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Article • May 1, 2022 • from CLN May, 2022
Colorado Supreme Court Announces Parents’ Income That’s Unavailable to Defendant Who Lives With Them Expense-Free Not Included in Indigency Determination for Court-Appointed Counsel by Matthew Clarke by Matt Clarke In a case of first impression, the Supreme Court of Colorado announced that when calculating financial means to hire an attorney …
Article • December 15, 2021 • from CLN January, 2022
Who Defends the Public Defenders? by Jayson Hawkins by Jayson Hawkins The Sixth Amendment to the U.S. Constitution offers a guarantee of the assistance of an attorney when accused of a crime. This guarantee has become a trope in countless movies and TV shows where suspects are advised: “If you …
Article • October 15, 2021 • from CLN November, 2021
Study Shows Public Defenders Outperform Court Appointed Private Attorneys by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Defendants, put your checkbooks away. The age-old assumption that private defense attorneys provide a more comprehensive and effective defense than do public defenders may simply not be true. A February 2021 analysis initiated …
Article • August 15, 2021 • from CLN September, 2021
Should Public Defenders Be Tweeting? by Anthony Accurso by Anthony Accurso New York’s public defender community is gaining popularity on Twitter by telling stories from their perspective on the criminal justice system, especially when highlighting flaws and injustices. However, there is vocal criticism whether they are crossing a line in …
Wyoming Supreme Court: District Court Abused Discretion by Granting State’s Dismissal of Charges Without Prejudice and Refiling to Gain Tactical Advantage, Remands for Dismissal With Prejudice by Douglas Ankney by Douglas Ankney The Supreme Court of Wyoming ruled that a district court abused its discretion when it dismissed without prejudice …
Washington Supreme Court Announces Misconduct of Petitioner’s Own Counsel Can Be Basis for Equitable Tolling in Habeas Proceeding by Douglas Ankney by Douglas Ankney In a case of first impression in the Supreme Court of Washington, the Court, sitting en banc, adopted the federal standard enunciated in Lawrence v. Florida, …
Article • December 15, 2020 • from CLN January, 2021
Illinois Law Firm Offers Web Application to Help Automate Expungement by Douglas Ankney by Douglas Ankney Legal Aid Chicago and Chapman and Cutler LLP launched a web application to help expedite the process of clearing criminal records of offenses that are eligible for expungement and sealing. The Legal Aid Chicago …
Article • May 15, 2020 • from CLN June, 2020
Filed under: Attorney Misconduct
Notorious Louisiana Prosecutor Fired for Misconduct Technicality by Edward Lyon by Ed Lyon Jason Brown was a ‘lock ‘em up tight and throw away the key’ type. One of the most disliked prosecutors in Caddo Parish, Louisiana, history, he was a hard-charging and inflexibly tough prosecutor who pushed for maximum …
Article • April 15, 2020 • from CLN May, 2020
Hawaii Lawmakers Propose Transparency from Prosecutors by David Reutter by David M. Reutter Prosecutors are the “most powerful actors in the criminal justice system” proclaims Hawaii House Bill 2749. That bill would follow the lead of Florida, Colorado, and Arizona in increasing transparency into court proceedings. A Texas A&M Law …
Brief • March 24, 2020
Filed under: Prosecutors, Money/Property
Michigan v. Smith, MI, Felony Complaint, Prosecutors Public Integrity Crimes, 2020 /"'\ DISTRICT: CIRCUIT: MSP# 010-0000169-19 STATE OF MICHIGAN 418 JUDICIAL DISTRICT 16TH JUDICIAL CIRCUIT COMPLAINT District Court ORI: Ml500045J 22380 Starks Drive, Clinton Township, Ml 48036 Circuit Court ORI: Ml500015J 40 N. Main, Mount Clemens, Ml 48043 586-469-9300 586-469-5208 …
Article • March 18, 2020 • from CLN April, 2020
NYC Drug Prosecutor Bucks Trend of Releasing List of Cops with Credibility Issues by Douglas Ankney by Douglas Ankney Through the Freedom of Information Law, communications, memos, and correspondence were obtained that reveal the Office of the Special Narcotics Prosecutor’s (“OSNP”) database has information flagging police officers with potential credibility …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Prosecutors
Jury Nullification as a Cure for Prosecutorial Overreach by Anthony Accurso by Anthony Accurso An article published by ProsecutorialAccountability.com seeks to educate the public about the history of jury nullification and how reversing statutes and case law that prevent juries from knowing a defendant’s possible sentence could help curb prosecutorial …
Article • March 18, 2020 • from CLN April, 2020
Reform-Minded Prosecutors Use Charging Discretion to Benefit Communities by Anthony Accurso by Anthony Accurso  Now that the nation is evolving from “tough on crime” to “smart on crime” tactics, reform-minded prosecutors are making big changes by exercising their discretion on how and when to prosecute low-level offenders.  At the highest …
Article • March 18, 2020 • from CLN April, 2020
Louisiana Supreme Court: When an Identified Attorney Seeks to Assist a Person in Custody and Police Fail to Inform the Person, Inculpatory Statements Must Be Suppressed by Douglas Ankney by Douglas Ankney The Supreme Court of Louisiana reaffirmed that the law of Louisiana requires law enforcement to inform a person …
Article • March 18, 2020 • from CLN April, 2020
Ninth Circuit Orders Habeas Relief After California Concedes Conviction Should Be Overturned Due to Defense Counsel’s ‘Virulent Racism’ by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit reversed the district court’s denial of Ezzard Charles Ellis’ petition for a writ of habeas corpus and …
Article • February 19, 2020 • from CLN March, 2020
DA’s Office Files Bar Complaint on Its Own Former Prosecutor by Anthony Accurso by Anthony Accurso The Santa Fe, New Mexico, District Attorney’s Office submitted a formal complaint to the state’s Bar Association alleging that former prosecutor Jason Lidyard (who is now a district court judge) intentionally withheld exculpatory evidence …
Article • February 19, 2020 • from CLN March, 2020
Critics Claim Thin Blue Line Protects Cops and Prosecutors in Orange County, California by Bill Barton by Bill Barton At about 6 a.m., August 19, 2018, Orange County police officer Michael Devitt yanked Mohamed Sayem from his Jeep and punched him several times in the face and stomach, an incident …
Article • February 19, 2020 • from CLN March, 2020
Filed under: Prosecutors
Prosecutors Transform Due Process into ‘Dues Processed’ by Douglas Ankney by Douglas Ankney Criminal justice reform advocates often espouse pretrial diversion programs. These programs permit accused citizens to pay a fee and take a class or two in exchange for dismissal of the charges and a clean record. The prosecutor …
Article • February 19, 2020 • from CLN March, 2020
Federal Prosecutor’s Office in Kansas Considers It Acceptable to Listen to Attorney-Client Conversations by Kevin Bliss by Kevin Bliss United States District Court Judge Julie Robinson released a 188-page opinion August 13, 2019, holding the Kansas branch of the U.S. Attorney’s Office (“USAO”) in contempt for deliberate obfuscation and misrepresentation …
Article • February 19, 2020 • from CLN March, 2020
Second Circuit Holds Appointment of Counsel for Direct Appeal Not Subject to Frivolousness Rule by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Second Circuit held in forma pauperis (“IFP”) “motions on direct criminal appeals are not subject to a merits determination under [28 U.S.C.] Section …
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