by Matt Clarke
The Supreme Court of Kentucky held that a refusal to submit to a warrantless blood test could not be used as evidence of guilt, for enhancement of a criminal penalty, or to show why the prosecution did not produce any scientific evidence of intoxication in a criminal ...
by Matt Clarke
The Supreme Judicial Court of Massachusetts held that 120 Code Mass. Regs. § 200.08(3)(c) (2017), a regulation promulgated by the Massachusetts Parole Board, is invalid because it “is contrary to the plain terms of the statutory framework governing parole.” The regulation prohibits the aggregation of sentences that ...
by Matt Clarke
The Supreme Court of Georgia unanimously held that the cumulative effect of several trial errors required the reversal of a 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 ...
by Matt Clarke
The U.S. Court of Appeals for the Second Circuit affirmed the U.S. District Court for the Southern District of New York’s denial of qualified immunity to police who stopped and frisked a man based solely on an officer’s unconfirmed hunch that there might be an outstanding warrant ...
by Matt Clarke
The Supreme Court of North Carolina handed down an opinion dated December 18, 2020, reversing a woman’s three felony embezzlement convictions after determining that the trial court should have held a competency hearing before resuming trial without her presence after she attempted suicide during the trial and ...
by Matt Clarke
Faulty forensics play a major role in causing known wrongful convictions in the United States. Just how big of a role the application of science to justice plays in sending the innocent to prison depends upon your definition of “wrongful convictions.”
The Innocence Project, a national litigation ...
by Matt Clarke
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 ...
by Matt Clarke
The Court of Appeal of California, First Appellate District, reversed a man’s convictions for forcible rape, digital penetration, and misdemeanor battery of a 15-year-old girl when he was 19 years old because the prosecution withheld evidence that could have been used to impeach the testimony of a ...
by Matt Clarke
The Supreme Court of Kentucky reversed a woman’s convictions for first and second-degree arson and six counts of attempted murder, four of which were enhanced as hate crimes, because the prosecutor engaged in “flagrant” misconduct by misleading the jury in closing arguments on a material issue in ...
by Matt Clarke
The Supreme Court of Nevada reversed Thomas Randolph’s conviction for murdering his sixth wife because the trial court erroneously admitted evidence of the similar murder of the man’s second wife for which he had been tried and acquitted 20 years earlier.
Randolph told police he shot and ...
