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Article • March 18, 2020 • from CLN April, 2020
Sixth Circuit: Ohio’s Stringent Post-Conviction Filing Deadline Opens Window for Federal Review Under Trevino by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Sixth Circuit held that Ohio’s strict application of its post-conviction challenge deadline deprived a defendant of meaningful review of his ineffective assistance of …
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
Louisiana Supreme Court: When an Identified Attorney Seeks to Assist a Person in Custody and Police Fail to Inform the Person, Inculpatory Statements Must Be Suppressed by Douglas Ankney by Douglas Ankney The Supreme Court of Louisiana reaffirmed that the law of Louisiana requires law enforcement to inform a person …
Article • March 18, 2020 • from CLN April, 2020
D.C. Circuit: 18 U.S.C. § 1114 Does Not Apply Overseas But § 924(c) Does by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the D.C. Circuit held that 18 U.S.C. § 1114 does not apply to territories outside the United States. However, the Court ruled that 18 …
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
Ninth Circuit Orders Habeas Relief After California Concedes Conviction Should Be Overturned Due to Defense Counsel’s ‘Virulent Racism’ by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit reversed the district court’s denial of Ezzard Charles Ellis’ petition for a writ of habeas corpus and …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Jury Instructions
Michigan Supreme Court: Defendant Entitled to Self-defense Jury Instruction by David M. Reutter by David M. Reutter The Supreme Court of Michigan held a trial court erred in denying a defendant’s request for a self-defense instruction on the basis that a defendant who claims another person committed the homicide is …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Brain Injury, Habeas Corpus
Seventh Circuit Holds Brain Injury May Allow Equitable Tolling to File Late Habeas Petition by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit held on February 12, 2020, that a brain injury resulting from a stroke may be an “extraordinary circumstance” that could allow …
Article • March 18, 2020 • from CLN April, 2020
Life Sentence for Murder Overturned by New DNA Technology by Michael Fortino, Ph.D by Michael Fortino, Ph.D. After nearly 10 years behind bars, Lydell Grant, now 42, is on his way to being exonerated after the highest criminal appellate court in Texas vacated his conviction following its review of revised …
Article • March 18, 2020 • from CLN April, 2020
Filed under: junk science
Expert’s Burn-Pattern Conclusions Flawed by David M. Reutter by David M. Reutter The admission of expert opinion based on science is powerful evidence that is supposed to assist the jury in determining the truth surrounding an event. When a flawed opinion comes into play, the scales of justice become tilted. …
Article • March 18, 2020 • from CLN April, 2020
New York’s SARA Requirements Force Sex-Offenders into Homelessness Then Hold Them in Prison Due to Their Homelessness by Kevin Bliss by Kevin Bliss Allison Frankel of the Center for Appellate Litigation wrote an article in the Yale Law Journal discussing New York’s archaic sex-offender housing requirement laws and their inherent …
Article • March 18, 2020 • from CLN April, 2020
Law Review Article Zeros in on Roadblocks to Plea Bargain Fairness and Effectiveness by David M. Reutter by David M. Reutter More light must be shed on the plea-bargaining process, concludes a law review article published by Texas A&M University School of Law.  Transparent data is needed to “promote negotiation …
Article • March 18, 2020 • from CLN April, 2020
Kansas Supreme Court: State Failed to Prove Building Was a Dwelling by Douglas Ankney by Douglas Ankney In a case of first impression for the Supreme Court of Kansas, the Court affirmed the decision of the Court of Appeals that had reversed the burglary conviction of Charity Downing because the …
Article • March 18, 2020 • from CLN April, 2020
Maine Supreme Court Declares Blood Draw Statute Unconstitutional, Overruling Cormier by Douglas Ankney by Douglas Ankney The Supreme Court of Maine declared 29-A M.R.S. §§ 2522(2) and 2522(3) facially unconstitutional, overruling State v. Cormier, 928 A.2d 753 (Me. 2007). Randall J. Weddle was pinned inside the cab of his tractor-trailer …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Sentencing
Utah District Court Finds First Step Act Gives Court Authority to Reduce Stacked 55-Year § 924(c) Sentence by Chad Marks by Chad Marks Kepa Maumau was a 20 year old young man when he was arrested and charged with multiple 924(c) offenses. He was eventually sentenced to a total of …
Article • March 18, 2020 • from CLN April, 2020
Seventh Circuit Vacates Guilty Pleas Based on Misinformation of Mandatory Minimum by David M. Reutter by David M. Reutter The U.S. Court of Appeals for the Seventh Circuit vacated the sentences imposed via plea agreements of two defendants due to errors regarding the mandatory minimum sentences they would have faced. …
Article • March 18, 2020 • from CLN April, 2020
More Trainings Are Not the Answer to Police Violence Against Disabled People by Euree Kim by Euree Kim, reprinted from Truthout The Chicago Police Department (CPD) recently announced it would be hiring an Americans with Disabilities Act (ADA) compliance officer. The ADA compliance officer will be brought on to monitor CPD’s …
Article • March 18, 2020 • from CLN April, 2020
Sixth Circuit Adopts ‘Naked Eye Test’ for Altered Firearm Serial Number Enhancement by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit adopted a “naked eye test” in holding that a firearm’s serial number is not “altered or obliterated” for a sentencing enhancement if a …
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 …
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