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Article • February 19, 2020 • from CLN March, 2020
Employers are Adjusting to Hiring Ex-Offenders by Anthony Accurso by Anthony Accurso A recent look at how Indianapolis companies are adjusting to hiring ex-offenders highlights opportunities and challenges for the newly released around the country. Nationally, the prison population has decreased 1.3 percent from 2017 to 2018, but in some …
Article • February 19, 2020 • from CLN March, 2020
Federal Prosecutor’s Office in Kansas Considers It Acceptable to Listen to Attorney-Client Conversations by Kevin Bliss by Kevin Bliss United States District Court Judge Julie Robinson released a 188-page opinion August 13, 2019, holding the Kansas branch of the U.S. Attorney’s Office (“USAO”) in contempt for deliberate obfuscation and misrepresentation …
Article • February 19, 2020 • from CLN March, 2020
Filed under: Sentencing
Sixth Circuit Vacates Sentence Because District Court Relied on Uncharged Shooting Allegation for Upward Departure from Sentencing Guidelines Range by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit vacated the sentence of Andre D. Hatcher, Jr. because the district court relied on an uncharged …
Article • February 19, 2020 • from CLN March, 2020
Washington Supreme Court Remands for Resentencing Where State Failed to Prove Criminal History by Douglas Ankney by Douglas Ankney In an enbanc decision, the Supreme Court of Washington reversed and remanded for resentencing where the State failed to prove a defendant’s criminal history beyond a reasonable doubt. A jury convicted …
Article • February 19, 2020 • from CLN March, 2020
Washington Supreme Court Affirms Reversals of Murder Convictions, Overrules Townsend by Douglas Ankney by Douglas Ankney In these consolidated cases, the Supreme Court of Washington overruled State v. Townsend, 15 P.3d 145 (Wash. 2001), and affirmed, albeit on different grounds, the decision of the Court of Appeals reversing the felony-murder …
Article • February 19, 2020 • from CLN March, 2020
Filed under: Sentencing
Texas Court of Criminal Appeals Announces New Test in Comparing Out-of-State Priors for Sentence Enhancement for Repeat Sex Offenders by Michael Berk by Michael Berk The Texas Court of Criminal Appeals announced a new test for determining whether a prior out-of-state conviction is “substantially similar” to enumerated Texas offenses for …
Article • February 19, 2020 • from CLN March, 2020
Vermont Supreme Court Rejects ‘Blanket Rule’ Requiring Fingerprinting in Misdemeanor Cases by Dale Chappell by Dale Chappell The Supreme Court of Vermont rejected a trial court’s order that a misdemeanor defendant had to be fingerprinted merely because the State participates in a national crime database. The Court said such a …
Article • February 19, 2020 • from CLN March, 2020
Filed under: Jury Instructions
Mississippi Supreme Court Abolishes ‘Pre-Arming’ Jury Instruction by Dale Chappell by Dale Chappell The Supreme Court of Mississippi held on January 9, 2020, that a pre-arming jury instruction was wrongfully given in a shooting death case and further held that no court in the state may ever again issue a …
Article • February 19, 2020 • from CLN March, 2020
Second Circuit Holds Appointment of Counsel for Direct Appeal Not Subject to Frivolousness Rule by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Second Circuit held in forma pauperis (“IFP”) “motions on direct criminal appeals are not subject to a merits determination under [28 U.S.C.] Section …
Article • February 19, 2020 • from CLN March, 2020
Lies by Former Houston Cop Facing Murder Charge Might Affect Over 14,000 Cases by David M. Reutter by David M. Reutter A Texas judge, Ramona Franklin, declared Otis Mallet “actually innocent” of selling crack cocaine to a Houston police officer, saying “What a miscarriage of justice we have all witnessed …
Article • February 19, 2020 • from CLN March, 2020
The ‘First Step’ Has Been Taken — What’s Next? by Dale Chappell by Dale Chappell Thousands of federal prisoners were sent home early. Scores of unfair drug sentences were reduced. Barbaric criminal laws were finally fixed. Federal prisoners were offered more drug treatment and release preparation. These are some of …
Article • February 19, 2020 • from CLN March, 2020
Filed under: Habeas Corpus
Ninth Circuit Affirms Habeas Relief Where Counsel Failed to Present Mitigating Evidence at Penalty Phase by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s judgment granting habeas relief to Jesse James Andrews because his attorneys failed to present extensive and …
Article • February 19, 2020 • from CLN March, 2020
Filed under: Jury Instructions
Georgia Supreme Court Reverses Conviction for Failure to Give Accomplice-Corroboration Jury Instruction by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia reversed the convictions of Matthew Doyle because the trial court failed to charge the jury on the requirement for corroboration of accomplice testimony. At Doyle’s murder trial, …
Article • February 19, 2020 • from CLN March, 2020
California Court of Appeal Invalidates Title 15 § 3490(a)(5) of the California Code of Regulations by Douglas Ankney by Douglas Ankney Division Five of the Second Appellate District of the California Court of Appeal granted Mohammad Mohammad’s petition for writ of habeas corpus and ordered the California Department of Corrections …
Article • February 19, 2020 • from CLN March, 2020
Nevada Supreme Court Announces Rule for When Hearing Required on Fair-Cross-Section of Community Violation Claim in Jury Selection by Dale Chappell by Dale Chappell The Supreme Court of Nevada held on December 19, 2019, that when a defendant makes specific allegations that, if true, would establish a “prima facie” showing …
Article • February 19, 2020 • from CLN March, 2020
Ohio Supreme Court Announces State Cannot Raise Fourth Amendment Standing Issue for First Time on Appeal by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio held that the State must raise in the trial court a claim that a defendant lacks standing to contest the admission of seized …
Article • February 19, 2020 • from CLN March, 2020
Eleventh Circuit Holds Georgia’s Terroristic Threats Statute Not Violent Felony for ACCA by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eleventh Circuit held that a Georgia prior conviction for making terroristic threats is not a violent felony under the Armed Career Criminal Act (“ACCA”), clarifying …
Article • February 18, 2020 • from CLN March, 2020
Filed under: Appeals, Trials
New York Court of Appeals Reverses Conviction Where Trial Court Negotiated Cooperation Agreement with Codefendant by Anthony Accurso by Anthony Accurso The Court of Appeals of New York reversed a defendant’s conviction for robbery because the trial court entered into a plea agreement with a codefendant that required the codefendant …
Article • February 18, 2020 • from CLN March, 2020
Nation’s First-Ever Nonprofit Forensics Laboratory Coming to Utah by Douglas Ankney by Douglas Ankney The Utah Cold Case Coalition (“Coalition”) announced in November 2019 that it is building Intermountain Forensics — the first nonprofit forensics lab in the United States. The Coalition is headed by Salt Lake attorney Karra Porter …
Article • February 18, 2020 • from CLN March, 2020
Filed under: Trials
Hawai’i Supreme Court: Time Spent in Arizona Prison Counts Toward Speedy Trial Rule in Hawai’i by Anthony Accurso by Anthony Accurso The Supreme Court of Hawai’i held that a defendant’s time spent in the custody of the State, though he was in a mainland prison in Arizona, did not make …
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