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Article • May 15, 2022 • from CLN June, 2022
Idaho Supreme Court Announces Prospectively Testimony by Drug Recognition Expert Requires State to Comply With Expert Witness Disclosure Requirements of Rule 16(b)(7) by Douglas Ankney by Douglas Ankney The Supreme Court of Idaho announced, “that henceforth, testimony from drug recognition expert requires the state to comply with the expert witness …
Article • May 1, 2022 • from CLN May, 2022
Fifth Circuit Affirms Habeas Relief and New Trial Based on Counsel’s Failure to Interview State’s Key Eyewitness in Murder Case by Dale Chappell by Dale Chappell Finding that defense counsel’s failure to interview the State’s key eyewitness in a Louisiana murder case constituted ineffective assistance of counsel under Strickland v. …
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 • October 15, 2021 • from CLN November, 2021
California Supreme Court Announces Predicate Offenses for Gang Enhancement or Gang Participation Not Provable Using Expert Witness Testimony Without Personal Knowledge of Facts by Matthew Clarke by Matt Clarke The Supreme Court of California held that, for charges of gang participation and gang enhancements under California Penal Code, § subdivisions …
Article • September 15, 2021 • from CLN October, 2021
California Supreme Court Announces Predicate Offenses for Gang Enhancement or Gang Participation Not Provable Using Expert Witness Testimony Without Personal Knowledge of Facts by Matthew Clarke by Matt Clarke The Supreme Court of California held that, for charges of gang participation and gang enhancements under California Penal Code, § subdivisions …
Article • August 15, 2020 • from CLN September, 2020
Hawai’i Supreme Court Announces Police Officers May Not Testify That Driver Appeared Intoxicated, Overruling Toyomura by Douglas Ankney by Douglas Ankney On June 30, 2020, the Supreme Court of Hawai’i announced that, going forward, police officers are not permitted to testify in expert or lay capacity that a driver appeared …
Divide and Conquer: New Algorithm Examines Crime-Scene Bullets Segment by Segment by by the National Institute of Standards and Technology, U.S. Department of Commerce On the morning of March 22, 1915, residents of the small town of West Shelby, New York, awoke to a horrific scene. A woman clad only …
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