by Mark Wilson
The Oregon Supreme Court upheld the dismissal of murder charges against a defendant who pleaded guilty under a plea agreement to assaulting a victim who subsequently died.
In August 2013, Trevin Michael King, 17, and an adult co-defendant assaulted a man and stole his bicycle. The victim ...
by Mark Wilson
The Louisiana Supreme Court held that an attorney representing an incarcerated felon is not subject to La. R.S. § 44:31.1 when making a public records request to get information in connection with a potential post-conviction relief application.
La. R.S. § 44:31.1 provides that “an individual in custody ...
by Mark Wilson
The Oregon Supreme Court held that a defendant’s intellectual disabilities must be considered when deciding whether a mandatory minimum sentence is disproportionate under the Oregon and United States Constitutions.
On July 15, 2013, Steven Ryan sexually abused 9-year old and 14-year old sisters. He was 23 years ...
by Mark Wilson
The U.S. Court of Appeals for the Ninth Circuit reversed the dismissal of unreasonable seizure and First Amendment violation claims. The Court held that there were disputed issues of material fact on whether police had probable cause to cite plaintiff for obstructing a buffalo herding operation.
Several ...
by Mark Wilson
Applying the Discovery Rule in determining when the applicable two-year statute of limitations (“SOL”) begins to run on “judicial deception” claims, the U.S. Court of Appeals for the Ninth Circuit held that a claim brought three-and-a-half years after a search warrant was executed was not time-barred because ...
by Mark Wilson
The Tenth Circuit held that Oklahoma's sex offender reporting and residency requirements do not amount to punishment.
Juston Shaw was convicted of a 1998 Texas sex offense. He moved to Oklahoma ten years later. At the time of his offense, Oklahoma had a sex offender reporting requirement ...
by Mark Wilson
The United States Court of Appeals for the Third Circuit held that a lower court's ban of a prison reform ad was unconstitutional. The court upheld a lower court's injunction, enjoining Philadelphia from prohibiting non-commercial speech advertisements at the airport.
In 2011, the National Association for the ...
by Mark Wilson
The Connecticut Supreme Court held that the improper exclusion of a prospective Spanish-speaking juror is not reversible unless prejudice is shown.
Jeffrey P. Gould was tried on a Connecticut sex crime. While the prosecutor was questioning a prospective juror during voir dire, the court interrupted to ask ...
by Mark Wilson
The Indiana Court of Appeals held that whether a person falsely uses another person's identity is "for an unlawful purpose" is an affirmative defense rather than an element of the offense.
Cassandra Collins was detained in Indiana's Delaware County Jail, facing pending criminal charges. She was represented ...
