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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 …
Article • December 1, 2019
Filed under: Attorneys, Trials
‘Awful’ Oregon Closing Argument Constitutes Ineffective Assistance of Trial Counsel by Mark Wilson by Mark Wilson The Oregon Court of Appeals held that a criminal defense attorney’s closing argument was so deficient to constitute ineffective assistance of counsel. Police searched a large Albany, Oregon, property after receiving a tip that …
Article • December 1, 2019
Oregon Court of Appeals: Entering iPhone Passcode is Testimonial Act; Can Be Compelled if State Establishes Defendant’s Knowledge of Passcode is ‘Foregone Conclusion’ by Mark Wilson by Mark Wilson In a case of first impression, the Oregon Court of Appeals held that entering a passcode into a smartphone is testimonial …
Article • November 19, 2019 • from CLN December, 2019
Payouts for Police Misconduct Claims Rise While Number of Claims Appear to Fall by Douglas Ankney by Douglas Ankney Municipalities and insurers are spending more in costs and payouts from law enforcement misconduct claims, but it appears that the total number of claims is dropping. The rise in costs may …
Article • November 19, 2019 • from CLN December, 2019
Filed under: Expert Witnesses
Michigan Supreme Court Reverses Criminal Sexual Conduct Convictions in Two Consolidated Cases Due to Improperly Admitted Expert Testimony by Douglas Ankney by Douglas Ankney The Supreme Court of Michigan reversed convictions for criminal sexual conduct in two consolidated cases due to improperly admitted testimony of expert witnesses. Joshua Thorpe was …
Article • November 19, 2019 • from CLN December, 2019
New Law Makes It Harder for California’s Cops to Get Away with Killing People by Douglas Ankney by Douglas Ankney Beginning January 1, 2020, cops in California will be allowed to use deadly force only when the “officer reasonably believes ... that deadly force is necessary to defend against an …
Article • November 19, 2019 • from CLN December, 2019
Filed under: Appeals, Habeas Corpus
Indiana Supreme Court: Postconviction Petition Addressing Only Issues From New Trial, New Sentencing, or New Appeal From Federal Court via Habeas Proceedings Is Not a Second Petition Under State Law by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana held that a postconviction petition that raises only issues …
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