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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
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
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 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
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 …
Filing • January 23, 2020
HRDC v. Marshall County, TN, Settlement, Publications, 2020 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("the Agreement") is entered in effect as of November 20, 2019, by and between Human Rights Defense Center and Marshall County, Tennessee. WHEREAS, all claims have been presented or otherwise could have been …
Article • January 21, 2020 • from CLN February, 2020
South Carolina Supreme Court Grants New Trial Due to Prosecutor’s Prejudicial Closing Remarks by Douglas Ankney by Douglas Ankney The Supreme Court of South Carolina granted a new trial to Oscar Fortune after the Court determined Fortune’s due process rights were violated by prejudicial remarks from the prosecutor during closing …
Article • January 21, 2020 • from CLN February, 2020
New York Court of Appeals: Police Officers May be Cross-Examined About Acts of Dishonesty Like Any Other Witness by Douglas Ankney by Douglas Ankney The Court of Appeals of New York ruled that police officers may be questioned about prior acts of dishonesty, subject to the trial court’s discretion, just …
Article • January 21, 2020 • from CLN February, 2020
Filed under: Defenses
Georgia Supreme Court Clarifies What a Defendant Must ‘Admit’ Before Raising an Affirmative Defense by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia clarified that a criminal defendant need not “admit” anything — in the sense of acknowledging that any facts alleged in the charges against him are …
Article • January 21, 2020 • from CLN February, 2020
Filed under: Jury Instructions
Colorado Supreme Court Reverses Conviction Because Trial Court Failed to Give No-Adverse-Inference Jury Instruction for Choosing Not to Testify by Douglas Ankney by Douglas Ankney he Supreme Court of Colorado reversed the conviction of Julian Anastacio Deleon because the trial court failed to give a no-adverse-inference instruction to the jury …
Article • January 21, 2020 • from CLN February, 2020
Filed under: Defenses, Habeas Corpus
Sixth Circuit: Grant of Habeas on Grounds that State Trial Court Violated Defendant’s Right to Present a Complete Defense by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit affirmed a district court’s conditional grant of a petition for writ of habeas corpus on grounds …
Article • January 21, 2020 • from CLN February, 2020
Washington Supreme Court Announces Rules for Trial Courts When Implicit Racial Bias Alleged in Jury Decision by Douglas Ankney by Douglas Ankney The Supreme Court of Washington announced procedural rules for trial courts to follow when a post-verdict motion for new trial alleges implicit racial bias of a juror or …
Article • January 17, 2020 • from CLN February, 2020
Filed under: junk science, Police
Why Are Cops Around the World Using This Outlandish Mind-Reading Tool? by Ken Armstrong, Christian Sheckler The creator of Scientific Content Analysis, or SCAN, says the tool can identify deception. Law enforcement has used his method for decades, even though there’s no reliable science behind it. Even the CIA and …
Article • December 19, 2019 • from CLN January, 2020
Filed under: Jury Instructions
Tennessee Supreme Court Reverses Conviction Because Trial Court Refused to Give ‘Necessity’ Jury Instruction Because Defendant Never Testified About Mental State by Douglas Ankney by Douglas Ankney The Supreme Court of Tennessee reversed Brandon Cole-Pugh’s conviction because the trial court refused to instruct the jury on the defense of necessity. …
Article • December 19, 2019 • from CLN January, 2020
Filed under: Appeals
Georgia Supreme Court Announces Fundamental Overhaul of Jurisprudence Governing Appeals of Guilty Pleas and Out-of-Time Appeals by Douglas Ankney by Douglas Ankney In a landmark ruling, the Supreme Court of Georgia completely overhauled the state’s jurisprudence governing appeals of cases that resulted in guilty pleas and governing out-of-time appeals, overturning …
Article • December 18, 2019 • from CLN January, 2020
Filed under: Trials
Nevada Supreme Court: Trial Court Must Give Manslaughter Instruction Even When Evidence Is Circumstantial by Douglas Ankney by Douglas Ankney The Supreme Court of Nevada held that a district court must instruct the jury on voluntary manslaughter when requested by the defense so long as it is supported by some …
Article • December 17, 2019 • from CLN January, 2020
Filed under: Trials
Harmless Error: Explained by Gabe Newland by Gabe Newland, The Appeal This Explainer was produced by The Appeal, a nonprofit criminal justice news site. In our Explainer series, Justice Collaborative lawyers and other legal experts help unpack some of the most complicated issues in the criminal justice system. We break …
Article • December 17, 2019 • from CLN January, 2020
Filed under: Witnesses
Tenth Circuit Holds Davis Retroactive, Retaliation Against a Witness Not Crime of Violence Under § 924(c) by Dale Chappell by Dale Chappell In a lengthy opinion addressing two issues of first impression in the circuit, the U.S. Court of Appeals for the Tenth Circuit held that United States v. Davis, …
Article • December 17, 2019 • from CLN January, 2020
Filed under: Juries, Witnesses
Hawai’i Supreme Court Announces New Rule Requiring Both Judges and Juries to Consider Numerous Factors in Witness ID Cases by Dale Chappell by Dale Chappell The Supreme Court of Hawai’i held on October 1, 2019, that when a judge assesses the admissibility of an eyewitness’ identification of a defendant, not …
Filing • December 6, 2019
Filed under: Centurion, Public Records
HRDC v. Centurion, FL, Complaint, Public Records, 2019 Filing # 99957286 E-Filed 12/06/2019 09:11:02 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY CASE NO.: HUMAN RIGHTS DEFENSE CENTER, a not-for-profit corporation, IMMEDIATE HEARING REQUESTED PURSUANT TO FLA. STAT. § 119.11(1) Plaintiff, vs. CENTURION …
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