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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 …
Article • July 7, 2019
Groups Challenge Face Recognition Algorithm in Florida Case by Kevin Bliss by Kevin Bliss The ACLU, the Electronic Frontier Foundation, the Georgetown Center on Privacy and Technology, and the Innocence Project have teamed up to battle the Florida court system over the constitutional right to confront a defendant’s accuser when …
PLN v. Cook County, IL, Settlement, Censorship, 2018
Article • June 22, 2019
Study Questions the Reliance on Comparison Testimony at Trial by Dale Chappell by Dale Chappell  The FBI admitted that its hair-sample analysts were wrong 95 percent of the time when comparing hair samples in approximately 3,000 cases. This included 32 death penalty cases. A 2012 study by the Pennsylvania Innocence …
Ohio Mayor’s Courts Are Huge Sources of Unjust Revenues by Edward Lyon by Ed Lyon U.S. jurisprudence generally strives to avoid conflicting interests and even the appearance of impropriety. This practice apparently does not apply to the system of mayor’s courts in Ohio. Reminiscent of ancient Star Chamber of England, …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Trials
D.C. Circuit Holds Expert’s False Testimony ‘Material,’ Allowing Challenge to Four-Decade-Old Murder Conviction by Dale Chappell by Dale Chappell The Government’s key expert’s false hair-comparison testimony that likely swayed a jury to convict was held to be “material” because it was the primary piece of evidence to contradict the defense …
Article • June 17, 2019
Filed under: Trials
New Jersey Supreme Court Holds Months-Long Delay Between Interrogations Not a ‘Break in Custody’ to Avoid Miranda Rights for Pretrial Detainee by Dale Chappell by Dale Chappell Concluding that there is a difference between those in prison and those in pre-trial detention, the Supreme Court of New Jersey held that …
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