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Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’ by Anthony Accurso by Anthony W. Accurso The Supreme Court of Georgia unanimously granted a defendant’s habeas petition …
Article • January 15, 2025 • from CLN January, 2025
Oregon Supreme Court Announces 60-Day Limit on Pretrial Custody Applies to Retrials by Matthew Clarke by Matt Clarke The Supreme Court of Oregon held that the provision of ORS 136.290 limiting a criminal defendant’s pretrial custody to no more than 60 days also applies to retrials. Anthony Lee Benjamin IV …
Article • January 15, 2025 • from CLN January, 2025
Protect Yourself Against Police Invasion of Your Cellphone by Douglas Ankney by Douglas Ankney In Riley v. California, 573 U.S. 373 (2014), the U.S. Supreme Court recognized the reality that the amount of data people keep on their cellphones is almost beyond measure. The Riley Court ruled that police must …
Article • January 15, 2025 • from CLN February, 2025
Seeking Justice for Two: The DNA Scandal That Shook a Community by by Justyna Madenska This article explores the wrongful conviction of David Hehn and the unresolved murder of Gay Lynn Dixon, revealing systemic failures in forensic evidence handling and the justice system’s pursuit of true justice. In 1982, the …
Article • December 15, 2024 • from CLN January, 2025
Touch-Transfer DNA Remains Misunderstood and Still Poses High Risk of Wrongful Conviction by J.D. Schmidt by J.D. Schmidt Modern criminal investigations, especially cold homicide cases, often rely on what is known as “touch-transfer” DNA to identify the perpetrator. But in recent years, developments in DNA research have shown that there …
Article • December 15, 2024 • from CLN January, 2025
Kansas Supreme Court Announces Defendant-Witness Retains Fifth Amendment Privilege Against Compelled Self-Incrimination After Guilty Plea and Sentencing as Long as Testimony Sought Presents Legitimate Risk of Incrimination by Sam Rutherford by Sam Rutherford The Supreme Court of Kansas held that a defendant’s privilege against compelled self-incrimination concerning his alleged criminal …
Article • December 15, 2024 • from CLN January, 2025
Maryland Supreme Court Announces New Constitutional Rule Requiring Voir Dire Questions Related to Child-Witness Credibility and Abrogates Prior Inconsistent Case Law by Sam Rutherford by Sam Rutherford The Supreme Court of Maryland announced a new rule of constitutional law permitting defendants to ask potential jurors during jury selection whether they …
Article • December 15, 2024 • from CLN January, 2025
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 …
Article • December 15, 2024 • from CLN January, 2025
Seventh Circuit Announces Maximum Revocation Sentence for Violation of Supervised Release Based on Classification of Underlying Offense at Time of Conviction, Not at Time of Revocation by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Seventh Circuit held that the maximum sentence a defendant may receive …
Article • December 15, 2024 • from CLN January, 2025
California Court of Appeal Announces Postconviction Discovery Permitted in Resentencing Under Penal Code § 1172.6 for Felony Murder and Natural and Probable Consequences Murder Convictions by Sam Rutherford by Sam Rutherford The Court of Appeal of California, Second Appellate District, held that defendants are entitled to conduct discovery in preparation …
Article • December 15, 2024 • from CLN January, 2025
You’d Better Watch Out: The Surveillance State Is Making a List, and You’re On It by John W. Whitehead, Nisha Whitehead by John & Nisha Whitehead "He sees you when you’re sleeping He knows when you’re awake He knows when you’ve been bad or good So be good for goodness’ …
First Circuit Holds Government Breached Plea Agreement by Implicitly Arguing for Upward Variant Sentence by Including Pictures and Video of Defendant That Allegedly Depict His Criminal Tendencies in Sentencing Memo by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the First Circuit held that the Government implicitly …
Las Vegas Jury Finds Detectives Fabricated Evidence Against Woman Who Spent 15 Years in Prison for Murder and Awards Her $34 Million by James Mills by James Mills A Nevada jury ruled that two Las Vegas homicide detectives fabricated evidence against a local woman in a 2001 murder. Kirstin “Blaise” …
Illinois Supreme Court Announces Dismissal by Nolle Prosequi as Part of Agreement Bars State From Bringing Second Prosecution Where Defendant Satisfied Obligations and Reverses Empire Actor Jussie Smollett’s Conviction by Sam Rutherford by Sam Rutherford The Supreme Court of Illinois reversed and dismissed Empire actor Jussie Smollett’s felony disorderly conduct …
Third Circuit Announces Claim of Innocence Does Not Resolve Whether Defendant Would Have Accepted Plea Offer Absent Counsel’s Error and Holds Counsel Ineffective for Failing to Properly Advise Defendant About Mandatory Sentences If Plea Offer Rejected by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Third …
Article • December 15, 2024 • from CLN January, 2025
Scent of Death Evidence Admitted at Indiana Murder Trial by Sam Rutherford by Sam Rutherford In May 2024, John Hallett, 54, of Michigan City was found guilty of murdering his roommate and then dismembering the body. Prosecutors obtained the conviction by relying on novel “scent of death” evidence to prove …
Article • December 15, 2024 • from CLN January, 2025
Why Aren’t Eligible Individuals Taking Advantage of Expungement Laws? by Michael Thompson by Michael Dean Thompson The majority of states across the U.S. now allow people who have been convicted of some felonies to have the record of their conviction removed. The complete expungement of felony records allows the convicted …
Article • December 15, 2024 • from CLN January, 2025
Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit delineated the scope of U.S. District Courts’ authority to summarily dismiss …
Article • December 15, 2024 • from CLN January, 2025
Filed under: Editorials
From the Editor by Richard Resch by Richard Resch As we usher in 2025, we also mark the eighth year of Criminal Legal News (“CLN”). To those of you who have been with us from the beginning, we extend our heartfelt gratitude for your continued support, which has been instrumental …
Article • December 15, 2024 • from CLN January, 2025
Washington Supreme Court Declines to Expand Scope of Attenuation Doctrine Under State Constitution and Reverses Murder Conviction Based on Unlawfully Seized by Sam Rutherford by Sam Rutherford The Supreme Court of Washington clarified the scope of the attenuation doctrine under Article I, § 7 of the Washington Constitution, holding that the …
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