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Article • March 18, 2020 • from CLN April, 2020
Filed under: Trials, Wrongful Conviction
Rhode Island Supreme Court Reverses Conviction Due to Prosecutor’s Remarks and Jury Consideration of Inadmissible Evidence by Douglas Ankney by Douglas Ankney The Supreme Court of Rhode Island vacated the first-degree child molestation sexual assault conviction against Henry G. Bozzo due to a remark made by the prosecutor during closing …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Jury Instructions, Trials
Maryland Court of Appeals Announces, When Requested, Trial Courts Must Ask During Voir Dire Whether Jurors Will Follow Court’s Instructions on Presumption of Innocence, Burden of Proof, and Right Not to Testify by Douglas Ankney by Douglas Ankney On January 24, 2020, the Court of Appeals of Maryland announced that …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Trials
Third Circuit: Confrontation Clause Violated When Jury Is Told ‘Other Guy’ Referenced in Non-Testifying Codefendant’s Statement Is the Defendant by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit ruled that Arthur Johnson’s right to confront his accusers was violated when his non-testifying codefendant’s statement …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Trials
Georgia Supreme Court Overrules 50 Years of Jurisprudence and Announces Courts Are to Consider Cumulative Prejudice of Trial Court and Counsel Errors by Douglas Ankney by Douglas Ankney On February 10, 2020, the Supreme Court of Georgia unanimously ruled that reviewing courts are to consider the cumulative effect of trial …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Trials
Connecticut Supreme Court Clarifies Standard of Review for Confrontation Clause Claims; Reverses and Remands for a New Trial by Douglas Ankney by Douglas Ankney The Supreme Court of Connecticut clarified the standard of review for claimed violations of the Sixth Amendment’s Confrontation Clause and reversed the judgment of the Appellate …
Article • February 18, 2020 • from CLN March, 2020
Filed under: Appeals, Trials
New York Court of Appeals Reverses Conviction Where Trial Court Negotiated Cooperation Agreement with Codefendant by Anthony Accurso by Anthony Accurso The Court of Appeals of New York reversed a defendant’s conviction for robbery because the trial court entered into a plea agreement with a codefendant that required the codefendant …
Article • February 18, 2020 • from CLN March, 2020
Filed under: Trials
Hawai’i Supreme Court: Time Spent in Arizona Prison Counts Toward Speedy Trial Rule in Hawai’i by Anthony Accurso by Anthony Accurso The Supreme Court of Hawai’i held that a defendant’s time spent in the custody of the State, though he was in a mainland prison in Arizona, did not make …
Article • January 21, 2020 • from CLN February, 2020
Washington Supreme Court Announces Rules for Trial Courts When Implicit Racial Bias Alleged in Jury Decision by Douglas Ankney by Douglas Ankney The Supreme Court of Washington announced procedural rules for trial courts to follow when a post-verdict motion for new trial alleges implicit racial bias of a juror or …
Article • December 18, 2019 • from CLN January, 2020
Filed under: Trials
Nevada Supreme Court: Trial Court Must Give Manslaughter Instruction Even When Evidence Is Circumstantial by Douglas Ankney by Douglas Ankney The Supreme Court of Nevada held that a district court must instruct the jury on voluntary manslaughter when requested by the defense so long as it is supported by some …
Article • December 17, 2019 • from CLN January, 2020
Filed under: Trials
Harmless Error: Explained by Gabe Newland by Gabe Newland, The Appeal This Explainer was produced by The Appeal, a nonprofit criminal justice news site. In our Explainer series, Justice Collaborative lawyers and other legal experts help unpack some of the most complicated issues in the criminal justice system. We break …
Article • December 1, 2019
Filed under: Attorneys, Trials
‘Awful’ Oregon Closing Argument Constitutes Ineffective Assistance of Trial Counsel by Mark Wilson by Mark Wilson The Oregon Court of Appeals held that a criminal defense attorney’s closing argument was so deficient to constitute ineffective assistance of counsel. Police searched a large Albany, Oregon, property after receiving a tip that …
Article • October 16, 2019 • from CLN November, 2019
Filed under: Attorneys, Trials
10th Circuit: District Court Must Ensure When Defendant Waives Right to Counsel He Understands He’s Required to Adhere to Federal Procedural and Evidentiary Rules by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit ruled that a district court must ensure that when a criminal …
Article • October 16, 2019 • from CLN November, 2019
Ninth Circuit Rules IAC for Failure to Investigate Mitigating Evidence During Penalty Phase of Capital Trial by Anthony Accurso by Anthony Accurso  The U.S. Court of Appeals for the Ninth Circuit held the California Supreme Court was objectively unreasonable when it denied defendant’s claim that his lawyer provided ineffective assistance …
Article • September 17, 2019 • from CLN October, 2019
Delaware Supreme Court: Where Defendant Competent to Plead ‘Guilty but Mentally Ill,’ He May Revoke Plea Before It Is Accepted by Anthony Accurso by Anthony Accurso The Supreme Court of the State of Delaware held that when a defendant has been declared competent to plead guilty he retains the right …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Trials
Minnesota Supreme Court Clarifies That State Has Burden to Prove Competency to Stand Trial by Dale Chappell by Dale Chappell The State and not the defendant has the burden to prove that a defendant is competent to stand trial, the Supreme Court of Minnesota held, clarifying the rule on the …
Article • August 20, 2019 • from CLN September, 2019
Filed under: Trials
Colorado Supreme Court Announces That the People Cannot Withdraw From a Plea Agreement After the Trial Court Rejects Stipulated Sentence by Douglas Ankney by Douglas Ankney The Supreme Court of Colorado announced that the People cannot withdraw from a plea agreement after the trial court accepts the defendant’s guilty plea …
Article • July 16, 2019 • from CLN August, 2019
Court Reporters Likely Fail to Accurately Transcribe Testimony for Speakers of ‘African American English’ by Anthony Accurso by Anthony Accurso  A recent Vice.com article draws attention to a pioneering study that concludes court reporters exhibit low proficiency with African American English (“AAE”), and that the problem results in a systemic …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Trials
D.C. Circuit Holds Expert’s False Testimony ‘Material,’ Allowing Challenge to Four-Decade-Old Murder Conviction by Dale Chappell by Dale Chappell The Government’s key expert’s false hair-comparison testimony that likely swayed a jury to convict was held to be “material” because it was the primary piece of evidence to contradict the defense …
Article • June 17, 2019
Filed under: Trials
New Jersey Supreme Court Holds Months-Long Delay Between Interrogations Not a ‘Break in Custody’ to Avoid Miranda Rights for Pretrial Detainee by Dale Chappell by Dale Chappell Concluding that there is a difference between those in prison and those in pre-trial detention, the Supreme Court of New Jersey held that …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Trials
Hawai’i Supreme Court Announces New Rule Requiring Tachibana Colloquy in All Trials by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i announced a new rule beginning April 10, 2019, that all trial courts are required to conduct an on-the-record colloquy regarding the right to testify or to not …
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