Skip navigation
Criminal Legal News

Search

More search options »
75 results
Page 2 of 4. « Previous | 1 2 3 4 | Next »

Massachusetts Supreme Judicial Court Affirms Granting of New Trial in Murder Case Based on IAC Where Counsel Failed to Investigate Exculpatory Evidence Contained in a Proffer and Provided to Counsel P...
Article • May 15, 2023 • from CLN June, 2023
Filed under: Ineffective Assistance of Counsel, New Trial/Judgment of Acquittal, Exculpatory Evidence - Disclosure Obligations
Massachusetts Supreme Judicial Court Affirms Granting of New Trial in Murder Case Based on IAC Where Counsel Failed to Investigate Exculpatory Evidence Contained in a Proffer and Provided to Counsel Prior to Trial by Matthew Clarke by Matt Clarke The Supreme Judicial Court of Massachusetts affirmed the granting of a …
After Years of Hard Work and Dedication, Adnan Syed Is Freed by Serendipity
Article • March 15, 2023 • from CLN April, 2023
Filed under: Wrongful Conviction, Actual Innocence/Claim of Innocence
After Years of Hard Work and Dedication, Adnan Syed Is Freed by Serendipity by Jayson Hawkins by Jayson Hawkins There are thousands of people incarcerated in America who are factually innocent. Until September of 2022, Adnan Syed was one of them. And, while we celebrate his freedom after it was …
Madeline Mendoza Exonerated After Wrongful Conviction for Murder Engineered by Disgraced Former Chicago PD Detective Reynaldo Guevara
Article • February 19, 2023
Filed under: Police Misconduct, Wrongful Conviction, Actual Innocence/Claim of Innocence
Madeline Mendoza Exonerated After Wrongful Conviction for Murder Engineered by Disgraced Former Chicago PD Detective Reynaldo Guevara by Jo Ellen Nott by Jo Ellen Nott In January 2023, a Cook County Illinois judge vacated the wrongful conviction of Madeline Mendoza who served 17 years in prison for a murder she …
Nevada Supreme Court: Trial Court Erred in Denying Motion to Substitute Counsel Where Ample Evidence Showed Counsel Was Unprepared and Motion Timely
Article • February 15, 2023 • from CLN March, 2023
Filed under: Ineffective Assistance of Counsel, Recusal Motions
Nevada Supreme Court: Trial Court Erred in Denying Motion to Substitute Counsel Where Ample Evidence Showed Counsel Was Unprepared and Motion Timely by Harold Hempstead by Harold Hempstead The Supreme Court of Nevada ruled that a trial court erred in denying defendant’s motion to substitute counsel where the record demonstrated …
Seventh Circuit: State Court Decision Not Entitled to AEDPA Deference Due to Incorrect Legal Standard, Pro Se Habeas Petition Granted Based on Trial Counsel’s Failure to Present Expert Witness on Dete...
Article • February 15, 2023 • from CLN March, 2023
Filed under: Expert Witnesses, AEDPA, Ineffective Assistance of Counsel, Per se ineffectiveness
Seventh Circuit: State Court Decision Not Entitled to AEDPA Deference Due to Incorrect Legal Standard, Pro Se Habeas Petition Granted Based on Trial Counsel’s Failure to Present Expert Witness on Determinative Issue of Guilt Resulting in IAC by Jacob Barrett by Jacob Berrett The U.S. Court of Appeals for the …
California Court of Appeal: Right to Withdraw Plea 23 Years After Entered Because Counsel Failed to Properly Advise of Immigration Consequences and Defendant Mistakenly Believed Permanent Resident Sta...
Article • February 15, 2023 • from CLN March, 2023
Filed under: Ineffective Assistance of Counsel, Enforcement of Immigration Laws, Immigration Law/Offenses, Withdrawal
California Court of Appeal: Right to Withdraw Plea 23 Years After Entered Because Counsel Failed to Properly Advise of Immigration Consequences and Defendant Mistakenly Believed Permanent Resident Status Barred Adverse Immigration Consequences by David Reutter by David M. Reutter The Court of Appeal of California, Second Appellate District, ruled that …
Massachusetts Supreme Judicial Court: Ineffective Assistance of Counsel Where Trial Counsel Believed, Erroneously, He Had Ethical Duty to Tell Prosecution Location of Key Incriminating Evidence Not in...
