relief (“PCR”) cases.
PCR is the exclusive collateral remedy for Oregon prisoners to challenge their convictions and sentences. Indigent PCR petitioners are entitled to the appointment of counsel. ...
by Mark Wilson
An arresting officer’s fabrication or planting of evidence or other misconduct lies at the very heart of the definition of exculpatory evidence that must be disclosed to criminal defendants under the Sixth Amendment since the 1963 landmark decision in Brady v. Maryland, 373 U.S. 83 ...
by Mark Wilson
The U.S. Court of Appeals for the Third Circuit held that the issuance of a summons to appear on a traffic stop is not an arrest for purposes of calculating criminal history under the United States Sentencing Guidelines (“USSG”).
John Francis Ley pleaded guilty to ...
by Mark Wilson
The Supreme Court of Montana held that a municipal court violated state and federal double jeopardy prohibitions when it declared a mistrial and ordered a new trial.
James Joseph Huertas was charged in Billings Municipal Court with Partner or Family Member Assault (“PFMA”). The victim was identified ...
by Mark Wilson
The Supreme Court of Oregon held that expert testimony about “grooming” children for subsequent sexual abuse is “scientific” evidence that may not be admitted without a foundational showing of scientific validity under Or. Evid. Code 702.
Robert Lewis Henley’s 11-year-old stepdaughter, identified as M, accused him of ...
by Mark Wilson
The Supreme Court of Oregon held that the “for consideration” element of a “commercial drug offense” requires proof of a completed drug sale or an existing agreement to sell drugs. The Court rejected the State’s argument that “for consideration” may be proved by evidence of drug possession ...
by Mark Wilson
The United States Court of Appeals for the First Circuit held that a lower court improperly granted Puerto Rican prison officials’ summary judgment on a female guard’s gender discrimination claim.
Vilmarie Caraballo-Caraballo was hired as a guard by the Corrections Department of the Commonwealth of Puerto Rico ...
by Mark Wilson
An Ohio man who was convicted of a violent home invasion robbery on the basis of faulty eyewitness identifications was exonerated just minutes before being sentenced to a lengthy prison term.
On February 5, 2017, a man armed with a handgun confronted a 32-year-old woman in the ...
by Mark Wilson
"Once the lights go out, they grab you like a gang, and they forcibly throw you on the table and one officer ended up mounting me and pretty much riding me like a horse," said Customs and Border Protection (CBP) officer Vito Degironimo. "I'm grabbed by ...
"If you go to a shelter for #Irma and you have a warrant, we'll gladly escort you to the safe and secure shelter called the Polk County jail," warned Florida's Polk County Sheriff's Department Twitter Account as Category 5 Hurricane Irma made landfall on September 6, 2017 ...
