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Article • August 21, 2019 • from CLN September, 2019
Massachusetts Supreme Judicial Court Explains Procedures of G. L. c. 278A and Rules That a Claim of Self-Defense Is a Claim of Factual Innocence by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts explained the procedures for filing and adjudicating a motion brought under G. L. c. …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Consent Decrees, DUI
Vermont Supreme Court Rules DUI Breath Test Subject to Voluntariness Challenge Despite Implied Consent Law by Mark Wilson by Mark Wilson The Supreme Court of Vermont held that the state’s implied consent statute does not bar a voluntariness challenge to a breath test. Every person who operates a motor vehicle …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Sentencing
California Court of Appeal Announces Defendant Convicted of Felony Accessory Is Eligible for Resentencing Under Proposition 64 by Douglas Ankney by Douglas Ankney In September 2013, William Roy Boatwright was arrested while exiting a house later discovered to contain 107 pounds of marijuana, 60 pounds of marijuana shake, a vacuum-sealing …
Article • August 21, 2019 • from CLN September, 2019
California Supreme Court Reverses Attempted Murder and Explains Elements Required For Kill Zone Theory Instruction by Anthony Accurso by Anthony Accurso  The Supreme Court of California clarified that the use of force that merely endangers everyone in an area is insufficient to support a kill zone theory instruction for attempted …
Article • August 20, 2019 • from CLN September, 2019
Filed under: Crime/Demographics
Oregon Supreme Court Holds ‘Attempt’ Requires Intent to Personally Participate in the Crime by Dale Chappell by Dale Chappell In order to be found guilty of an attempt to commit a crime, the defendant must have intended to personally participate in the crime, and the attempt to solicit another person …
Article • August 20, 2019 • from CLN September, 2019
Filed under: Wrongful Conviction
$13.1 Million Settlement Reached by Actor Framed for Murder by Douglas Ankney by Douglas Ankney The Board of Supervisors of San Francisco approved a settlement of $13.1 million in a claim brought by a man who had spent more than six years in prison after police framed him for murder. …
Article • August 20, 2019 • from CLN September, 2019
BOP Finally Implements First Step Act, Officially Releases 3,100 Prisoners Under ‘Good Conduct Time’ by Dale Chappell by Dale Chappell The long-awaited extra seven days of good conduct time (“GCT”) is finally being applied by the Bureau of Prisons (“BOP”), which will result in the official release of 3,100 prisoners …
Article • August 20, 2019 • from CLN September, 2019
Filed under: Trials
Colorado Supreme Court Announces That the People Cannot Withdraw From a Plea Agreement After the Trial Court Rejects Stipulated Sentence by Douglas Ankney by Douglas Ankney The Supreme Court of Colorado announced that the People cannot withdraw from a plea agreement after the trial court accepts the defendant’s guilty plea …
Article • August 20, 2019 • from CLN September, 2019
NYU Study Shows ‘Predictive Policing Systems’ Promote Bad Data, Bad Policing by Dale Chappell by Dale Chappell A New York University study shows that “predictive policing” does nothing to prevent crime but actually increases bad policing in cities already struggling with corrupt police forces. This means that in at least …
Article • August 20, 2019 • from CLN September, 2019
SCOTUS: SOL Governing § 1983 Claim Asserting Fabrication of Evidence Begins to Run on Date Criminal Proceedings Are Terminated in Complainant’s Favor by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) held that the statute of limitations for Edward McDonough’s 42 U.S.C. § 1983 claim …
Article • August 19, 2019 • from CLN September, 2019
Filed under: Alternative Sentencing
Indiana Supreme Court Reduces 30-Year Prison Sentence to 23-Year Community Corrections Placement in Rare Case by Chad Marks by Chad Marks In August 2013, Lisa Livingston was arrested for various drug charges involving 3.35 grams of methamphetamine and one baggie of cocaine weighing 1.89 grams. Livingston posted a $75,000 property …
Article • August 19, 2019 • from CLN September, 2019
Filed under: Sentencing
New Jersey Supreme Court: Prosecution May Appeal Drug Court Sentence Only When Sentence Is Illegal by Douglas Ankney by Douglas Ankney The Supreme Court of New Jersey held that the State cannot appeal a “special probation Drug Court sentence” unless the sentence is illegal. Susan Hyland was driving drunk when …
Article • August 19, 2019 • from CLN September, 2019
Sixth Circuit: Prosecutor’s Numerous Improper Comments Constitute Flagrant Misconduct Depriving Defendants of a Fair Trial by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Sixth Circuit vacated the conviction of two defendants on possession with intent to distribute methamphetamine charges because the prosecutor’s numerous improper comments …
Article • August 19, 2019 • from CLN September, 2019
Fourth Circuit Reverses Lower Court for Giving Dispositive Weight to Plea Agreement Language Rather Than Fact-Based Evaluation of Weight of Evidence in IAC Claim by David M. Reutter by David M. Reutter The U.S. Court of Appeals for the Fourth Circuit ruled that an attorney rendered ineffective assistance of counsel …
Article • August 19, 2019 • from CLN September, 2019
Colorado Supreme Court Announces That Claims of Insufficient Evidence Not Preserved at Trial Are Subject to De Novo Review on Appeal by Douglas Ankney by Douglas Ankney In two separate cases, the Supreme Court of Colorado announced that claims challenging the sufficiency of evidence are to be reviewed de novo …
Article • August 19, 2019 • from CLN September, 2019
Filed under: Attorneys
Refusing to Permit Attorney to Make Offer of Proof Is Abuse of Discretion, Says Indiana Supreme Court by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana held that a superior court abuses its discretion when it refuses to allow an attorney to make an offer of proof when …
Article • August 19, 2019 • from CLN September, 2019
Filed under: Sentencing, Immigration
Change to New York Misdemeanor Definition May Benefit Non-Citizens by Michael Berk by Michael Berk New York’s new amendment to its penal code reduces the maximum sentence for Class A misdemeanor offenses to 364 days. The previous maximum punishment was one year in jail. The One Day to Protect New …
Article • August 19, 2019 • from CLN September, 2019
Filed under: DUI
Montana Supreme Court Rules Leaving a Brewery Doesn’t Provide Particularized Suspicion of DUI by Anthony Accurso by Anthony Accurso The Supreme Court of Montana held that facts leading up to the traffic stop at issue do not amount to the particularized suspicion required to initiate a lawful stop under Montana …
Article • August 19, 2019 • from CLN September, 2019
Massachusetts Supreme Court Holds Statute Requiring GPS Monitoring of Probationers Convicted of Sex Offenses Unconstitutional ‘as Applied’ by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts held that Massachusetts General Law, chapter 265, § 47 (“G.L. c. 265, § 47”), is overinclusive and is unconstitutional as applied …
Article • August 19, 2019 • from CLN September, 2019
Oregon Supreme Court: Claim Based on New Rule of Constitutional Law Cognizable in Untimely Oregon PCR Action by Mark Wilson by Mark Wilson The Supreme Court of Oregon held that an untimely post-conviction relief (“PCR”) action based on a new U.S. Supreme Court ruling is authorized under an “escape clause” …
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