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Article • June 17, 2019 • from CLN July, 2019
Ohio Supreme Court: Plea Defendant Must Be Informed of Maximum Penalty for Postrelease-Control Violation Prior to Pleading Guilty to a New Felony by David Reutter by David Reutter The Supreme Court of Ohio held that a plea court must “advise a criminal defendant on postrelease control for a prior felony, …
Article • June 17, 2019 • from CLN July, 2019
Kansas Supreme Court: Correcting Illegal Sentence After Fully Served Violates Prohibition Against Double Jeopardy by Matthew Clarke by Matt Clarke In a case of first impression, the Supreme Court of Kansas held it was double jeopardy to correct the sentence of a man who was convicted of aggravated sexual battery—to …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Self Incrimination
Forced Self-Incrimination by Larry N. by Larry N., NARSOL Maybe authorities will finally accept that the Fifth Amendment of the United States Constitution really protects individuals from compelled self-incrimination. At least it does in the state of Indiana, according to the United States Court of Appeals for the Seventh Circuit. …
Article • June 17, 2019 • from CLN July, 2019
Second Circuit Rules District Court Improperly Denied Coram Nobis Petition Claiming Ineffective Assistance of Counsel by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit ruled that the district court erred in denying a writ of error coram nobis that claimed ineffective assistance of counsel …
Forced Self-Incrimination by Larry N. by Larry N., NARSOL Maybe authorities will finally accept that the Fifth Amendment of the United States Constitution really protects individuals from compelled self-incrimination. At least it does in the state of Indiana, according to the United States Court of Appeals for the Seventh Circuit. …
Article • May 15, 2019 • from CLN June, 2019
NJ Supreme Court: Failure to Advise Suspect of Pending Charges Before Waiver of Right Against Self-Incrimination Requires Suppression of Statements by Douglas Ankney by Douglas Ankney The Supreme Court of New Jersey ruled that when police obtain a suspect’s waiver of his right not to incriminate himself before informing the …
$25,000 Settlement Over Connecticut False Arrest and Malicious Prosecution Claims by Mark Wilson by Mark Wilson The City of Norwalk, Connecticut, paid $25,000 to settle false arrest and malicious prosecution claims against a Norwalk Police Department (NPD) detective. On October 3, 2013, Robert Ragsdale complained to the NPD that he …
$160,000 Paid by Norwalk, Connecticut, to Settle Police Beating of COPD Patient by Mark Wilson by Mark Wilson The City of Norwalk, Connecticut, paid $160,000 to settle false arrest and excessive force claims against several Norwalk Police Department (“NPD”) officers. At about 5:40 a.m., on September 8, 2011, William Irwin …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Evidence, Search warrants
Fourth Circuit: Unreasonable Post-Seizure Delay in Obtaining Warrant Requires Suppression of Evidence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that a 31-day delay in obtaining a search warrant after seizing a defendant’s cellphone, without reasonable justification, violates the Fourth Amendment and …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Guilty Pleas, Suit Waivers
California Supreme Court Rules That Defense Counsel Can’t Agree to Stipulation That’s Tantamount to Guilty Plea Without Voluntary and Intelligent Waiver by Defendant by Derek Gilna by Derek Gilna The bedrock principle of criminal defense is to force the prosecution to prove its case against his client, but in the …
Article • April 12, 2019 • from CLN May, 2019
Q&A;: Ineffective Assistance of Counsel: Which Errors Are Worth Pursuing? by Brandon Sample, Dale Chappell by Brandon Sample, Esq., and Dale Chappell Question: I think my lawyer represented me poorly. How do I know if I have a claim of ineffective assistance of counsel? Perhaps the most common question after …
Article • April 12, 2019 • from CLN May, 2019
Plea Bargaining: Prosecutors Leave Trail of Injustice When Playing Hardball with Defendants by David Reutter by David Reutter To fight against government tyranny in the criminal justice system, America’s Founding Fathers enshrined into the Constitution the “right to a speedy and public trial, by an impartial jury.” Plea bargains, however, …
Article • February 14, 2019 • from CLN March, 2019
Texas Court of Criminal Appeals Clarifies Proper Evidentiary Standard and Type of Evidence for Informal Competency Hearing by Christopher Zoukis by Christopher Zoukis The Court of Criminal Appeals of Texas reversed a trial court’s refusal to grant a criminal defendant a formal competency evaluation, finding that the trial court and …
Article • January 18, 2019 • from CLN February, 2019
Filed under: Guilty Pleas, Sentencing
Minnesota Supreme Court Clarifies Rule Against Judicial ‘Participation’ in Plea Negotiations by Dale Chappell by Dale Chappell The Supreme Court of Minnesota clarified the rule barring judicial “participation” in plea negotiations, overturning decades of decisions by the court of appeals, which had applied the wrong rule of law in such …
Article • December 31, 2018 • from CLN January, 2019
Fee to Plead Guilty Burdens Indigent Defendants in Pennsylvania by Dale Chappell by Dale Chappell A woman in Cumberland County, Pennsylvania, pleaded guilty to stealing $25 in merchandise in 2016. It cost her almost $600 to plead guilty. A man in Fairview Township, Pennsylvania, pleaded guilty to possession of a …
Scottish Psychologist’s Study Focuses On Why the Innocent May Confess to Crimes by Derek Gilna by Derek Gilna Dr. Faye Skelton of Napier University in Edinburgh, Scotland, has published a report detailing the tendency of some individuals to confess to crimes they did not commit. She noted that research from …
Article • December 29, 2018 • from CLN January, 2019
Ninth Circuit Rules California Robbery Not a ‘Crime of Violence’ in Light of Dimaya and Allows Withdrawal of Guilty Plea by David Reutter by David Reutter The U.S. Court of Appeals for the Ninth Circuit held a defendant was entitled to withdraw his guilty plea to a charge of illegally …
The Power of the Prosecutor: A Personal Account by Ashley Sawyer by Ashley Sawyer, Campaign for Smart Justice Consultant, ACLU of Vermont Have you ever watched an episode of “Law & Order”? The creators do an amazing job of dramatizing the court process. The characters playing the prosecutors are always …
Article • August 20, 2018 • from CLN September, 2018
Filed under: Guilty Pleas
New Jersey Appellate Division Extends Urbina Self-Defense Rule to Defense of Others in Plea Allocution by David Reutter by David Reutter The Superior Court of New Jersey Appellate Division held that a defendant was entitled to post-conviction relief (“PCR”) based on his claim that his guilty plea was involuntary due …
Article • August 20, 2018 • from CLN September, 2018
First Circuit Holds Appeal Not Barred by Plea Agreement Waiver Provision When Sentence Exceeds Agreement by David Reutter by David Reutter The United States Court of Appeals for the First Circuit held a plea agreement’s appellate waiver provision did not bar an appeal where the district court imposed a home …
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