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Article • September 23, 2018 • from CLN October, 2018
Filed under: Evidentiary Ruling
Seventh Circuit Affirms Order Granting New Trial Due to Newly Discovered Evidence by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit affirmed a district court’s ruling that a criminal defendant should get a new trial because an audio recording that was favorable and …
Article • September 23, 2018 • from CLN October, 2018
Filed under: Jury Instructions
Texas Court of Criminal Appeals Holds Sua Sponte Jury Instruction on Self-Defense Also Applies to Lesser-Included Charges by Dale Chappell by Dale Chappell A sua sponte jury instruction on self-defense for a murder charge applied equally to the lesser-included charge, and a judge’s failure to inform the jury that it …
Article • September 23, 2018 • from CLN October, 2018
Filed under: Appeals, Sentencing
10th Circuit: Oklahoma’s Second-Degree Burglary Not an ACCA Qualifying Offense by David Reutter by David Reutter The Tenth Circuit Court of Appeals held convictions for burglary under Oklahoma law do not qualify as violent felonies for sentence enhancement under the federal Armed Career Criminal Act (“ACCA”). Raymond Hamilton was convicted …
Article • September 20, 2018 • from CLN October, 2018
California Court of Appeal Holds Box Cutter Not ‘Inherently’ Deadly Weapon by Dale Chappell by Dale Chappell A box cutter is a type of knife “designed to cut things and not people,” and was therefore not “inherently” a deadly weapon as a matter of law, the Court of Appeal of …
Article • September 20, 2018 • from CLN October, 2018
Filed under: Appeals
Kentucky Supreme Court Overrules Flawed Brindley Opinion and Announces Commonwealth Cannot Appeal Judgment of Acquittal by Dale Chappell by Dale Chappell The Supreme Court of Kentucky held that the Commonwealth cannot appeal from a judgment of acquittal in a criminal case after a jury’s guilty verdict, interpreting the Kentucky Constitution …
Article • September 20, 2018 • from CLN October, 2018
NY Court of Appeals Holds Trial Court’s Failure to Advise Defense of Jury Note Contents Constitutes Reversible Error by Dale Chappell by Dale Chappell The Court of Appeals of New York held that a trial court’s failure to make the defendant aware of the content of notes by the jury …
Article • September 19, 2018
Warning: Integrity of judicial process at risk by Sandy Rozek by Sandy Rozek, NARSOL Testimony from individuals at a sentencing hearing has one primary purpose: to give the court additional information on which to base a sentencing decision. Victim impact statements focus on the harm done, while statements on behalf …
Miller v. Maddox, TN, Resolution to Settle, Police Misconduct and False Statements, 2018 Resolution No. RS2018-1394 A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Andrea Miller against Woodston Maddox in the amount of $50,000.00, and reasonable attorney’s fees, not to exceed $80,000.00, and …
Brief • August 28, 2018
Human Rights Defense Center v. The GEO Group, Inc. Texas Public Records, 2018 FILED 8/28/2018 11:39 AM Donna Kay McKinney Bexar County District Clerk Accepted By: Victoria Angeles Cause No. HUMAN RIGHTS DEFENSE CENTER, Plaintiff, 2018CI16343 § § § § § § § § v. THE GEO GROUP, INC., Defendant. …
Article • August 20, 2018 • from CLN September, 2018
$9 Million Settlement in Baltimore Wrongful Conviction Case by Christopher Zoukis by Christopher Zoukis Baltimore officials agreed in May 2018 to settle a claim of wrongful conviction brought by a man who spent more than 20 years in prison for a murder he didn’t commit. The city agreed to pay …
Article • August 20, 2018 • from CLN September, 2018
Filed under: Limitations, Habeas Corpus
Fifth Circuit Affirms Habeas Relief Granted to Louisiana Prisoner Who Overcame SOL by ‘Credible Showing of Actual Innocence’ by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Fifth Circuit upheld a federal district court’s ruling that a Louisiana man who has served over 35 years …
Article • August 20, 2018 • from CLN September, 2018
Filed under: Juries, Death Penalty
SCOTUS’ Unanimous Death-Penalty Jury Verdict Decision Affecting Florida Cases by Derek Gilna by Derek Gilna The effects of the January 2016 United States Supreme Court decision in Hurst v. Florida, 136 S. Ct. 6161 (2016), which overturned Florida’s prior law permitting non-unanimous jury verdicts in death penalty cases, continues to …
Article • August 20, 2018 • from CLN September, 2018
Filed under: Defenses, Juries
Georgia Defense Attorney Wins Another ‘Jury-Nullification’ Case by Derek Gilna by Derek Gilna Catherine Bernard, a former public defender in Laurens County, Georgia, who now practices criminal defense, won yet another “not-guilty” jury verdict in a marijuana possession trial on July 12, 2018, by utilizing a modified “jury nullification” approach. …
Article • August 20, 2018 • from CLN September, 2018
Eighth Circuit Rules Officer’s Inability to Read Temporary Vehicle Tag Does Not Justify Traffic Stop, Evidence Obtained Must be Suppressed by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Eighth Circuit affirmed a district court’s ruling that evidence obtained during a traffic stop that was …
Article • August 20, 2018 • from CLN September, 2018
First Circuit Holds Appeal Not Barred by Plea Agreement Waiver Provision When Sentence Exceeds Agreement by David Reutter by David Reutter The United States Court of Appeals for the First Circuit held a plea agreement’s appellate waiver provision did not bar an appeal where the district court imposed a home …
Article • August 17, 2018 • from CLN September, 2018
Third Circuit Grants Habeas Relief to Prisoner Convicted of First-Degree Murder Without Evidence of Specific Intent to Kill by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Third Circuit granted a Pennsylvania state prisoner conditional habeas corpus relief because the jury instructions used to convict …
Article • August 17, 2018 • from CLN September, 2018
NYPD’s Lack of Disciplinary Record Transparency Frustrates Prosecutors by Betty Nelander by Betty Nelander Disciplinary records of New York Police Department officers who arrest people have been closely shielded. Even the district attorneys, who sometimes must decide whether to charge arrestees with crimes based on an officer’s word, have often …
Article • August 17, 2018 • from CLN September, 2018
Filed under: Juries
Trial Lawyer Advocates ‘Jury Nullification’ To Acquit the Unjustly Accused by Derek Gilna by Derek Gilna Mark Bennett, a 22-year criminal trial lawyer, argues that responsible citizens have a duty to serve on a criminal jury as a reasoned observer of the trial process — and not as a pawn …
Article • August 17, 2018 • from CLN September, 2018
Academic Paper Highlights Need to Tighten Rules for Fingerprint Evidence in Light of False-Positive Error Rate by Steve Horn by Steve Horn A new study published in the UCLA Law Review reveals a potential for rule tightening on the use of fingerprint evidence in the U.S. judiciary. “The Reliable Application …
Article • August 17, 2018 • from CLN September, 2018
Filed under: Guilty Pleas, Judiciary, Trials
South Dakota Supreme Court Rules that Trial Court Cannot Reject a Plea Agreement It Already Implicitly Accepted by Christopher Zoukis by Christopher Zoukis The Supreme Court of the State of South Dakota reversed a trial court’s decision to reject a binding plea agreement because it had already implicitly accepted the …
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