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Articles by Matthew Clarke

Georgia Supreme Court: Cumulative Effect of Trial Errors Requires Reversal of Murder Conviction

Benjamin Finney, a drug dealer in Macon, Georgia, was the victim of a home invasion during which he and his girlfriend were bound and held ...

Second Circuit: No Qualified Immunity for Police Detaining and Frisking Man Based Solely on Unconfirmed Hunch

North Carolina Supreme Court Reverses Embezzlement Convictions for Failure to Hold Competency Hearing After Mid-Trial Suicide Attempt, Involuntary Commitment

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



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