by Sam Rutherford
The Supreme Court of Maryland clarified the process a trial court must follow when determining whether statements made by a non-testifying co-conspirator defendant during a lengthy police interview are admissible as statements against penal interest at the trial of a co-defendant. The Court clarified that the duty …
by Sam Rutherford
The U.S. Court of Appeals for the Ninth Circuit clarified the circumstances under which a U.S. District Court may impose a “hate crime” enhancement pursuant to U.S. Sentencing Guidelines Manual (“USSG”) § 3A1.1(a), holding that the court must find beyond a reasonable doubt that the defendant was motivated …
by Sam Rutherford
The Supreme Judicial Court of Massachusetts held that a defendant did not knowingly and voluntarily waive his right to counsel under the Massachusetts Constitution when he decided to represent himself at arraignment and during a change of plea hearing but nonetheless upheld his guilty plea because the …
by Sam Rutherford
The U.S. Court of Appeals for the Ninth Circuit granted a federal prisoner’s 28 U.S.C. § 2255 motion for habeas relief based on his claim that defense counsel provided ineffective assistance by failing to move to suppress evidence acquired after a police officer trespassed onto the curtilage of …
by Sam Rutherford
The U.S. Court of Appeals for the Ninth Circuit held that a defendant’s prior California conviction for assault with a deadly weapon under Cal. Penal Code § 245(a)(1) does not qualify as a “crime of violence” for purposes of a career offender sentence enhancement under the U.S. Sentencing …
by Sam Rutherford
The California Court of Appeal, Fourth Appellate, held that a defendant’s prison prior enhancement based on an offense that may no longer serve as a predicate for the sentence enhancement under Senate Bill No. 483 (2021–2022 Reg. Sess.) may not be affirmed based on the existence of …
by Sam Rutherford
The U.S. Court of Appeals for the Eleventh Circuit held that an asylee’s convictions in Florida state court for possession of marijuana under Fla. Stat. § 893.13(6)(b) and for lewd and lascivious battery under Fla. Stat. § 800.04(4) (2008) does not subject him to removal under the Immigration and …
by Sam Rutherford
The Supreme Court of Vermont abrogated the common-law year-and-a-day rule, under which the victim must die within one year and a day of the defendant’s criminal conduct to support a murder charge, thus reinstating a murder prosecution initiated against the defendant nearly two decades after his criminal …
by Sam Rutherford
The U.S. Court of Appeals for the Ninth Circuit upheld the U.S. District Court for the District of Eastern Washington’s order excluding a key Government witness’ testimony and imposing monetary sanctions against the Government based on its failure to disclose to the defense evidence material to the …
by Sam Rutherford
The Criminal Court of Appeals of Texas, the state’s highest court in criminal cases, granted a prisoner’s habeas corpus petition based on advances in science that undermined the validity of evidence concerning Shaken Baby Syndrome that played a key role in his prosecution and conviction for abusing …
