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The Habeas Citebook Ineffective Counsel

Articles by Matthew Clarke

Drug Detection Using Fingerprints in the Works

by Matt Clarke

According to techdirt.com, scientists at the University of Surrey in the United Kingdom have developed a new forensic technique that, in as little as 30 seconds, analyzes sweat found along the ridges of fingerprints to determine whether a person has used cocaine within the previous 24 hours. ...

Kansas Supreme Court: Deadly Weapon-Use Finding Prerequisite to Imposing Violent Offender Registration Requirement

by Matt Clarke

On April 13, 2018, the Supreme Court of Kansas held that, absent a finding by a trial court that a defendant used a deadly weapon in a person felony, the trial court could not require the defendant to register as a violent offender pursuant to the Kansas ...

Immigration Authorities Seize Wrongfully Convicted Man After Release

by Matt Clarke

March 2018 should have been the happiest month of his life. After over two decades of wrongful imprisonment, the Cook County State’s Attorney agreed to drop murder charges against Illinois state prisoner Ricardo Rodriguez. He should have walked out of prison a free and exonerated man. Instead, ...

New Jersey Supreme Court: Substantive Error to Amend Indictment to Change Degree of Felony on Eve of Trial

by Matt Clarke

On April 25, 2018, the Supreme Court of New Jersey held that a trial court erred when, on the eve of trial, it permitted the State to amend the indictment to increase a charge from a third-degree to a second-degree felony.

Following surveillance on a suspected drug ...

Powerful District Attorney Lobbies Improperly Influence Law Making

by Matt Clarke

Around the nation, powerful lobbying groups composed of associations of prosecutors are influencing state legislatures to reject certain laws, regardless of how popular the proposed laws are with the electorate.

In his January 2018 State of the State address, New York Governor Andrew Cuomo called for justice ...

Idaho Supreme Court Orders Acquittal for Insufficient Identification of Drug

by Matt Clarke

On March 2, 2018, the Supreme Court of Idaho vacated a prisoner’s conviction and sentence for possession of a controlled substance and ordered an acquittal because the substance she possessed had not been adequately identified as a controlled substance beyond a reasonable doubt.

Gracie Jean Tryon, an ...

Junk Science Puts Innocent People in Prison and Keeps Them There

by Matt Clarke

It has been years since the National Academy of Sciences and the President’s Council of Advisors on Science and Technology published studies casting serious doubt on courtroom claims of practitioners of “pattern matching” forensics, a broad field that includes comparative analyses of such items as hairs, fibers, ...

Third Circuit Reverses Occupational Restriction in Excess of Statutory Maximum for Supervised Release

by Matt Clarke

On September 14, 2017, the U.S. Court of Appeals for the Third Circuit reversed the portion of the sentence that restricted a former Realtor who had pleaded guilty to one count of mail fraud from working in real estate for five years following his release from prison. ...

Ohio Supreme Court: Prisoner Entitled to Results of Post-Conviction DNA Profile

by Matt Clarke

On March 6, 2018, the Supreme Court of Ohio held that the State must provide a prisoner the DNA profile created after his application for post-conviction DNA testing of crime-scene evidence was granted.

Tyrone Noling received the death penalty for the 1990 murder of an Ohio couple. ...

No Increase in Murder Rate for Civilians or Police Following Abolition of Death Penalty

by Matt Clarke

The transcript of a panel discussion titled “Life After the Death Penalty: Implications for Retentionist States,” presented by the Committees on Capital Punishment of the American Bar Association Section of Civil Rights & Social Justice and the New York City Bar Association, which was posted on the ...

 

 

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