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Articles by Mark Wilson

Oregon Supreme Court: Right to Counsel Violated by Police Questioning Defendant About an Uncharged Crime in Connection With Charged Crime for Which Defendant Represented by Counsel

by Mark Wilson

The Supreme Court of Oregon vacated a murder conviction, holding that police questioning of a represented criminal defendant about an uncharged crime associated with the charged crime for which he had counsel violated his right to counsel under the Oregon Constitution. It also held that all evidence ...

Washington Supreme Court Announces Adoption of ‘Rule of Automatic Reversal’ When Prosecutor Flagrantly Appeals to Racial and Ethnic Bias During Voir Dire

by Mark Wilson

The Supreme Court of Washington, sitting en banc, announced a new rule for situations involving flagrant appeals to racial and ethnic bias by the prosecution during voir dire and vacated a Hispanic man’s convictions, concluding that the prosecution’s voir dire examination flagrantly “appealed to the jurors’ potential ...

California Court of Appeal Announces ‘Plausible Justification’ as Standard for Claiming Entitlement to Discovery Under Racial Justice Act of 2020

by Mark Wilson

In a case of first impression, the Court of Appeal of California, First Appellate District, vacated a trial court’s denial of a criminal defendant’s discovery request under California’s Racial Justice Act of 2020 and announced the framework for evaluating whether defendants are entitled to discovery of requested ...

Eighth Circuit: Defendant Facing Revocation of Supervised Release Did Not Knowingly and Voluntarily Waive Right to Counsel Where Appointed Counsel Admittedly Knew Nothing About Case and Advised Choosing Between ‘Big House or the Nut House’

by Mark Wilson

The U.S. Court of Appeals for the Eighth Circuit vacated a Minnesota man’s 12-month supervised release revocation sanction, finding that the U.S. District Court for the District of Minnesota improperly forced him to choose between inadequate counsel and no counsel during revocation proceedings.

Phillip Ivers was convicted ...

Seventh Circuit Vacates Federal Drug Conspiracy Conviction Because District Court Failed to Ensure Defendant Understood ‘Agreement’ Element of Conspiracy and Failed to Ensure Factual Basis for Guilty Plea

by Mark Wilson

The U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for the Southern District of Indiana committed plain error in accepting a guilty plea without ensuring that the defendant understood the nature of the charged drug conspiracy offense and that there was ...

Hawaii Supreme Court: Plain Error Not Providing ‘Incidental Restraint’ Jury Instruction Where Kidnapping Only Charge After Dismissing Abuse Charges Prior to Trial

by Mark Wilson

The Supreme Court of Hawaii held that a trial court plainly erred in failing to instruct the jury that the “restraint” necessary for a kidnapping conviction is “restraint in excess of any restraint incidental to the infliction or intended infliction of bodily injury or subjection or intended ...

Oregon Supreme Court: Federal Law Prohibits Elected DA’s Delegation of Wiretap Authority and Overbroad Initial Search Warrant Requires Suppression of Evidence Obtained as Result of Over 20 Subsequent Warrants

by Mark Wilson

The Supreme Court of Oregon unanimously upheld a lower court’s suppression of the State’s wiretap evidence, concluding that the wiretaps violated federal law. It also affirmed the trial court’s suppression of search warrant evidence because the warrants lacked specificity and were overbroad.

During the evening of September ...

Rhode Island Supreme Court: DUI Suspect Was in ‘Custody’ so Un-Mirandized Roadside Statements Properly Suppressed

by Mark Wilson

The Supreme Court of Rhode Island upheld a lower court’s suppression of un-Mirandized statements made to police, finding that the defendant was in custody at the scene of an automobile collision.

On October 23, 2018, Joseph Corcoran’s vehicle struck a light pole on a Rhode Island ...

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 ...



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