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Article • September 17, 2019 • from CLN October, 2019
Delaware Supreme Court: Where Defendant Competent to Plead ‘Guilty but Mentally Ill,’ He May Revoke Plea Before It Is Accepted by Anthony Accurso by Anthony Accurso The Supreme Court of the State of Delaware held that when a defendant has been declared competent to plead guilty he retains the right …
Article • September 17, 2019 • from CLN October, 2019
Filed under: Attorneys, Appeals
First Circuit Rules Appeal Waiver Does Not Relieve Counsel of Duty to Consult About an Appeal by Dale Chappell by Dale Chappell In a case applying a newly minted U.S. Supreme Court decision, the U.S. Court of Appeals for the First Circuit held that an appeal waiver in a plea …
Article • September 17, 2019 • from CLN October, 2019
Fifth Circuit Announces that Categorical Approach Applied to SORNA Doesn’t Permit Circustance-Specific Inquiry Into Offender/Victim Age Differential by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Fifth Circuit held that the text of the Sexual Offense Registration and Notification Act …
Article • September 17, 2019 • from CLN October, 2019
Filed under: Appeals, Sentencing
Seventh Circuit Announces That More Than Psychological Coercion Required to Trigger § 2B3.1(b)(4)(B) Sentencing Enhancement, Disapproving Prior Holdings to the Contrary by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit announced that something more than psychological coercion is required before a sentencing court can …
Article • September 16, 2019 • from CLN October, 2019
Filed under: Appeals
Eleventh Circuit Holds Time on Appeal Counts When Considering If Sentence Was Imposed Under Residual Clause by Dale Chappell by Dale Chappell In a case that may have lowered one of the hurdles erected by the U.S. Court of Appeals for the Eleventh Circuit to stop the flow of relief …
Article • September 16, 2019 • from CLN October, 2019
Filed under: Appeals
Fourth Circuit Holds Appeal Waiver Does Not Preclude Retroactive ACCA Claim by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fourth Circuit held that retroactive ACCA claims are not barred by a defendant’s appeal waiver, and defendant’s 1976 Georgia burglary conviction is no longer a valid …
Article • September 16, 2019 • from CLN October, 2019
Third Circuit Rules Lower Courts Abused Discretion When They Failed to Conduct Evidentiary Hearing on Brady Claim and on Conflict of Interest Claim by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit ruled that the Superior Court abused its discretion when it failed to …
Article • September 16, 2019 • from CLN October, 2019
9th Circuit Finds IAC for Failure to Investigate Mitigating Factors During Penalty Phase of Capital Case by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Ninth Circuit vacated and remanded the defendant’s death sentence for first-degree murder because defense counsel failed to investigate mitigating evidence of …
Filing • August 22, 2019
HRDC v Winn, MI DOC censorship suit, complaint 2019 Case 2:19-cv-12470-MFL-DRG ECF No. 1 filed 08/22/19 PageID.1 Page 1 of 36 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN HUMAN RIGHTS DEFENSE CENTER, ) ) Plaintiff, ) ) vs. ) ) O’BELL WINN, in his official …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Trials
Minnesota Supreme Court Clarifies That State Has Burden to Prove Competency to Stand Trial by Dale Chappell by Dale Chappell The State and not the defendant has the burden to prove that a defendant is competent to stand trial, the Supreme Court of Minnesota held, clarifying the rule on the …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Consent Decrees, DUI
Vermont Supreme Court Rules DUI Breath Test Subject to Voluntariness Challenge Despite Implied Consent Law by Mark Wilson by Mark Wilson The Supreme Court of Vermont held that the state’s implied consent statute does not bar a voluntariness challenge to a breath test. Every person who operates a motor vehicle …
Article • August 20, 2019 • from CLN September, 2019
Filed under: Trials
Colorado Supreme Court Announces That the People Cannot Withdraw From a Plea Agreement After the Trial Court Rejects Stipulated Sentence by Douglas Ankney by Douglas Ankney The Supreme Court of Colorado announced that the People cannot withdraw from a plea agreement after the trial court accepts the defendant’s guilty plea …
Filing • August 14, 2019
HRDC v. Sandoval County, NM, Complaint, Public Records, 2019 FILED 13th JUDICIAL DISTRICT COURT Sandoval County 8/14/2019 3:58 PM PHILLIP A ROMERO CLERK OF THE COURT KB D-1329-CV-2019-01797
Brief • August 6, 2019
McCarvey v. County of Los Angeles, CA, Summons and Complaint, Negligence (Motor Vehicle), 2019 19AVCV00567 • ~ FILED by Superlo, Court of Calllomla, County 01 Loa Angeles on 08/00/2019 IM:38 PM S!eni R. CartM, Elceolliw Offlcen'OIO!l of Coun, by J. Zlegler,Oeputy Clerk . SUMMONS SUM-10[ '°' ~uu •"· .. 80Af; …
Article • July 30, 2019
Scientific Experts Urge Forensic Experts to Be More Objective by Dale Chappell by Dale Chappell Scientific experts have long relied on objectivity to reach conclusions—the ability to prove repeatedly the outcome of an analysis no matter who’s doing the analysis. Forensics experts, on the other hand, have long relied on …
Filing • July 18, 2019
HRDC v. New York Department of Corrections, NY, Verified Petition, FOIA Request, 2019
Article • July 17, 2019 • from CLN August, 2019
$21 Million Settlement for Wrongfully Convicted Man Released After 39 Years in Prison by Douglas Ankney by Douglas Ankney Simi Valley, California, and a wrongfully convicted man who spent nearly four decades in prison have reached a $21 million settlement. Craig Coley was convicted of the 1978 murders of Rhonda …
$270,000 Awarded to Grandmother Brutalized by Pennsylvania Cops by Edward Lyon by Ed Lyon  Peacefully sleeping the night away, grandmother Charlene Klein was rudely awakened by Allentown, Pennsylvania, cops beating on her door on May 2, 2016. A law-abiding citizen, she opened her front door in response to the Knights …
Article • July 16, 2019 • from CLN August, 2019
Court Reporters Likely Fail to Accurately Transcribe Testimony for Speakers of ‘African American English’ by Anthony Accurso by Anthony Accurso  A recent Vice.com article draws attention to a pioneering study that concludes court reporters exhibit low proficiency with African American English (“AAE”), and that the problem results in a systemic …
Article • July 7, 2019
Idaho: ACLU Files Suit That Reveals Officials Misled Public About Costs Associated With Executions In State by Chad Marks by Chad Marks  The ACLU of Idaho brought a lawsuit after the Idaho Department of Corrections refused to turn over execution-related records to a University of Idaho law professor. Law professor …
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