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Article • June 18, 2018 • from CLN July, 2018
New Mexico Supreme Court Reverses Convictions Based on Double Jeopardy Violations by Christopher Zoukis by Christopher Zoukis The Supreme Court of New Mexico reversed a defendant’s convictions for shooting at a dwelling resulting in death or great bodily harm and conspiracy to shoot at a dwelling based on a violation …
Article • June 18, 2018 • from CLN July, 2018
Filed under: Wrongful Conviction
Virginia Supreme Court Grants Relief Under Revised Actual Innocence Statute by Dale Chappell by Dale Chappell The change of a single word in Virginia’s actual innocence statute “fundamentally changed the nature” of actual innocence inquiries, the Supreme Court of Virginia announced, finding a petitioner proved his actual innocence under the …
Article • June 18, 2018 • from CLN July, 2018
Filed under: Attorney Client
Colorado High Court Clarifies Crime-Fraud Exception to Attorney-Client Privilege by Dale Chappell by Dale Chappell In a case of first impression, the Supreme Court of Colorado held February 5, 2018, that a party seeking to invoke the crime-fraud exception to the attorney-client privilege must demonstrate “probable cause” that a crime …
Article • June 18, 2018
The Dominant Witness Theory: How Eyewitness Identification Becomes Flawed by Brian Leslie by Brian Leslie Eyewitness interviews are a vital part of any criminal investigation. How police approach, question, and vet witnesses can be a critical factor in why they target a specific suspect. The truth is many police agencies, …
Article • June 18, 2018
Filed under: Attorneys, Sixth Amendment
SCOTUS: Sixth Amendment Right to Autonomy — Attorney Cannot Overrule Client’s Decision to Assert Innocence at Trial by Richard Resch by Richard Resch On May 14, 2018, the Supreme Court of the United States (“SCOTUS”) issued a major decision affirming criminal defendants’ Sixth Amendment right to assert their innocence at …
Article • June 18, 2018 • from CLN July, 2018
Filed under: Appeals, Limitations
Florida Supreme Court Announces SOL Defense Must be Raised at Trial to Preserve Issue for Direct Appeal by Richard Resch by Richard Resch In an April 12, 2018 opinion, the Supreme Court of Florida announced that a statute of limitations (“SOL”) defense must be raised in the trial court in …
Article • June 18, 2018 • from CLN July, 2018
California Supreme Court Vacates Conviction and Death Sentence After Experts Recant Testimony by Dale Chappell by Dale Chappell The Supreme Court of California granted a writ of habeas corpus and vacated a first-degree murder conviction and death sentence after several of the experts who testified at trial recanted their testimony …
Article • June 18, 2018 • from CLN July, 2018
Filed under: Criminal Procedure
Colorado Supreme Court: ‘Entry of Judgment’ for New Trial Motion Means Both Conviction and Imposition of Sentence by Dale Chappell by Dale Chappell “Entry of judgment” for purposes of a motion for new trial under Criminal Procedure Rule 33(c) means the finding of guilt and the imposition of a sentence, …
Article • June 17, 2018 • from CLN July, 2018
Filed under: Defenses, Mental Health
Vermont Supreme Court: Defendant Cannot be Compelled to Submit to Competency Evaluation by State’s Expert by David Reutter by David Reutter The Supreme Court of Vermont held that the State may not compel a defendant to submit to a competency evaluation conducted by a mental-health expert of the State’s choosing …
Article • June 17, 2018 • from CLN July, 2018
Ninth Circuit: California Carjacking Not a Crime of Violence Post-Johnson by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Ninth Circuit ruled on January 29, 2018, that California’s carjacking law, Penal Code § 215(a), no longer constitutes a crime of violence under 8 U.S.C. § …
Article • June 17, 2018 • from CLN July, 2018
Ohio Supreme Court: Prisoner Entitled to Results of Post-Conviction DNA Profile by Matthew Clarke by Matt Clarke On March 6, 2018, the Supreme Court of Ohio held that the State must provide a prisoner the DNA profile created after his application for post-conviction DNA testing of crime-scene evidence was granted. …
Article • June 17, 2018 • from CLN July, 2018
No Increase in Murder Rate for Civilians or Police Following Abolition of Death Penalty by Matthew Clarke by Matt Clarke The transcript of a panel discussion titled “Life After the Death Penalty: Implications for Retentionist States,” presented by the Committees on Capital Punishment of the American Bar Association Section of …
Article • June 17, 2018 • from CLN July, 2018
Execution Numbers Down in 2017 by Christopher Zoukis by Christopher Zoukis The number of death row sentences handed out across the country is in decline. Despite this trend, death rows remain crowded. This is the result of a similar, but somewhat unrelated shift: Executions are also in a state of …
Article • June 17, 2018 • from CLN July, 2018
Minnesota Supreme Court: Prisoner Entitled to Appointed Attorney for One Review of Conviction, Even When It’s Not a Direct Appeal by Christopher Zoukis by Christopher Zoukis The Supreme Court of Minnesota ruled that a convicted defendant is entitled to appointed counsel, pursuant to statute, for one review of his or …
Article • June 17, 2018 • from CLN July, 2018
Web-Based Database Exposes Depth and Breadth of Police Criminality by Derek Gilna by Derek Gilna The launch of the Henry A. Wallace Police Crime Database in September of 2017 puts at the public’s disposal, through a simple web search, all crimes committed by non-federal sworn police officers. The database contains …
Sixth Circuit: Statute of Limitations for § 1983 Claim Accrues When Criminal Proceedings are Terminated by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Sixth Circuit ruled on March 15, 2018, that a claim for prosecutorial misconduct, brought by a wrongfully convicted defendant, does not …
Article • June 16, 2018 • from CLN July, 2018
DOJ: Police Shooting Family Dogs has Become ‘Epidemic’ by Dale Chappell by Dale Chappell Cops in this country kill so many dogs each year that a specialist at the Department of Justice’s (“DOJ”) community-oriented program services office says it has become an “epidemic.” The DOJ estimates that around 25 to …
Article • June 16, 2018 • from CLN July, 2018
New Mexico Supreme Court Holds SCOTUS Prohibition Against Warrantless Blood Tests in DWI Cases Applies Retroactively by Matthew Clarke by Matt Clarke On October 5, 2017, the Supreme Court of New Mexico held that an impaired driver generally could not be subject to criminal penalties for refusing to submit to …
Article • June 16, 2018 • from CLN July, 2018
S.C. Supreme Court Rules Counsel’s Failure to Recognize Ex Post Facto Issue in Advising Defendant to Accept Plea Deal Constituted IAC by Dale Chappell by Dale Chappell The Supreme Court of South Carolina found that counsel’s advice to a defendant to take a plea deal to avoid the State’s threat …
Article • June 16, 2018 • from CLN July, 2018
Alabama’s Most Populous County Reaches Bail Reform Settlement, But Problems Could Persist by Steve Horn by Steve Horn Jefferson County, the most populous county in Alabama, reached a Resolution Agreement on April 6 with the U.S. Department of Justice and the group Equal Justice Under Law in response to a …
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