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Article • June 17, 2019 • from CLN July, 2019
Filed under: Trials
Hawai’i Supreme Court Announces New Rule Requiring Tachibana Colloquy in All Trials by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i announced a new rule beginning April 10, 2019, that all trial courts are required to conduct an on-the-record colloquy regarding the right to testify or to not …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Trials
Second Circuit Holds Government’s Misleading Disclosure of Inculpatory Statement Requires New Trial by Dale Chappell by Dale Chappell The U.S. Circuit Court of Appeals for the Second Circuit ruled that the Government’s inaccurate pre-trial disclosure under Rule 16(a)(1)(A) of the Federal Rules of Criminal Procedure to defense counsel, which prompted …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Trials
11th Circuit Holds Conviction Under Georgia’s Aggravated Assault Statute Is Not a ‘Crime of Violence’ When Based Upon a Mens Rea of Recklessness by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit held that convictions under Georgia’s aggravated assault statute, O.C.G.A. § 16-5-21(a)(2), that …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Defenses
Arkansas Supreme Court Rules Justification Defense Available When Charged With Manslaughter by David Reutter by David Reutter The Supreme Court of Arkansas held that the defense of justification is available to a defendant charged with manslaughter if the defendant was not reckless or negligent in forming the belief that force …
Article • June 17, 2019 • from CLN July, 2019
North Dakota Supreme Court Reinstates Postconviction Relief Application Dismissed Without Notice of Motion for Summary Disposition by Matthew Clarke by Matt Clarke   The Supreme Court of North Dakota held that a district court erred when it dismissed a prisoner’s application for postconviction relief after the State filed its answer …
Article • June 17, 2019 • from CLN July, 2019
Fourth Circuit Rules Government Breached Plea Agreement When It Failed to Honor Its Drug Conduct Stipulation at Sentencing by Chad Marks by Chad Marks The U.S. Court of Appeals for the Fourth Circuit ruled that the Government breached its plea agreement with the defendant by failing to honor its drug …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Appeals, Constitution, U.S.
Judge Weinstein Holds that an Appeal Waiver Provision in a Plea Agreement that Seeks a Waiver of All Collateral Rights Is Impermissible Under the Constitution Unless it Specifically Enumerates All Exceptions Required by Law So that a Defendant Has Notice by Punch & Jurists by Punch & Jurists In Chua, …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Trials, Police
Jury Takes Just 9 Minutes to Find Man Who Blared ‘F--k tha Police’ Toward Cops Not Guilty by Dale Chappell by Dale Chappell It took a jury just nine minutes to come back with a verdict of “not guilty” in the trial of a man charged with blaring the 1988 …
Filing • June 7, 2019
HRDC v. BOP, D.C., Settlement, FOIA Request, 2019 Case 1:18-cv-01064-JEB Document 14-1 Filed 06/07/19 Page 1 of 3 Case 1:18-cv-01064-JEB Document 14-1 Filed 06/07/19 Page 2 of 3 Case 1:18-cv-01064-JEB Document 14-1 Filed 06/07/19 Page 3 of 3
Filing • June 7, 2019
HRDC v. BOP, D.C., Dismissal, FOIA Request, 2018 Case 1:18-cv-01064-JEB Document 14 Filed 06/07/19 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) HUMAN RIGHTS DEFENSE CENTER, ) ) Plaintiff ) ) Civil Action No. 18-1064 (JEB) v. ) (ECF) ) BUREAU …
Publication • June 1, 2019
Paid in Full- A Plan to End Money Injustice in New Orleans, Vera Institute of Justice, 2019 Paid in Full: A Plan to End Money Injustice in New Orleans Jon Wool, Alison Shih, and Melody Chang June 2019 The following organizations endorse this report and its recommendations: ADL South Central …
Filing • May 28, 2019
HRDC v. USDHHS, D.C., Complaint, FOIA Litigation, 2019 Case 1:19-cv-01551-ABJ Document 1 Filed 05/28/19 Page 1 of 6 UNITED STATES DISCTRICT COURT FOR THE DISTRICT OF COLUMBIA HUMAN RIGHTS DEFENSE CENTER 1028 N. Federal Highway Lake Worth, FL 33460 ) ) ) ) Plaintiff, ) ) v. ) ) United …
Filing • May 23, 2019
HRDC v. U.S. Park Police, D.C., Complaint, FOIA Request, 2019 Case 1:19-cv-01502 Document 1 Filed 05/23/19 Page 1 of 6 UNITED STATES DISCTRICT COURT FOR THE DISTRICT OF COLUMBIA HUMAN RIGHTS DEFENSE CENTER 1028 N. Federal Highway Lake Worth Beach, FL 33460 ) ) ) ) Plaintiff, ) ) v. …
Article • May 15, 2019 • from CLN June, 2019
Supreme Court of Delaware: Lawyer’s Mere Presence the Day of Trial Violates Sixth Amendment Under Cronic Standard by Chad Marks by Chad Marks The Supreme Court of Delaware held that a defendant’s Sixth Amendment right to assistance of counsel was violated by trial counsel’s near-total absence during the pretrial stage …
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 …
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