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Article • June 15, 2020 • from CLN July, 2020
Nebraska Supreme Court: Multiple Theft Charges for Stealing Items Belonging to Several People at Same Time and Place Violates Double Jeopardy by Dale Chappell by Dale Chappell In a case of first impression, the Nebraska Supreme Court held on March 13, 2020, that theft from multiple owners “at the same …
Is Solitary Confinement a Punishment?, Northwestern University Law Review, 2020 ROUGH DRAFT IS SOLITARY CONFINEMENT A PUNISHMENT? John F. Stinneford Nulla poena sine lege—no punishment without law—is one of the oldest and most universally accepted principles of English and American law. 1 Today, thousands of American prisoners are placed in …
Article • January 21, 2020 • from CLN February, 2020
Washington Supreme Court Affirms Warrantless Search of CSLI Data but Holds Convictions for Both First-degree Rape and Felony Murder Predicated on Rape Violate Double Jeopardy by Douglas Ankney by Douglas Ankney The Supreme Court of Washington affirmed the warrantless search of Bisir Bilal Muhammad’s real-time cell-site location information (“CSLI”) based …
Article • October 16, 2019 • from CLN November, 2019
Fourth Circuit Grants Habeas Relief to Pre-Trial State Prisoner on Double Jeopardy Grounds by Dale Chappell by Dale Chappell Finding that a South Carolina state court violated a state pre-trial defendant’s right against double jeopardy by granting a mistrial when the State wasn’t prepared for trial, the U.S. Court of …
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 • January 18, 2019 • from CLN February, 2019
Filed under: Double jeopardy
Montana Supreme Court: Retrial Following Mistrial Declared Without ‘Manifest Necessity’ Violates Prohibition on Double Jeopardy by Mark Wilson by Mark Wilson The Supreme Court of Montana held that a municipal court violated state and federal double jeopardy prohibitions when it declared a mistrial and ordered a new trial. James Joseph …
Article • January 18, 2019 • from CLN February, 2019
Filed under: Double jeopardy
Maine Supreme Court Rules Double Jeopardy Bars Re-Use of Evidence at Second Trial After Acquittal Based on Same Evidence at First Trial on Different Charges by Dale Chappell by Dale Chappell The Supreme Judicial Court of Maine held that double jeopardy barred the use of the same evidence used in …
Article • August 20, 2018 • from CLN September, 2018
Filed under: Double jeopardy
Virginia Supreme Court Holds Convictions for Common Law and Statutory Involuntary Manslaughter Violate Double Jeopardy Clause by Dale Chappell by Dale Chappell The Supreme Court of Appeals for Virginia held that convictions for both common law and statutory involuntary manslaughter for the same offense violated the Double Jeopardy Clause and …
Article • June 26, 2018
Georgia Prisoner Loses Mandamus Appeal Seeking Trial Records by Edward Lyon by Ed Lyon Georgia prisoner James Brock was convicted of several crimes in 2011, two of which were murder. He could have faced a death penalty. Available information did not state his actual sentence(s). Brock filed a mandamus petition …
Article • June 18, 2018 • from CLN July, 2018
New Mexico Supreme Court Reverses Convictions Based on Double Jeopardy Violations by Christopher Zoukis by Christopher Zoukis The Supreme Court of New Mexico reversed a defendant’s convictions for shooting at a dwelling resulting in death or great bodily harm and conspiracy to shoot at a dwelling based on a violation …
Brief • May 14, 2018
Langley v. Prince et al., LA, order, murder conviction, 2018 Case: 16-30486 Document: 00514472153 Page: 1 Date Filed: 05/14/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-30486 FILED May 14, 2018 RICKY LANGLEY, Lyle W. Cayce Clerk Petitioner …
Dortch v. Arkansas, evidence negligent homicide, opinion, 2018 Cite as 2018 Ark. 263 SUPREME COURT OF ARKANSAS No. CR-17-76 SAMMY W. DORTCH, JR. Opinion Delivered: April 26, 2018 APPELLANT APPEAL FROM THE INDEPENDENCE COUNTY CIRCUIT COURT [NO. 32CR-16-13] V. STATE OF ARKANSAS HONORABLE JOHN DAN KEMP, JUDGE APPELLEE AFFIRMED IN …
Article • December 19, 2017 • from CLN January, 2018
Oregon Supreme Court Announces Default Rule When Plea Agreement Silent About Reprosecution Upon Subsequent Death of Victim by Mark Wilson by Mark Wilson The Oregon Supreme Court upheld the dismissal of murder charges against a defendant who pleaded guilty under a plea agreement to assaulting a victim who subsequently died. …
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