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Articles by Mark Wilson

Illinois Supreme Court Announces Krankel’s Pro Se Posttrial IAC Procedure Applies to Juvenile Delinquency Proceedings and Clarifies That Krankel Procedure Applies to Both Appointed and Retained Counsel

by Mark Wilson

The Supreme Court of Illinois held that the Court’s pro se posttrial ineffective assistance of counsel (“IAC”) procedure applies to juvenile delinquency proceedings and extends to IAC claims against both retained and appointed counsel. The court reversed, holding that the trial court erred in failing to conduct ...

Oregon Supreme Court: State Sentencing Guidelines Control Repeat Sex Offender Downward Departure Sentences

by Mark Wilson

The Supreme Court of Oregon unanimously held that upon finding that a life without parole (“LWOP”) sentence is not appropriate under Oregon’s repeat sex offense law, sentence must be imposed under the state sentencing guidelines.

Oregon lawmakers enacted ORS 137.719 in 2001. Section 1 requires a presumptive ...

Fifth Circuit: Officer’s Testimony About CI’s Controlled Buy That He Did Not Personally Witness Violates Confrontation Clause

by Mark Wilson

The U.S. Court of Appeals for the Fifth Circuit vacated a Texas defendant’s drug conviction, concluding that the Government flouted his right to confront witnesses against him, in violation of Confrontation Clause. See Crawford v. Washington, 541 U.S. 36 (2004).

Kenneth Hamann and William Davis were ...

Texas Court of Criminal Appeals Clarifies Prejudice Standard for IAC Based on Faulty Probation Eligibility Advice Is an Effect on Defendant’s Decision Making, Not Different Outcome

by Mark Wilson

The Court of Criminal Appeals of Texas clarified the correct ineffective assistance of counsel (“IAC”) standard in cases of erroneous probation eligibility advice. It is not necessary to show a different outcome, only that the erroneous advice impacted the defendant’s decision-making, the Court instructed.

Timothy Aaron Swinney ...

Iowa Supreme Court: Warrantless Entry Into Home for Misdemeanor Arrest Violates Both U.S. and Iowa Constitutions and Requires Suppression of Evidence

by Mark Wilson 

The Supreme Court of Iowa held that the warrantless entry of an apartment to arrest the occupant on a misdemeanor charge was unlawful, requiring suppression of evidence of cocaine possession obtained from the unlawful entry.

Ames, Iowa, police officer Jamie Miller was dispatched to a fourplex apartment ...

California Supreme Court Announces Uncharged Lesser Firearm Enhancement May Be Substituted Under § 12022.53

by Mark Wilson

The Supreme Court of California held that sentencing courts have the authority to strike a firearm enhancement and substitute a lesser uncharged statutory enhancement.

California Penal Code § 12022.53, the state’s  “Use a Gun & You’re Done”  law, establishes a tiered system of sentencing enhancements for certain ...

New Jersey Supreme Court: Description of Race and Gender of Robbery Suspects, Without More, Doesn’t Constitute Reasonable Suspicion for Investigatory Traffic Stop of Black Motorists

by Mark Wilson

THE NEW JERSEY SUPREME COURT unanimously held that police lacked reasonable and articulable suspicion to stop a vehicle occupied by three Black men based solely on a radio dispatch that two Black males had just robbed a convenience store in the area and one was armed with ...

Ninth Circuit Holds Statute Criminalizing Encouraging or Inducing Alien to Reside in U.S. Is Overbroad and Facially Unconstitutional

by Mark Wilson

THE U.S. COURT OF APPEALS FOR THE Ninth Circuit held that a federal law, 8 U.S.C. § 1324(a)(1)(A)(iv), that criminalizes encouraging or inducing an alien to reside in the U.S. for private financial gain of such person is facially overbroad and unconstitutional because it covers a substantial ...

Oregon Becomes 38th State to Enact Wrongful Conviction Compensation Law

by Mark Wilson

On March 4, 2022, Oregon lawmakersunanimouslypassedSenateBill1584, commonlyknownastheOregonJusticeforExonereesAct,joining37otherstates,Washington D.C.,andthefederalgovernmentinenactingwrongfulconvictioncompensationlegislation.

A total of 35 Democratic and Republican lawmakers ultimately supported the bill that mirrors statutes recently enacted in Idaho, Montana, and Kansas. Under the law, a person may file a claim for wrongful conviction compensation if the person: (1) ...

Oregon Bans Pre-Conviction Mugshot Public Disclosure

by Mark Wilson

Oregon’s new law restricting the publication of booking photos without a criminal conviction went into effect on January 1, 2022.  

During the 2021 legislative session, Oregon lawmakers passed House Bill 3273 prohibiting public disclosure of booking photos, commonly known as mugshots, except in a few limited circumstances, ...

 

 

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