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Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments by Sam Rutherford by Sam Rutherford The Supreme Court of Hawai’i reversed a murder conviction for prosecutorial misconduct where a deputy prosecutor described the defendant as a liar and inserted personal opinions concerning …
Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Third Circuit affirmed the U.S. District Court …
Article • February 1, 2025 • from CLN February, 2025
California Court of Appeal Announces Youthful Defendants Sentenced to Terms ‘Functionally Equivalent’ to LWOP Entitled to Resentencing Under § 1170(d) by Sam Rutherford by Sam Rutherford The California Court of Appeal, Second Appellate District, held that youthful defendants who receive sentences that are “functionally equivalent” to sentences of life without …
The Murky Waters of Parole by David Reutter by David M. Reutter In most states, the grant of parole is an act of grace. The systems of parole vary amongst the states, but one thing is certain—prisoners have high hopes when they come under review. Another certainty, at least in …
Article • February 1, 2025 • from CLN February, 2025
First Step Act Linked to Modest Reductions in Time Served by Federal Prisoners by Jo Ellen Nott by Jo Ellen Nott The First Step Act (“FSA”), enacted in 2018, aimed to reduce recidivism and reform federal sentencing practices. A recent report by the Council on Criminal Justice (“CCJ”) showed modest …
Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case by Sam Rutherford by Sam Rutherford The Criminal Court of Appeals of Texas, the state’s highest court in criminal cases, granted a prisoner’s habeas corpus petition based on advances in science that undermined the validity of evidence …
Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’ by Anthony Accurso by Anthony W. Accurso The Supreme Court of Georgia unanimously granted a defendant’s habeas petition …
Article • January 15, 2025 • from CLN February, 2025
Seeking Justice for Two: The DNA Scandal That Shook a Community by by Justyna Madenska This article explores the wrongful conviction of David Hehn and the unresolved murder of Gay Lynn Dixon, revealing systemic failures in forensic evidence handling and the justice system’s pursuit of true justice. In 1982, the …
Article • December 15, 2024 • from CLN January, 2025
Seventh Circuit Announces Maximum Revocation Sentence for Violation of Supervised Release Based on Classification of Underlying Offense at Time of Conviction, Not at Time of Revocation by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Seventh Circuit held that the maximum sentence a defendant may receive …
First Circuit Holds Government Breached Plea Agreement by Implicitly Arguing for Upward Variant Sentence by Including Pictures and Video of Defendant That Allegedly Depict His Criminal Tendencies in Sentencing Memo by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the First Circuit held that the Government implicitly …
Las Vegas Jury Finds Detectives Fabricated Evidence Against Woman Who Spent 15 Years in Prison for Murder and Awards Her $34 Million by James Mills by James Mills A Nevada jury ruled that two Las Vegas homicide detectives fabricated evidence against a local woman in a 2001 murder. Kirstin “Blaise” …
Article • December 15, 2024 • from CLN January, 2025
Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit delineated the scope of U.S. District Courts’ authority to summarily dismiss …
Article • December 15, 2024 • from CLN January, 2025
California Supreme Court Announces Retroactivity of 2022 Version of Penal Code § 1170 to Upper-Term Sentences Imposed Before Its Enactment by Sam Rutherford by Sam Rutherford The California Supreme Court held that the 2022 amendments to Penal Code § 1170, which limits a trial court’s ability to impose an upper-term sentence …
Third Circuit: Despite ‘Expressly and Repeatedly’ Requesting Low-End Sentence, Government Breached Plea Agreement by Emphasizing ‘Heinous’ Nature of Offense and Presenting Victim-Impact Evidence at Sentencing Thereby Undermining Recommendation by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Third Circuit held that the Government breached its promise …
California Supreme Court Announces Uncharged and Unproven Offense-Specific Enhancements May Not Be Imposed Under § 1172.6(e) Resentencing by Sam Rutherford by Sam Rutherford The Supreme Court of California held that a trial court may not impose a sentencing enhancement that was neither pleaded and found true by the trier of …
Article • December 1, 2024 • from CLN December, 2024
Ninth Circuit Grants Habeas Relief to California Prisoner on Napue Claim Because Prosecution Failed to Correct Informant’s False Testimony That He Did Not Receive Any Benefit In Exchange for His Testimony by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit reversed the U.S. District …
Article • December 1, 2024 • from CLN December, 2024
Missouri Man Awarded Record $38 Million After Insurance Company Refuses to Pay Wrongful Conviction Settlement by Sam Rutherford by Sam Rutherford A jury recently awarded a Missouri man $38 million dollars against Travelers Companies, Inc. and its subsidiaries after the insurance company refused to pay an $11 million settlement the man …
False Confessions and Wrongful Convictions: Known Causes and Steps to Eliminate Them by Douglas Ankney by Douglas Ankney A s of February 2024, the National Registry of Exonerations (“NRE”) at the University of Michigan has registered 3,475 postconviction DNA and non-DNA exonerations since 1989—an average of 100 per year. Of …
Article • December 1, 2024 • from CLN December, 2024
Filed under: Wrongful Conviction
Wrongfully Convicted Actor Exonerated After 24 Years in Prison by Jon-Adrian Velazquez’s wrongful conviction for the 1998 murder of retired NYPD detective Albert Ward was vacated on September 30, 2024, after spending over 23 years behind bars. Leaving court on that momentous Monday, Velazquez, now 48, wore a baseball cap …
Article • November 1, 2024 • from CLN November, 2024
Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit affirmed …
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