Felony Murder: The Crotchet of American Murder Jurisprudence by Douglas Ankney by Douglas Ankney Since the Supreme Court decided Gregg v. Georgia, 428 U.S. 153 (1976), the idea has been that death sentences are reserved for only those murders committed by the worst of the worst killers. But in August …

Arkansas Supreme Court: Unborn Child Not a ‘Person’ Under Sentencing Enhancement Scheme by Anthony Accurso by Anthony Accurso In an opinion delivered December 10, 2020, the Supreme Court of Arkansas held that the definition of a “person” used for aggravating factors at sentencing does not include an unborn child. On …

New York Man Exonerated of Murder and Freed After 25 Years in Prison by Douglas Ankney by Douglas Ankney On November 19, 2020, New Yorker Jaythan Kendrick was exonerated of murder and freed from prison after serving 25 years. The Queens County Supreme Court vacated his 1995 conviction based on …

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 …

California Supreme Court Vacates LWOP Sentence After Its Recent Cases Clarifying ‘Special Circumstance’ Murder by Dale Chappell by Dale Chappell The Supreme Court of California vacated a life without parole (“LWOP”) sentence imposed in a first-degree murder conviction, applying its recent decisions clarifying a “special circumstance” to allow such a …

Michigan Supreme Court Announces that Duress May be Asserted as an Affirmative Defense to Felony Murder, Overruling Gimotty and Etheridge by Douglas Ankney by Douglas Ankney In a case of first impression for the Supreme Court of Michigan, the Court announced that the affirmative defense of duress may be asserted …

Massachusetts Supreme Judicial Court Reverses Murder Conviction Due to Insufficient Evidence by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts reversed Jean Carlos Lopez’s murder conviction because the evidence was insufficient to establish beyond a reasonable doubt that Lopez knowingly participated in the killing with the requisite …