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California Court of Appeal Vacates Sentence Where Trial Court Imposed Sentence Under ‘One Strike’ Enhancement Statute Enacted After Crimes Were Committed
Article • March 15, 2025 • from CLN April, 2025
Filed under: Battered Child/Spouse Evidence, Sentence Enhancements/Departures, Sexual Abuse/Harrassment/Exploitation
California Court of Appeal Vacates Sentence Where Trial Court Imposed Sentence Under ‘One Strike’ Enhancement Statute Enacted After Crimes Were Committed by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Second Appellate District, vacated the sentence of Santiago Gonzalo Canales and remanded for resentencing because the trial …
Massachusetts Supreme Judicial Court: Defense Counsel Had Actual Conflict of Interest Where Own Performance During Police Interview of Defendant Could Serve as Basis of Motion to Suppress Based on Ine...
Article • March 15, 2025 • from CLN April, 2025
Filed under: Ineffective Assistance of Counsel, Motions To Suppress, Conflict of Interest
Massachusetts Supreme Judicial Court: Defense Counsel Had Actual Conflict of Interest Where Own Performance During Police Interview of Defendant Could Serve as Basis of Motion to Suppress Based on Ineffective Assistance of Counsel, New Trial Required W by Anthony Accurso by Anthony W. Accurso The Supreme Judicial Court of Massachusetts …
Colorado Supreme Court Announces When Deciding Defendant’s Pro Se Motion Requesting Counsel on Postconviction Review, Trial Court Must Either Deny Entire Motion or Permit All Claims If Any Have Argua...
Article • December 15, 2024 • from CLN January, 2025
Filed under: Appointment of Counsel, After Request for Counsel, Pro Se Issues
Colorado Supreme Court Announces When Deciding Defendant’s Pro Se Motion Requesting Counsel on Postconviction Review, Trial Court Must Either Deny Entire Motion or Permit All Claims If Any Have Arguable Merit by Sam Rutherford by Sam Rutherford The Supreme Court of Colorado issued an opinion defining the scope of a …
Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Pr...
Article • August 1, 2024 • from CLN August, 2024
Filed under: Evidentiary Ruling, Habeas Corpus, Ineffective Assistance of Counsel, Counsel - Effective Assistance of
Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit …
Sixth Circuit Grants Habeas Relief on Ineffective Assistance of Counsel and Batson Claims
Article • July 15, 2024 • from CLN July, 2024
Filed under: AEDPA, Batson Claims, Failure to Consult/Investigate/Raise
Sixth Circuit Grants Habeas Relief on Ineffective Assistance of Counsel and Batson Claims by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Sixth Circuit affirmed the U.S. District Court for the Eastern District of Michigan’s order granting a Michigan prisoner’s petition for writ of habeas corpus …
Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character
Article • April 15, 2024 • from CLN April, 2024
Filed under: Parental rights, Counsel - Effective Assistance of, Strickland Standard, Failure to Preserve Challenge, Failure to Consult/Investigate/Raise, Battered Child/Spouse Evidence, Character/Reputation/Propensity, Bad Acts Evidence
Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character by Matthew Clarke by Matt Clarke The Supreme Judicial Court of Maine reversed a defendant’s domestic violence conviction after finding her attorney was ineffective for opening the door to prejudicial evidence about her parenting …
Vermont Supreme Court Announces Prejudice Determination for IAC Claim Based on Rejected Plea Offer Limited to Evidence Available at Time Plea Considered—Not Any Subsequent Evidence
Article • April 15, 2024 • from CLN April, 2024
Filed under: Failure to Address/Advise Defendant, Consequences of Plea
Vermont Supreme Court Announces Prejudice Determination for IAC Claim Based on Rejected Plea Offer Limited to Evidence Available at Time Plea Considered—Not Any Subsequent Evidence by David Reutter by David M. Reutter In a case of first impression, the Vermont Supreme Court held “that in determining whether the criminal court …
Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel
Article • March 15, 2024 • from CLN March, 2024
Filed under: Habeas Corpus, AEDPA, Sentence and Judgement, Failure to Consult/Investigate/Raise
Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit made the rare decision to order an evidentiary …
Third Circuit: Defense Counsel Ineffective Under Strickland Where Counsel Sat Silent After Judge Threatened to Charge Witness With Perjury Unless Testimony Changed
Article • February 15, 2024 • from CLN February, 2024
Filed under: AEDPA, False Statements/Perjury, Strickland Standard, Strickland v. Washington, Failure to Object/Late Objections
Third Circuit: Defense Counsel Ineffective Under Strickland Where Counsel Sat Silent After Judge Threatened to Charge Witness With Perjury Unless Testimony Changed by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit ruled that Ronald Rogers was denied effective assistance of counsel when his attorney …
Study Finds Public Defenders’ Heavy Workloads Prevent Effective Representation, Amendments to 50-Year-Old Guidelines Recommended
Article • February 15, 2024 • from CLN February, 2024
Filed under: Public Defenders, Strickland Standard, Per se ineffectiveness
Study Finds Public Defenders’ Heavy Workloads Prevent Effective Representation, Amendments to 50-Year-Old Guidelines Recommended by Douglas Ankney by Douglas Ankney The National Public Defense Workload Study (“Study”) examined the guidelines created by the National Advisory Committee in 1973 (“NAC Standards”) that determine the recommended number of cases annually that a …
Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence
Article • January 15, 2024 • from CLN January, 2024
Filed under: AEDPA, Effective Assistance of Counsel, Counsel - Effective Assistance of, Strickland Standard, Identification Documents/Evidence, Failure to Consult/Investigate/Raise, Trial Strategy, Strickland v. Washington
Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit affirmed the U.S. District Court for the Eastern District of Louisiana’s grant of habeas …
U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence
Article • January 15, 2024 • from CLN January, 2024
Filed under: AEDPA, Procedural Default/Error, Proving Cause, Capital Cases, Procedural Error, Effective Assistance of Counsel, Counsel - Right to, Counsel - Effective Assistance of, Strickland Standard, Per se ineffectiveness, Right to Counsel
U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence by Douglas Ankney by Douglas Ankney The current justices on the Supreme Court of the United States (“SCOTUS”) apparently prioritize ideology over guilt or innocence. Almost 40 years ago, SCOTUS held that the U.S. Constitution’s Sixth Amendment guarantee of a …
Jesse Johnson: 194th Person Exonerated While on Death Row
Article • January 15, 2024 • from CLN January, 2024
Filed under: Wrongful Conviction, Racial Profiling, Failure to Consult/Investigate/Raise
Jesse Johnson: 194th Person Exonerated While on Death Row by Jordan Arizmendi by Jordan Arizmendi Twenty-five years after Jesse Johnson, 62, was wrongfully convicted and sentenced to death, in September, he became the 194th person to be exonerated while on Death Row. In 1998, Harriet Thompson was stabbed to death …
Massachusetts Supreme Court: Defense Counsel’s Overt Bias Against Own Client Constitutes Actual Conflict of Interest Requiring New Trial Without Need to Prove Prejudice
Article • December 15, 2023 • from CLN December, 2023
Filed under: Counsel - Constructive denial of, Strickland Standard, Conflict of Interest, Disqualification of Counsel
Massachusetts Supreme Court: Defense Counsel’s Overt Bias Against Own Client Constitutes Actual Conflict of Interest Requiring New Trial Without Need to Prove Prejudice by Anthony Accurso by Anthony W. Accurso The Supreme Judicial Court of Massachusetts ruled defendant’s (a Black man of the Muslim faith) showing that trial counsel harbored …
‘Data for Defenders’: Valuable New Resource for Defense Counsel and Pro Se Litigants
Article • October 1, 2023 • from CLN October, 2023
Filed under: Databases, Pro Se Issues
‘Data for Defenders’: Valuable New Resource for Defense Counsel and Pro Se Litigants by Jordan Arizmendi by Jordan Arizmendi A new open access database called “Data for Defenders,” a project of MDefenders program at the University of Michigan Law School, is a valuable tool for defenders. The resources available in …
New Tool Used by Police to Improve Interviewing Skills
Article • October 1, 2023 • from CLN October, 2023
Filed under: junk science, Investigators/Investigative Findings
New Tool Used by Police to Improve Interviewing Skills by Jordan Arizmendi by Jordan Arizmendi Assistant professor of Psychology  at Northumbria University, Newcastle, Dr. Laura Farrugia, created the Forensic Interview Trace (“FIT”) as a way to record the content, components, and flow of a forensic interview. The app was developed …
Colorado Supreme Court Clarifies There Is No Per Se Rule Excluding Self-Serving Hearsay
Article • September 1, 2023 • from CLN September, 2023
Filed under: Pro Se Issues, Hearsay Evidence, Exclusionary Rule
Colorado Supreme Court Clarifies There Is No Per Se Rule Excluding Self-Serving Hearsay by Matthew Clarke by Matt Clarke The Supreme Court of Colorado ­clarified that there is no per se rule excluding self-serving hearsay by a criminal defendant, holding that “like any other hearsay statement, a defendant’s self-serving hearsay …
New York Court of Appeals: Constitutional Prohibition Against Restraining Defendant Without Explanation Remains in Force During Announcement of Verdict and Polling of Jurors
Article • September 1, 2023 • from CLN September, 2023
Filed under: Juror Bias, Pre-Trial Restraint of Assets, Shackles
New York Court of Appeals: Constitutional Prohibition Against Restraining Defendant Without Explanation Remains in Force During Announcement of Verdict and Polling of Jurors by Douglas Ankney by Douglas Ankney The New York Court of Appeals held that until the jury returns to the courtroom and publicly announces and confirms the …
New Study Proposes Biological Reasons May Cause Sudden Infant Death Syndrome
Article • September 1, 2023 • from CLN September, 2023
Filed under: Wrongful Conviction, Wrongful Death, Battered Child/Spouse Evidence
New Study Proposes Biological Reasons May Cause Sudden Infant Death Syndrome by Jordan Arizmendi by Jordan Arizmendi Few events are more horrific than sudden infant death syndrome (“SIDS”). A boisterous and healthy baby, before their first birthday, goes to sleep in their crib and is found dead the next day. …
Report and Recommendations Concerning Access to Counsel at the Federal Bureau of Prisons' Pretrial Facilities-July 2023
Publication • July 20, 2023
Filed under: Counsel - Effective Assistance of
Report and Recommendations Concerning Access to Counsel at the Federal Bureau of Prisons' Pretrial Facilities-July 2023 Report and Recommendations Concerning Access to Counsel at the Federal Bureau of Prisons’ Pretrial Facilities July 20, 2023 Advisory Group of DOJ Components Use of this Report This Report was drafted to provide an …
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