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Articles by Matthew Clarke

Faulty Forensics and Wrongful Convictions

The Innocence Project, a national litigation ...

Hawai’i Supreme Court Announces Clarification of When Self-Induced Intoxication Exception of HRS § 702-230 Applies

The Supreme Court of Hawai’i (SCH) held that a trial court erred when it ruled that the HRS § 702-230(1) prohibition against self-induced intoxication as a defense barred a defendant from raising the defense of amphetamine psychosis resulting in a lack of criminal responsibility even though he ...

California Court of Appeal Overturns Child Sex Abuse Convictions Based on Prosecution’s Violation of Brady Obligations by Withholding Witness Impeachment Evidence

Kentucky Supreme Court Reverses Murder Convictions Due to ‘Flagrant Prosecutorial Misconduct’ in Misleading Jury

Nevada Supreme Court Reverses Conviction for Murdering Sixth Wife Due to Improper Prior Bad-Act Evidence Regarding Murder of Second Wife

Randolph told police he shot and ...

Third Circuit Announces Prohibition Against Second Resentencing Under First Step Act Can Be Waived by Government

The U.S. Court of Appeals for the Third Circuit handed down an opinion on December 21, 2020, holding that the prohibition against a subsequent resentencing in § 404(c) of the First Step Act can be waived by the Government. Therefore, the U.S. District Court for the Eastern ...

Fifth Circuit: No Qualified Immunity When Police Fatally Beat Unresisting Man Suffering Mental Health Crisis

Massachusetts Supreme Judicial Court Announces Blood Alcohol Test Results From Blood Drawn Under Court Order but Without Consent Is Inadmissible

The Supreme Judicial Court of Massachusetts held that consent to testing and analysis is required for the results of a blood alcohol test to be admissible in an operating a motor vehicle under the influence of alcohol (“OUI”) prosecution even when there was a court order for ...

Kentucky Supreme Court: Criminal Defendant Has Right to Independent Counsel During In-Chambers Hearing on Fitness of Defense Counsel

Terrence Downs was ...

First Circuit: Prosecution Under Puerto Rico and Federal Law for Same Drug Offense Constitutes Double Jeopardy

 

 

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