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Article • May 15, 2019 • from CLN June, 2019
Sixth Circuit Rejects Kentucky Supreme Court’s Ruling That Defendant-Lawyers Are Never Without Counsel and Not Entitled to Faretta Hearing by Dale Chappell by Dale Chappell An experienced Kentucky trial attorney who found himself on the wrong end of counsel’s table was granted a new trial by the U.S. Court of …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Trials, Sixth Amendment
Second Circuit Rules 68-Month Delay Violates Speedy Trial Clause by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit held that a delay of 68 months between arrest and trial violates the right to a speedy trial enshrined in the Sixth Amendment when most of …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Trials
Third Circuit: Reason for Continuance Must be Given to Exclude Delay from 70-Day Limit of Speedy Trial Act or Dismissal of Indictment by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit ruled that a district court must state the factual basis for a continuance …
Article • April 13, 2019
California Police Unions Balk at New Law Requiring Transparency in Officer-Involved Shootings and Use-of-Force Incidents by Chad Marks by Chad Marks California police unions are bringing their fight against a new transparency law -- Senate Bill 1421 -- to the courts, suing local governments in what looks like a losing …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Defenses
Deadly Force Mindset as Justifiable Defense Questioned by Kevin Bliss by Kevin Bliss The science of neurobiology and neuropsychology used to defend officers in shooting incidents has been described as arbitrary at best. Many experts contend there simply is not enough peer-reviewed material to substantiate it as an exculpatory defense. …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Guilty Pleas, Suit Waivers
California Supreme Court Rules That Defense Counsel Can’t Agree to Stipulation That’s Tantamount to Guilty Plea Without Voluntary and Intelligent Waiver by Defendant by Derek Gilna by Derek Gilna The bedrock principle of criminal defense is to force the prosecution to prove its case against his client, but in the …
Article • April 12, 2019 • from CLN May, 2019
Second Circuit: Government’s Misleading Disclosure Warrants New Trial by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit ruled that the Government violated Rule 16 of the Federal Rules of Criminal Procedure when its misleading disclosure caused the defense to forego filing a motion to …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Appeals
SCOTUS: Presumption of Prejudice Recognized in Flores-Ortega Applies Regardless of Defendant’s Appeal Waiver by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) held that the presumption of prejudice recognized in Roe v. Flores-Ortega, 528 U.S. 470 (2000), applies regardless of whether a defendant has signed …
Article • March 16, 2019 • from CLN April, 2019
Can Criminal Records Ever Truly Be Expunged in the Internet Era? by Matthew Clarke by Matt Clarke  Expunction of criminal records is a traditional method of protecting those falsely arrested, falsely convicted, or deemed deserving of a second chance after completing probation. But with the prevalence of mugshot sites and …
Article • March 16, 2019 • from CLN April, 2019
Filed under: Appeals, Trials
Indiana Supreme Court Announces Trial Court Must Resentence on All Underlying Felonies After Gang Enhancement Sentence Reversed on Appeal by Derek Gilna by Derek Gilna The Supreme Court of Indiana ruled that following the reversal of a gang enhancement sentence under Ind. Code § 35-50-2-15 the trial court on remand …
Article • March 16, 2019 • from CLN April, 2019
$8.4 Million Combined Settlement Reached by ‘Norfolk Four’ by Douglas Ankney by Douglas Ankney Four former Navy sailors (the “Norfolk Four”), who were wrongly convicted of the rape and murder of Michelle Bosko, agreed to a $4.9 million settlement with the City of Norfolk, Virginia.  Governor Ralph Northam then signed …
Article • March 16, 2019 • from CLN April, 2019
Filed under: Appeals
Eleventh Circuit Rules DEA’s Definition of Positional Isomer Does Not Apply to Substances on Temporary Schedule, Vacates Possession Conviction by Matthew Clarke by Matt Clarke  The U.S. Court of Appeals for the Eleventh Circuit held that neither the definition of “positional isomer” set forth in 21 C.F.R. § 1300.0l(b) nor …
Article • March 16, 2019 • from CLN April, 2019
First Circuit: Sentencing Courts May Consider New Career Offender Guideline Amendment 798, Even Though Not Retroactive by Dale Chappell by Dale Chappell In a case where a defendant was sentenced when the career offender guideline still contained the so-called residual clause, the U.S. Court of Appeals for the First Circuit …
Article • March 16, 2019 • from CLN April, 2019
Filed under: Trials
Nevada Supreme Court Clarifies, Narrows Nonhearsay Rule Under NRS 51.135(2) by Dale Chappell by Dale Chappell An out-of-court statement is not hearsay only if the person making the statement is subject to cross-examination concerning the statement, the Nevada Supreme Court instructed, clarifying and narrowing the application of when nonhearsay statements …
Article • March 16, 2019 • from CLN April, 2019
North Dakota Supreme Court Announces Implied Consent Advisory Must be Read After Arrest and Before Administering Test by Douglas Ankney by Douglas Ankney In December 2018, the Supreme Court of North Dakota held that the implied consent advisory pursuant to N.D.C.C. § 39-20-01(2) and (3) must be read after placing …
Counsel Ineffective for Failing to Move for Mistrial When Court Coerces Unanimous Verdict by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit held that a defendant did not receive effective assistance of counsel when his attorneys failed to object and move for a mistrial …
Article • March 16, 2019 • from CLN April, 2019
Fourth Circuit Rules 3 Marijuana Stems Discovered in Single Trash Pull Insufficient for Search Warrant, Suppresses Evidence Found in Residence by David Reutter by David Reutter The U.S. Court of Appeals for the Fourth Circuit affirmed the suppression of evidence obtained while executing a search warrant based on the discovery …
Sixth Circuit Rejects Qualified Immunity Claim in Malicious Prosecution Suit for Wrongful Arrest and Conviction Involving Multiple Lies by Police by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit upheld the denial of summary judgment filed by Detroit police in a lawsuit alleging malicious …
Article • March 16, 2019 • from CLN April, 2019
Filed under: Appeals, Overdetention
Seventh Circuit: Claim for Unlawful Pretrial Detention Accrues on Date of Release by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit has held that the accrual date for claims for arrest and detention without probable cause is the date the detention ends. Maurice Lewis …
Article • March 16, 2019 • from CLN April, 2019
In Landmark Civil Asset Forfeiture Case, U.S. Supreme Court Holds Excessive Fines Clause of Eighth Amendment Applicable to States by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) held that the Excessive Fines Clause of the Eighth Amendment is applicable to the states through the …
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