Skip navigation
Criminal Legal News

Search

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

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 …
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 …
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 …
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 …
Seventh Circuit: Cronic Doesn’t Provide Exclusive Situations for its Application, Finds Attorney Abandonment at Sentencing Despite Counsel Being Physically Present
Article • September 15, 2021 • from CLN October, 2021
Filed under: Ineffective Assistance of Counsel
Seventh Circuit: Cronic Doesn’t Provide Exclusive Situations for its Application, Finds Attorney Abandonment at Sentencing Despite Counsel Being Physically Present by Dale Chappell by Dale Chappell In a case where a defendant’s lawyer was present at sentencing but did “absolutely nothing” to help him, the U.S. Court of Appeals for …
Ninth Circuit: IAC Under Strickland Satisfies Rhines’ ‘Good Cause’ Standard to Stay Federal Habeas Petition, Allowing Exhaustion of State Court Remedies
Article • September 15, 2021 • from CLN October, 2021
Filed under: Administrative Exhaustion (PLRA), Habeas Corpus, Ineffective Assistance of Counsel
Ninth Circuit: IAC Under Strickland Satisfies Rhines’ ‘Good Cause’ Standard to Stay Federal Habeas Petition, Allowing Exhaustion of State Court Remedies by Dale Chappell by Dale Chappell Finding that the U.S. District Court for the District of Nevada applied the incorrect standard in denying a state prisoner’s request to stay …
Pennsylvania Supreme Court: Failure to Object to Improper Jury Instruction and Curative Instruction by Court Containing ‘Freudian Slip’ Constitutes IAC
Article • June 15, 2021 • from CLN July, 2021
Filed under: Jury Instructions, Ineffective Assistance of Counsel
Pennsylvania Supreme Court: Failure to Object to Improper Jury Instruction and Curative Instruction by Court Containing ‘Freudian Slip’ Constitutes IAC by Anthony Accurso by Anthony Accurso The Supreme Court of Pennsylvania found a defendant’s counsel constitutionally ineffective where they failed to object to improper jury instructions, and there was further …
Eleventh Circuit: Lawyer’s Purposeful Late Filing of Habeas Petition Grounds for Equitable Tolling
Article • May 15, 2021 • from CLN June, 2021
Filed under: Ineffective Assistance of Counsel, Speedy Trial Clock - Tolling of
Eleventh Circuit: Lawyer’s Purposeful Late Filing of Habeas Petition Grounds for Equitable Tolling by Dale Chappell by Dale Chappell In a case where habeas counsel purposely waited until it was too late to file a federal habeas corpus petition, the U.S. Court of Appeals for the Eleventh Circuit held on …
Eighth Circuit Vacates Habeas Denial, Remands to Determine Whether ‘Martinez Exception’ Excused Procedural Default by State Prisoner
Article • April 15, 2021 • from CLN May, 2021
Filed under: Procedural Default/Error, Ineffective Assistance of Counsel
Eighth Circuit Vacates Habeas Denial, Remands to Determine Whether ‘Martinez Exception’ Excused Procedural Default by State Prisoner by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eighth Circuit ruled that the so-called “Martinez exception” should have allowed a procedurally defaulted federal habeas claim of ineffective assistance …
Seventh Circuit: Federal Habeas Relief for State Prisoner Due to Counsel’s Failure to Raise No-Causation Defense
Article • April 15, 2021 • from CLN May, 2021
Filed under: Spisak Theory
Seventh Circuit: Federal Habeas Relief for State Prisoner Due to Counsel’s Failure to Raise No-Causation Defense by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit affirmed the grant of federal habeas corpus relief to a state prisoner, finding that counsel was ineffective for failing …
California Court of Appeal: Counsel Ineffective for Failure to Investigate Mental Health History
Article • February 15, 2021 • from CLN March, 2021
Filed under: Mental Health, Ineffective Assistance of Counsel
California Court of Appeal: Counsel Ineffective for Failure to Investigate Mental Health History by Douglas Ankney by Douglas Ankney The California Court of Appeal, First Appellate District, vacated the denial of Patrick Sean O’Hearn’s motion to withdraw his guilty plea after concluding that defense counsel was ineffective for failing to …
Third Circuit: IAC Where Counsel Failed to Object to Accomplice-Liability Jury Instruction in Murder Case That Relieved State of Proving Specific Intent
Article • January 15, 2021 • from CLN February, 2021
Filed under: Jury Instructions, Ineffective Assistance of Counsel, Co-conspirator/Accomplice liability
Third Circuit: IAC Where Counsel Failed to Object to Accomplice-Liability Jury Instruction in Murder Case That Relieved State of Proving Specific Intent by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Third Circuit held that defense counsel provided ineffective assistance of counsel (“IAC”) for failing to …
SCOTUS Vacates Grant of Habeas Relief, Citing Habeas ‘Deference’ to State Court Decisions
Article • January 15, 2021 • from CLN February, 2021
Filed under: Habeas Corpus, AEDPA, Ineffective Assistance of Counsel, Mitigating Role/Circumstances/Evidence
SCOTUS Vacates Grant of Habeas Relief, Citing Habeas ‘Deference’ to State Court Decisions by Dale Chappell by Dale Chappell In a decision highlighting the deference to state court decisions under the Antiterrorism and Effective Death Penalty Act (“AEDPA”), the Supreme Court of the United States held on December 14, 2020, …
California Supreme Court Vacates Murder Conviction, Finds IAC for Failure to Obtain Expert Testimony on Time of Death
Article • January 15, 2021 • from CLN February, 2021
Filed under: Ineffective Assistance of Counsel, Murder/Felony Murder, Expert Witnesses/Testimony
California Supreme Court Vacates Murder Conviction, Finds IAC for Failure to Obtain Expert Testimony on Time of Death by Dale Chappell by Dale Chappell In a case that hinged on the time of death to convict the defendant, the Supreme Court of California granted habeas corpus relief where defense counsel …
Eighth Circuit: Counsel Ineffective for Not Recognizing § 851 Enhancement Should Not Have Applied
Article • October 15, 2020 • from CLN November, 2020
Filed under: Ineffective Assistance of Counsel, Sentence Enhancements/Departures
Eighth Circuit: Counsel Ineffective for Not Recognizing § 851 Enhancement Should Not Have Applied by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Eighth Circuit reversed the U.S. District Court for the District of North Dakota’s denial of a defendant’s 28 U.S.C.§ 2255 motion and held …
Page 2 of 3. « Previous | 1 2 3 | Next »