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Second Circuit Declares Police Firearms Examiners Subject to Brady, Examiner Who Failed to Disclose Exculpatory Ballistics Report Not Entitled to Qualified Immunity by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit affirmed the decision of the U.S. District Court for the District of Connecticut …
Article • September 15, 2021 • from CLN October, 2021
Massachusetts Supreme Judicial Court: Withholding Exculpatory Statement Change by Key Witness Constitutes Brady Violation, Requiring New Trial by Matthew Clarke by Matt Clarke The Supreme Judicial Court of Massachusetts held that the prosecution in a first-degree murder (extreme atrocity or cruelty) trial failed to disclose material, exculpatory evidence that a …
Article • September 15, 2021 • from CLN October, 2021
Concealed Exculpatory Evidence and New Palm Print Evidence Frees Wrongfully Convicted Man After 21 Years in Prison by Douglas Ankney by Douglas Ankney In April 2021, Jonathan Smith, Sr. was freed after serving nearly 21 years in prison for a murder he did not commit. Last year, the Maryland Court …
Article • September 15, 2021 • from CLN October, 2021
Seventh Circuit: Prosecutor’s Comments Not Supported by Evidence Denied Defendant Fair Trial, Affirms Habeas Relief by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit held that a prosecutor’s closing comments about the State’s own witness were so harmful to the defendant that it affirmed …
Iowa Supreme Court Announces Brady Standard Applies to Motion for New Trial Based on Withheld Exculpatory Medical Records by Douglas Ankney by Douglas Ankney The Supreme Court of Iowa announced that when deciding a motion for new trial that alleges exculpatory material from medical records was improperly withheld pursuant to …
Article • March 15, 2021 • from CLN April, 2021
Second Circuit: Jury Instructions Regarding Defendant’s Motive to Testify Falsely Improper by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Second Circuit vacated a defendant’s conviction after the U.S. District Court for the Eastern District of New York issued jury instructions that implied the defendant had …
California Court of Appeal Overturns Child Sex Abuse Convictions Based on Prosecution’s Violation of Brady Obligations by Withholding Witness Impeachment Evidence by Matthew Clarke by Matt Clarke The Court of Appeal of California, First Appellate District, reversed a man’s convictions for forcible rape, digital penetration, and misdemeanor battery of a …
Article • March 15, 2021 • from CLN April, 2021
Philadelphia Man Exonerated After Police Cover-Up Exposed by Casey Bastian by Casey J. Bastian On December 16, 2020, Termaine Hicks received what he calls “the best news I’ve heard in all my life.” Hicks learned that, after 19 years in prison for crimes he did not commit, he was finally …
Third Circuit: Brady Claims in Habeas Petitions Timely When Filed Within One Year of Date Reason to Believe Prosecutor Violated Duty To Disclose by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit determined that Dennis v. Sec’y, 834 F.3d 263 (3d Cir. 2016), altered …
Massachusetts Supreme Court Announces Requirement Prosecution Prove Defendant Knew Firearm Was Loaded Applies Retroactively by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts (“SJC”) concluded that the holding in Commonwealth v. Brown, 479 Mass. 600 (2018), which requires the Commonwealth to prove that a defendant knew a …
Third Circuit: No Categorical Ban on Reliability of Recantations as New Evidence by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Third Circuit held that a district court’s “categorical” ban on using a witness’ recantation (and confession to the crime) as new evidence to show actual …
Article • November 15, 2020 • from CLN December, 2020
Massachusetts Supreme Court: Brady Requires Disclosure of Exculpatory Material Revealed During Immunized Testimony Before Grand Jury by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts affirmed an order of a trial judge requiring a district attorney to disclose to defense attorneys details of misconduct by two police …
Fifth Circuit Grants Habeas Relief Because Detective’s Testimony of Witness Identification of Defendant Violates Confrontation Clause by Dale Chappell by Dale Chappell In a case where a prosecutor pulled statements from a detective during testimony before a jury that tied a defendant to the crime – and without that witness …
Wilson v. County of Los Angeles, CA, Settlement Agreement, Wrongful Conviction, 2020 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims ("Agreement") is made and entered into by and between Plaintiff Andrew Wilson ("Plaintiff'), on the one hand, and Defendant County of Los Angeles …
Article • August 28, 2020
Detroit Cops Who Fabricated Evidence to Wrongfully Convict 14-Year-Old Not on Prosecutor’s Brady List by Dale Chappell by Dale Chappell An officer from the Detroit, Michigan, Police Department who fabricated evidence in order to convict a 14-year-old boy of murders he didn’t commit were not on the list of problem …
Article • April 15, 2020 • from CLN May, 2020
‘Constitutional Crisis’ Still Exists Despite California Supreme Court Ruling on Opening Access to Law Enforcement Brady Lists by Dale Chappell by Dale Chappell The latest attempt by the California courts to “harmonize” the state’s brutally secretive police protection statutes with the U.S. Supreme Court’s ruling in Brady v. Maryland, the …
Lindsey v. County of Los Angeles, CA, Settlement Agreement, Employee Litigation, 2020 SETTLEMENT AGREEMENT AND FULL RELEASE OF ALL CLAIMS PART ONE - DEFINITIONS The term, "PLAINTIFFS," when used in this release, means each and every one of the following releasors: (1) Plaintiff CHARLES G. RODRIGUEZ, (2) Plaintiff ROBERT G. …
Wilson v. County of Los Angeles, CA, Complaint, Wrongful Conviction, 2018 se 2:18-cv-05775-KS Document 1 Filed 07/01/18 Page 1 of 75 Page ID # :1 1 BARRETT S. LITT, SBN 45527 Email: blitt@.kmbllaw.com 2 RONALD . KA YE, SBN 145051 Email: rok~kmbllaw.com 3 KEVIN J. aHUE, SBN 237556 KA YE, …
Lindsey v. County of Los Angeles, CA, Complaint, Employee Litigation, 2017 se 2:17-cv-03886-FMO-RAO Document 12 Filed 06/26/17 Page 1 of 29 Page ID #:4 RONALD 0. KA YE, SBN 145051 Email: rok@kmbllaw.com 2 CAITLIN S. WEISBERG, SBN 262779 3 Email: cweisberg@kmbllaw.com 4 KAYE, McLANE, BEDNARSKI & LITT, LLP 234 East …
Publication • May 1, 1988
University of Miami Law Review-The Admissibility of Former Testimony-Defining a Predecessor in Interest, May 1988 University of Miami Law Review Volume 42 Number 4 Volume 42 Issues 4-5 (March-May 1988) Special Topics in the Law of Evidence Article 6 5-1-1988 The Admissibility of Former Testimony Under Rule 804(b)(1): Defining a …
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