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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 …
Article • November 18, 2019 • from CLN December, 2019
Filed under: Jury Instructions
Ninth Circuit Reverses Convictions Where Trial Court Failed to Provide Oral Jury Instructions by Chad Marks by Chad Marks The U.S. Court of Appeals for the Ninth Circuit ruled that the district court’s failure to provide oral jury instructions on the applicable substantive law constitutes structural error requiring reversal of …
Article • November 18, 2019 • from CLN December, 2019
Filed under: Settlements, Wrongful Death
$2.4 Million Paid by Sacramento in Wrongful Death Suit of Stephon Clark by Kevin Bliss by Kevin Bliss Two Sacramento, California, police officers, Terrance Mercadal and Jared Robinet, fatally shot Stephon Clark on March 18, 2018, amid accusations of racial profiling and excessive use of force. The District Attorney (“DA”) …
Article • November 16, 2019 • from CLN December, 2019
Massachusetts Supreme Court Suppresses Evidence Obtained Following Illegally Prolonged Traffic Stop, Orders New Trial by Douglas Ankney by Douglas Ankney The Supreme Judicial Court vacated the convictions of Paulos Tavares, ruling that the trial court failed to suppress evidence that was obtained as the result of an officer extending a …
Article • October 16, 2019 • from CLN November, 2019
Filed under: junk science
Forensic Science: Reliable and Valid? by Jayson Hawkins by Jayson Hawkins The headlines have become too familiar: DNA shows wrong person imprisoned for decades-old crime.  Over 300 people have been exonerated by DNA evidence, and that number will only continue to rise as more cases are scrutinized. That begs the …
Article • October 16, 2019 • from CLN November, 2019
Filed under: junk science
Faulty Science Still Admissible Evidence in Many States by Kevin Bliss by Kevin Bliss More than 40 percent of wrongful convictions are based on faulty forensic science, according to the Innocence Project, which works to help exonerate prisoners it believes have been wrongfully convicted. The nonprofit has been responsible for …
Article • October 16, 2019 • from CLN November, 2019
Filed under: Appeals
Third Circuit Announces New Rule for Amending § 2255 Motions on Appeal by Dale Chappell by Dale Chappell In a ruling that further divides the circuits on how and when a motion under 28 U.S.C. § 2255 can be amended, the U.S. Court of Appeals for the Third Circuit held …
Article • October 16, 2019 • from CLN November, 2019
Filed under: Attorneys, Trials
10th Circuit: District Court Must Ensure When Defendant Waives Right to Counsel He Understands He’s Required to Adhere to Federal Procedural and Evidentiary Rules by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit ruled that a district court must ensure that when a criminal …
Article • October 16, 2019 • from CLN November, 2019
Ninth Circuit Rules IAC for Failure to Investigate Mitigating Evidence During Penalty Phase of Capital Trial by Anthony Accurso by Anthony Accurso  The U.S. Court of Appeals for the Ninth Circuit held the California Supreme Court was objectively unreasonable when it denied defendant’s claim that his lawyer provided ineffective assistance …
Publication • October 15, 2019
Filed under: Depositions
The Use of Depositions From Other Cases to Prove Pattern and Practice, Oct. 2019 Home Firm Overview Attorneys Practice Areas Contact  Previous Free Consultation Case Results Blog (833) 678-5050 (415) 678-5050 Next  The Use of Depositions From Other Cases to Prove Pattern and Practice By DL Law Group …
Article • October 14, 2019 • from CLN November, 2019
Filed under: Appeals
Seventh Circuit Reverses Convictions Under 18 U.S.C. § 924(c); Holds Underlying Offenses Do Not Qualify as ‘Crimes of Violence’ by Matthew Clarke by Matt Clarke  The U.S. Court of Appeals for the Seventh Circuit reversed the convictions of two federal prisoners who had been found guilty of using and discharging …
Article • October 14, 2019
Filed under: DNA Testing/Samples, Juries
Lack of Academic Research in U.S. on Secondary DNA Transfer Affects Criminal Defendants by Steve Horn by Steve Horn The ivory tower of academia. It’s seemingly quite a long distance from the real-world implications of the U.S. criminal justice system’s often brutal iron fist.  It’s a place in which professors …
Article • September 17, 2019 • from CLN October, 2019
Michigan Will Pay $1.5 Million to Longest Serving Exonerated Prisoner by Bill Barton by Bill Barton Richard Phillips, a Michigan man who was wrongfully incarcerated for 46 years before being exonerated in spring 2018, will receive a settlement of $1.5 million from the state, more than a year after he …
Article • September 17, 2019 • from CLN October, 2019
Filed under: Appeals, Sentencing
Ninth Circuit Announces that District Court Cannot Sua Sponte Raise Waiver as Ground to Dismiss Motion for Sentence Reduction by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Ninth Circuit announced that a district court cannot sua sponte raise a …
Article • September 17, 2019 • from CLN October, 2019
Filed under: Appeals, Sentencing, Parole
Maryland Court of Appeals: Sentence Imposed on Remand That Is of Equal Maximum Length as Former Sentence but With Longer Term Before Parole Eligibility Is ‘More Severe’ by Douglas Ankney by Douglas Ankney The Court of Appeals of Maryland held that where a circuit court imposed on remand a sentence …
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