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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. …
At Our Own Peril: DoD Risk Assessment in a Post-Primacy World, The United States Army War College, 2017 At Our Own Peril: DoD Risk Assessment in a Post-Primacy World Project Director & Principal Author Nathan P. Freier Contributing Authors Christopher M. Bado Christopher J. Bolan Robert S. Hume J. Matthew …
What Criminal Defense Lawyers Should Know About Civil Damages Recoveries, Olson, 2005 What Criminal Defense Lawyers Should Know About Civil Damages Recoveries For Clients Whose Constitutional Rights have been Violated by the Police September 13, 2005, 5:30 p.m. Dane County Criminal Defense Lawyers’ Association Bellini’s 401 E. Washington Avenue Madison, …
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