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Article • January 19, 2018 • from CLN February, 2018
11th Circuit Rules Counsel Deficient for Failing to Challenge “Usable” Amount in Drug Case by David Reutter by David Reutter The U.S. Court of Appeals for the Eleventh Circuit ordered an evidentiary hearing in an ineffective assistance of counsel claim based on counsel’s failure to argue that some waste materials …
Article • January 19, 2018 • from CLN February, 2018
In Historic Move, 15 Cases Related to Crooked Chicago Cop Thrown Out by Christopher Zoukis by Christopher Zoukis Cook County, Illinois Chief Criminal Judge LeRoy Martin tossed the convictions of 15 criminal defendants on November 16, 2017 because the cases were linked to disgraced former Chicago Police Sergeant Ronald Watts. …
Article • January 19, 2018 • from CLN February, 2018
Ohio Supreme Court Holds Exclusion of Evidence Inappropriate Remedy for Violation of Knock-And-Announce Principle Where Search Warrant Issued by Mark Wilson by Mark Wilson The Ohio Supreme Court held that once a warrant has been issued, the exclusion of evidence is not an appropriate remedy when police violate the knock-and-announce …
Article • January 19, 2018 • from CLN February, 2018
Filed under: Criminal Procedure
Georgia Supreme Court Reverses Armed Robbery Conviction, Defendant Lacked Dominion by Dale Chappell by Dale Chappell Unless the State can prove a defendant had “complete dominion” over the property he intended to steal from a person, he cannot be guilty of armed robbery, the Georgia Supreme Court held on October …
Article • January 19, 2018 • from CLN February, 2018
Oregon Court of Appeals Rules Defendant’s Motion to Suppress Satisfied Uniform Trial Court Rule 4.060(1) by The Oregon Court of Appeals reversed a lower court’s order, striking a defendant’s motion to suppress for failure to comply with a court rule. Uniform Trial Court Rule (“UTCR”) 4.060(1) mandates that a motion …
Article • January 19, 2018 • from CLN February, 2018
The Insanity Defense: It’s Not What You Think by Christopher Zoukis by Christopher Zoukis In the American criminal justice system, a defendant who commits a crime while “insane” cannot be held legally responsible for that crime. In such cases, legal guilt is not established, and the defendant may not be …
Article • January 19, 2018 • from CLN February, 2018
New York Court of Appeals: Criminal Trial Judge Cannot Also Be Sole Appellate Judge by The New York Court of Appeals ruled on October 24, 2017 that the judge who presided over a defendant’s criminal trial cannot also act as the sole judge who presides over that defendant’s appeal as …
Article • January 19, 2018 • from CLN February, 2018
Equivocal Request for Counsel Requires Police to Seek Clarification of Suspect’s Intent Under Oregon Law by The Oregon Court of Appeals determined that investigating officers failed to clarify the intent of a defendant’s equivocal invocation of the right to counsel, rendering his subsequent statements to police inadmissible. Paul Joseph Sanelle …
Article • January 19, 2018 • from CLN February, 2018
Eighth Circuit: Illinois Burglary Conviction Not Valid Predicate Offense for ACCA Purposes by The United States Court of Appeals for the Eighth Circuit ruled on September 28, 2017 that a generic burglary conviction in Illinois cannot be used as one of the three “violent felonies” necessary to establish violation of …
Article • December 28, 2017
Supreme Court Sets Aside Complicated Pennsylvania Death Penalty Case by Derek Gilna by Derek Gilna The U.S. Supreme Court on June 9, 2016 overturned the action of relief by the Pennsylvania Supreme Court, that vacated the decision of a post conviction court that found the death penalty conviction  of Terrence …
Article • December 27, 2017
Juvenile Sex Offenders in W.V. Not Required to Register After State Supreme Court Rules 'Adjudication' Not 'Conviction' by Lonnie Burton by Lonnie Burton On February 14, 2017, the West Virginia Supreme Court issued a decision that under state law, a juvenile adjudicated guilty of a sex offense was not required …
Article • December 27, 2017
Suspect Evidence Informed a Momentous Supreme Court Decision on Criminal Sentencing by Ryan Gabrielson by Ryan Gabrielson, ProPublica  <script type="text/javascript" src="https://pixel.propublica.org/pixel.js" async="true"></script> More than 30 years ago, Congress identified what it said was a grave threat to the American promise of equal justice for all: Federal judges were giving wildly different punishments …
Article • December 19, 2017 • from CLN January, 2018
Oregon Supreme Court Announces Default Rule When Plea Agreement Silent About Reprosecution Upon Subsequent Death of Victim by Mark Wilson by Mark Wilson The Oregon Supreme Court upheld the dismissal of murder charges against a defendant who pleaded guilty under a plea agreement to assaulting a victim who subsequently died. …
Article • December 19, 2017 • from CLN January, 2018
New York Becomes First State to Require Trial Judges to Remind Prosecutors of Their Brady Obligations During All Criminal Trials by Christopher Zoukis by Christopher Zoukis New York Chief Administrative Judge Lawrence K. Marks issued a bold (and much needed) new rule on November 7, 2017. Intended to remind prosecutors …
State Counsel for Offenders Report Review of the Operations of State Counsel for Offenders Report by the State Bar of Texas Legal Services to the Poor in Criminal Matters Committee1 Approved for Publication December 8, 2017 Disclaimer: The following report and the underlying research were completed by members of the …
Article • November 30, 2017
Connecticut Removal of Spanish-Speaking Juror Not Reversible Without Prejudice by Mark Wilson by Mark Wilson The Connecticut Supreme Court held that the improper exclusion of a prospective Spanish-speaking juror is not reversible unless prejudice is shown. Jeffrey P. Gould was tried on a Connecticut sex crime. While the prosecutor was …
Article • November 30, 2017
Filed under: Criminal Procedure
Whether Indiana Identity Fraud is for "Unlawful Purpose" is Affirmative Defense, Not Element of Offense by Mark Wilson by Mark Wilson The Indiana Court of Appeals held that whether a person falsely uses another person's identity is "for an unlawful purpose" is an affirmative defense rather than an element of …
Article • November 30, 2017
Reform of Florida’s Criminal Justice Laws Urged by David Reutter by David M. Reutter Florida taxpayers spend around $2.3 billion annually on the state’s Department of Corrections--twice what they spend on Florida’s 28 public colleges combined. At least five other states also led by Republican governors and GOP legislative majorities--Alabama, …
Article • November 28, 2017
Fifth Circuit Upholds Denial of Continuance to Retain Counsel Morning of Revocation Hearing by Mark Wilson by Mark Wilson The United States Court of Appeals for the Fifth Circuit held that a lower court did not abuse its discretion in refusing to continue a supervised release revocation hearing to allow …
Brief • October 20, 2017
Filed under: AEDPA, Criminal Procedure
Pfister v. Wood, IL, Opinion, 2017 In the United States Court of Appeals For the Seventh Circuit ____________________ No. 13‐3327 PAYSUN LONG, Petitioner‐Appellant, v. RANDY PFISTER, Warden, Stateville Correctional Center, Respondent‐Appellee. ____________________ Appeal from the United States District Court for the Central District of Illinois. No. 11‐CV‐1265 — Michael M. …
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