Article • January 15, 2023 • from CLN February, 2023
Filed under: Ineffective Assistance of Counsel, Erroneous Rejection of Challenge, Evidence - Failure to Disclose
Massachusetts Supreme Judicial Court: Ineffective Assistance of Counsel Where Trial Counsel Believed, Erroneously, He Had Ethical Duty to Tell Prosecution Location of Key Incriminating Evidence Not in Counsel’s Possession by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts held that an actual conflict of interest existed that …
Federal Habeas Corpus: How to Raise an Actual Innocence Claim
Article • December 15, 2022 • from CLN January, 2023
Filed under: Habeas Corpus, Actual Innocence/Claim of Innocence
Federal Habeas Corpus: How to Raise an Actual Innocence Claim by Dale Chappell by Dale Chappell Believe it or not, someone proving they’re “actually innocent” of their criminal offense is not enough to win federal habeas corpus relief. That’s because actual innocence, by itself, is not a constitutional violation to …
Fourth Circuit: Coram Nobis Appropriate Remedy to Achieve Justice Where Petitioner Actually Innocent but Completed Sentence
Article • November 15, 2022 • from CLN December, 2022
Filed under: Wrongful Conviction, Actual Innocence/Claim of Innocence, Adequacy of Remedy
Fourth Circuit: Coram Nobis Appropriate Remedy to Achieve Justice Where Petitioner Actually Innocent but Completed Sentence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that coram nobis relief is the appropriate remedy to achieve justice where the petitioner had completed service of …
Sixth Circuit Announces Full, Unconditional Pardon, Regardless of Issue of Innocence, Meets Heck Requirement of Invalidated Conviction; § 1983 Claims May Be Pursued
Article • August 15, 2022 • from CLN September, 2022
Filed under: Wrongful Conviction, Pardons/Clemency, Actual Innocence/Claim of Innocence
Sixth Circuit Announces Full, Unconditional Pardon, Regardless of Issue of Innocence, Meets Heck Requirement of Invalidated Conviction; § 1983 Claims May Be Pursued by Harold Hempstead by Harold Hempstead The U.S. Court of Appeals for the Sixth Circuit held that Heck v. Humphrey, 512 U.S. 477 (1994), does not bar …
Ninth Circuit: IAC for Failure to Engage Mental Health Expert and Testing, State PCR Court’s Decision Contrary to Federal Law and Defective Factfinding, Habeas Relief Granted
Article • May 1, 2022 • from CLN May, 2022
Filed under: Ineffective Assistance of Counsel, Mental Health Experts
Ninth Circuit: IAC for Failure to Engage Mental Health Expert and Testing, State PCR Court’s Decision Contrary to Federal Law and Defective Factfinding, Habeas Relief Granted by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Ninth Circuit held that trial counsel’s failure to obtain a mental …
Nevada Supreme Court: Prisoner’s Claim He Is Now Actually Innocent of Death Penalty Sufficient to Overcome Proce-dural Bars to Habeas Relief
Article • February 15, 2022 • from CLN March, 2022
Filed under: Habeas Corpus, Death Penalty/Death Row, Actual Innocence/Claim of Innocence
Nevada Supreme Court: Prisoner’s Claim He Is Now Actually Innocent of Death Penalty Sufficient to Overcome Proce-dural Bars to Habeas Relief by Douglas Ankney by Douglas Ankney The Supreme Court of Nevada held that Samuel Howard’s claim that he is now actually innocent of the death penalty was sufficient to …
Rutgers University Pioneers New Jersey Innocence Project
Article • February 15, 2022 • from CLN March, 2022
Filed under: Actual Innocence/Claim of Innocence
Rutgers University Pioneers New Jersey Innocence Project by Casey Bastian by Casey J. Bastian  Rutgers University-Camden is the new base of operations for the New Jersey Innocence Project (“NJIP”). Jill Friedman is the associate dean for pro bono and public interest at Rutgers Law School in Camden, as well as …
Kansas Supreme Court: Counsel Ineffective for Failing to Request ‘Voluntary Act’ Jury Instruction in Trial for Rape of Child Younger Than 14 Where Defendant Argued She Was Forcibly Raped by Purported ...
