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Article • September 15, 2020 • from CLN October, 2020
New Jersey Supreme Court: Juror Excused After Partial Verdict Requires Mistrial on Remaining Counts by Dale Chappell by Dale Chappell The Supreme Court of New Jersey reaffirmed its rule that when a juror is excused after the jury has reached a verdict on some of the counts, but not others, …
Article • September 15, 2020 • from CLN October, 2020
Filed under: Grounds For Withdrawal
Seventh Circuit: Rehaif Creates Defense and Invalidates Defendant’s Guilty Plea by David Reutter by David M. Reutter The U.S. Court of Appeals for the Seventh Circuit held that a defendant was entitled to withdraw his guilty plea because he had a plausible defense in light of Rehaif v. United States, …
Article • September 15, 2020 • from CLN October, 2020
Ninth Circuit: Police Violate Fourth Amendment Executing Administrative Warrant Where Primary Purpose Is Gathering Evidence for Criminal Investigation by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit ruled that law enforcement officers violated the Fourth Amendment in executing an administrative warrant at a private …
Article • September 15, 2020 • from CLN October, 2020
Fourth Circuit Grants ‘SOS’ § 2254 Petition Attacking Three-Decade-Old Murder Conviction Based on New Evidence by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit granted permission for a state prisoner to file a second or successive (“SOS”) habeas corpus petition in the federal court …
South Carolina Supreme Court: Failure to Give Logan Instruction Not Harmless Error Where Evidence Almost Entirely Circumstantial by Douglas Ankney by Douglas Ankney The Supreme Court of South Carolina held that a trial court’s failure to charge the jury with the circumstantial evidence instruction from State v. Logan, 747 S.E.2d …
Article • September 15, 2020 • from CLN October, 2020
Justice Sotomayor Raises Due Process Concerns Over Eleventh Circuit’s Use of Published Successive Habeas Denial Orders by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eleventh Circuit publishes more orders denying “second or successive” habeas corpus petitions (“SOS applications”) than any other Circuit, and it then …
Article • September 15, 2020 • from CLN October, 2020
Seventh Circuit: District Court Abused Discretion by Denying Relief Without First Considering Recalculations Under First Step Act by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for the Western District of Wisconsin abused its discretion when it denied …
Article • September 15, 2020 • from CLN October, 2020
Colorado Supreme Court: Prosecution Prohibited From Arguing Defendant’s Failure to Retreat Showed Lack of Fear, Undermining Claim of Self-Defense by Douglas Ankney by Douglas Ankney The Supreme Court of Colorado held that a trial court erred when it permitted the prosecutor to argue that the defendant’s failure to retreat showed …
Article • September 15, 2020 • from CLN October, 2020
Filed under: Protests, Police
Successful Alternatives to Armed Police Response by Edward Lyon by Ed Lyon Since the May 25, 2020, killing of George Floyd by police, a movement to defund police departments across the U.S. has been gaining momentum. Defunding is not always the answer to law enforcement agencies that have traditionally been …
Chicago’s Police Torture Reparations by Jayson Hawkins by Jayson Hawkins In 2015, the decades-long battle waged by social justice activists in Chicago culminated in the passage of a reparations bill for victims of torture at the hands of the Chicago police. Five years after this historic victory, both victims and …
Article • September 15, 2020 • from CLN October, 2020
Filed under: Police Misconduct, Diabetes
Interactions Between Diabetics and Law Enforcement Can Become Life-Threatening by Casey Bastian by Casey Bastian Once again, a video of an interaction between a police officer and a citizen has gone viral. Thankfully, the citizen survived this encounter. Alexis Wilkins, a 20-year-old diabetic, was returning from a George Floyd protest …
Article • September 15, 2020 • from CLN October, 2020
California Supreme Court Vacates LWOP Sentence After Its Recent Cases Clarifying ‘Special Circumstance’ Murder by Dale Chappell by Dale Chappell The Supreme Court of California vacated a life without parole (“LWOP”) sentence imposed in a first-degree murder conviction, applying its recent decisions clarifying a “special circumstance” to allow such a …
Article • September 15, 2020 • from CLN October, 2020
Medical Experts Publish Guidelines on SUDC by Douglas Ankney by Douglas Ankney Sudden unexplained death in childhood (“SUDC”) ranks fifth in the categories of death in children ages one to four, and every year, it affects approximately 400 children ages one to 18. Unlike Sudden Infant Death Syndrome (“SIDS”), SUDC …
Article • September 15, 2020 • from CLN October, 2020
Arizona Supreme Court Announces Cumulative Error Framework for Reviewing Multiple Instances of Prosecutorial Misconduct by Douglas Ankney by Douglas Ankney The Supreme Court of Arizona announced a cumulative error framework for when an appellant claims he was denied a fair trial due to the cumulative effect of multiple instances of …
Article • September 15, 2020 • from CLN October, 2020
The Junk Science Cops Use to Decide You’re Lying by Jordan Smith Leaked documents detail law enforcement trainings in lie detection techniques that have been discredited by scientists. by Jordan Smith, The Intercept The article was originally published on August 12, 2020, and is republished with permission from The Intercept, …
Article • September 15, 2020 • from CLN October, 2020
Filed under: Editorials
From the Editors by We at the Human Rights Defense Center are saddened to announce the passing of our dear friend Kent Alan Russell on August 9, 2020. Many readers know him as the author of the California Habeas Handbook and California’s leading expert on habeas corpus. In addition, he …
Article • September 15, 2020 • from CLN October, 2020
California Court of Appeal Grants Habeas Relief Over Failure to Instruct Jury on ‘Heat of Passion’ by Dale Chappell by Dale Chappell The Court of Appeal of California, Third Appellate District, granted habeas relief on April 3, 2020, in a case where appellate counsel failed to request a jury instruction …
Article • September 15, 2020 • from CLN October, 2020
Attacking the Guilty Plea: The Art of Withdrawing a Guilty Plea by Dale Chappell by Dale Chappell The art of withdrawing a guilty plea comes down to which phase of the criminal proceeding the guilty plea is at when the motion to withdraw is filed. The phases are: (1) prior …
Article • September 15, 2020 • from CLN October, 2020
New Hampshire Supreme Court Announces Defendant Not Required to Identify Evidentiary Support for Noticed Defense by Douglas Ankney by Douglas Ankney The Supreme Court of New Hampshire held that N.H.R. Crim. P. 14(b)(2)(A) does not allow trial courts to require that defendants identify evidentiary support for a noticed defense. Michael …
Article • September 15, 2020 • from CLN October, 2020
Sixth Circuit Reverses District Court’s Grant of Summary Judgment to Defendants in § 1983 Suit Against City and Police Officers by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit reversed the judgment of the U.S. District Court for the Northern District of Ohio that …
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