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Massachusetts Breathalyzer Malfunctions, Evidence Withheld by The Massachusetts Executive Office of Public Safety and Security released a bombshell 126-page report on October 16, 2017 that found a practice of intentionally withholding evidence from defense attorneys by the state’s Office of Alcohol Testing (“OAT”). Melissa O’Meara, technical leader of the office, …
Article • January 19, 2018 • from CLN February, 2018
Eighth Circuit Reverses Convictions Due to Constructive Amendment of Charges by Mark Wilson by Mark Wilson The United States Court of Appeals for the Eighth Circuit reversed a man’s convictions for interfering with two forestry workers, ruling that the prosecution and court constructively amended his charges. Thomas McDill owned property …
Article • January 19, 2018 • from CLN February, 2018
Filed under: Criminal Procedure
10th Circuit Suppresses Evidence Based on Overbroad Protective Sweep Under Buie by Richard Resch by Richard Resch The U.S. Court of Appeals for the Tenth Circuit ruled that a protective sweep of a house conducted incident to the lawful arrest of an occupant was too broad and thus was not …
Article • January 19, 2018 • from CLN February, 2018
Filed under: Criminal Procedure
Georgia Hearsay Admissible Under Co-Conspirator Exception by Mark Wilson by Mark Wilson The Georgia Supreme Court held that a criminal defendant was not denied effective assistance of trial counsel when his attorney failed to object to hearsay and a detective’s improper comment on his pre-trial silence. Rather, the hearsay was …
Article • January 19, 2018 • from CLN February, 2018
Kentucky Supreme Court Clarifies Adoptive Admission Exception to Hearsay Rule by Christopher Zoukis by Christopher Zoukis The Kentucky Supreme Court has clarified exactly what the “adoptive admission” exception to the hearsay rule is under Kentucky law and how it applies in a criminal trial. The teachable moment came in a …
Article • January 19, 2018 • from CLN February, 2018
Colorado Supreme Court: Criminal Defendant Seeking to Fire Paid, Retained Counsel for Court-Appointed Counsel Need Not Show Good Cause by Christopher Zoukis by Christopher Zoukis The Colorado Supreme Court ruled that a criminal defendant may fire retained counsel without any showing of good cause when seeking to replace retained counsel …
Article • January 19, 2018 • from CLN February, 2018
Oregon Court Vacates Order Refusing to Seal Arrest Record by Mark Wilson by Mark Wilson Under ORS 137.225(l)(b), “at any time after ... a dismissal of the charges,” an “arrested person may apply” to the trial court “for an order setting aside the record of arrest.” The court is required …
Article • January 19, 2018 • from CLN February, 2018
Filed under: Criminal Procedure
Vermont Guilty Plea Requires Defendant to Personally Acknowledge Factual Basis for Each Element of the Offenses Charged by Mark Wilson by Mark Wilson The Vermont Supreme Court reversed a defendant’s conviction because she never personally admitted to a factual basis for her plea in violation of Vermont Rule of Criminal …
Massachusetts High Court Vacates OUI Conviction for Improper Jury Instruction in Which Judge Told Jury to Disregard the Absence of Any Sobriety Tests by Christopher Zoukis by Christopher Zoukis The Supreme Judicial Court of Massachusetts ruled that a defendant accused of operating a motor vehicle while under the influence (“OUI”) …
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 …
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