Article • January 15, 2022 • from CLN February, 2022
Filed under: Ineffective Assistance of Counsel
Kansas Supreme Court: Counsel Ineffective for Failing to Request ‘Voluntary Act’ Jury Instruction in Trial for Rape of Child Younger Than 14 Where Defendant Argued She Was Forcibly Raped by Purported ‘Victim’ by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas held that Brooke Dinkel’s trial counsel, Roger …
Montana Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Incorrect Jury Instruction That Lowered State’s Burden of Proof
Article • December 15, 2021 • from CLN January, 2022
Filed under: Ineffective Assistance of Counsel
Montana Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Incorrect Jury Instruction That Lowered State’s Burden of Proof by Douglas Ankney by Douglas Ankney The Supreme Court of Montana held that Kasey Lee Secrease’s trial attorneys were ineffective under both the U.S. and Montana Constitutions for failing …
Nevada Supreme Court Reverses Denial of Motion to Withdraw Guilty Plea Because Defendant Had Strong Argument for Speedy Trial Violation and Colorable Claim of IAC
Article • December 15, 2021 • from CLN January, 2022
Filed under: Ineffective Assistance of Counsel, Speedy Trial, Rejection
Nevada Supreme Court Reverses Denial of Motion to Withdraw Guilty Plea Because Defendant Had Strong Argument for Speedy Trial Violation and Colorable Claim of IAC by Douglas Ankney by Douglas Ankney The Supreme Court of Nevada reversed the district court’s denial of Kevin Sunseri’s motion to withdraw his guilty plea …
Texas Man Positively Identified by Six Eyewitnesses and Sentenced to Life Granted Actual Innocence Relief as Result of DNA Evidence
Article • November 15, 2021 • from CLN December, 2021
Filed under: DNA Testing/Samples, Actual Innocence/Claim of Innocence
Texas Man Positively Identified by Six Eyewitnesses and Sentenced to Life Granted Actual Innocence Relief as Result of DNA Evidence by Casey Bastian by Casey J. Bastian Aaron Scheerhoorn was stabbed to death outside a Houston bar in 2010. During the investigation, multiple witnesses told detectives an unknown Black man …
Maine Supreme Judicial Court Reverses Denial of Suppression Motion and Vacates Murder Conviction
Article • November 15, 2021 • from CLN December, 2021
Filed under: Unjust Conviction Statute, Motions To Suppress
Maine Supreme Judicial Court Reverses Denial of Suppression Motion and Vacates Murder Conviction by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Maine reversed the denial of Bruce Akers’ motion to suppress and vacated his murder conviction. On June 9, 2016, Akers called the local sheriff’s office and …
SCOTUS Reinstates Death Sentence Reversed by Eleventh Circuit
Article • October 15, 2021 • from CLN November, 2021
Filed under: Death Penalty/Death Row, Ineffective Assistance of Counsel
SCOTUS Reinstates Death Sentence Reversed by Eleventh Circuit by Matthew Clarke by Matt Clarke The Supreme Court of the United States reinstated the death sentence of an Alabama man who had been convicted of murder. The Eleventh Circuit had reversed, in part, the conviction based on the incorrect claim that …
Mississippi Supreme Court: Failure to Timely File Motion to Suppress Confession Obtained as Result of Police Threats and Promises Constitutes Ineffective Assistance of Counsel
Article • September 15, 2021 • from CLN October, 2021
Filed under: Ineffective Assistance of Counsel, Speedy Trial Clock - Tolling of
Mississippi Supreme Court: Failure to Timely File Motion to Suppress Confession Obtained as Result of Police Threats and Promises Constitutes Ineffective Assistance of Counsel by Matthew Clarke by Matt Clarke The Supreme Court of Mississippi held that a defendant’s trial counsel was ineffective for failing to timely object to the …
Page 2 of 4. « Previous | 1 2 3 4 | Next »