by Matt Clarke
In a case of first impression, the Supreme Judicial Court of Massachusetts held that a defendant’s lawful exercise of self-defense against an assailant may excuse the killing of an unintended victim, such as an innocent bystander. The Court adopted transferred intent self-defense as part of …
by Matthew Clarke
Addressing an issue of first impression, the Supreme Court of Pennsylvania held that a defendant held on a probation detainer after posting bail on new charges is entitled to credit for that time against his new sentence where the detainer was triggered by the same …
by Matthew Clarke
The Court of Criminal Appeals of Texas held that defendants charged with fine-only Class C misdemeanors who have posted appeal bonds to perfect their de novo appeals are “restrained” within the meaning of Texas’s habeas corpus statutes and therefore may seek pretrial habeas relief.
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In a case of first impression, the Supreme Court of Nebraska clarified the procedure to be used when crediting time spent in pretrial incarceration against multiple contemporaneously-imposed sentences pursuant to Neb. Rev. Stat. § 83-1.106, regardless of whether they are to be served consecutively or concurrently. The Court instructed …
by Matt Clarke
The Supreme Court of Oregon held that the provision of ORS 136.290 limiting a criminal defendant’s pretrial custody to no more than 60 days also applies to retrials.
Anthony Lee Benjamin IV was tried for second-degree murder. A jury acquitted him of that charge …
by Matt Clarke
The U.S. Court of Appeals for the Eleventh Circuit reversed a federal criminal defendant’s escape conviction for leaving a residential reentry facility without authorization after holding that, contrary to the positions of both the U.S. District Court for the Northern District of Florida and the …
by Matt Clarke with research assistance by Ann Foster
Millions of people have submitted oral cheek (buccal) swab samples to companies like 23andMe and Ancestry hoping to use their DNA to trace their ancestors and locate relatives in a process known as genetic genealogy. By comparing their DNA …
by Matt Clarke
Between 2018 and 2024, the parole rate in South Carolina dropped from around 40% to just 5%, an 80% decline. South Carolina is not alone in experiencing dramatic reductions in the rate at which prisoners are released from state prisons on parole. A Prison Policy …
by Matt Clarke
Wisconsin Watch disclosed that its investigation into Wisconsin District Attorneys’ police Brady lists found that many had no Brady list while others had lists that appeared to be incomplete or refused to disclose the names on their lists.
Brady lists derive their name from …
by Matthew Thomas Clarke
In June 2024, the U.S. Sentencing Commission released a data report on release for “extraordinary and compelling reasons” under 18 U.S.C. § 3582(c)(1)(A), also known as compassionate release (“CR”). The courts have the authority to grant CR motions and are required to consider the …
