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Article • June 18, 2018 • from CLN July, 2018
California Supreme Court Vacates Conviction and Death Sentence After Experts Recant Testimony by Dale Chappell by Dale Chappell The Supreme Court of California granted a writ of habeas corpus and vacated a first-degree murder conviction and death sentence after several of the experts who testified at trial recanted their testimony …
Article • June 17, 2018 • from CLN July, 2018
Filed under: Defenses, Mental Health
Vermont Supreme Court: Defendant Cannot be Compelled to Submit to Competency Evaluation by State’s Expert by David Reutter by David Reutter The Supreme Court of Vermont held that the State may not compel a defendant to submit to a competency evaluation conducted by a mental-health expert of the State’s choosing …
Article • June 17, 2018 • from CLN July, 2018
Minnesota Supreme Court: Prisoner Entitled to Appointed Attorney for One Review of Conviction, Even When It’s Not a Direct Appeal by Christopher Zoukis by Christopher Zoukis The Supreme Court of Minnesota ruled that a convicted defendant is entitled to appointed counsel, pursuant to statute, for one review of his or …
Article • June 16, 2018 • from CLN July, 2018
Philly Prosecutor’s ‘Do Not Call’ List Released; Names Cops Not to Call to the Stand by Christopher Zoukis by Christopher Zoukis Corruption in the Philadelphia Police Department led local prosecutors to prepare a list of cops who had engaged in misconduct, including excessive force, drinking on duty, and lying to …
Article • June 16, 2018 • from CLN July, 2018
Texas Court of Criminal Appeals: Lawyer’s Failure to Advise Client of Opinion Making It Impossible for State to Meet Its Burden of Proof Constitutes Ineffective Assistance of Counsel by Matthew Clarke by Matt Clarke On September 27, 2017, the Court of Criminal Appeals of Texas held that a guilty plea …
Article • June 16, 2018 • from CLN July, 2018
Filed under: Appeals, Habeas Corpus
SCOTUS Adopts ‘Look Through’ Methodology for Federal Courts in Determining State Court’s Rationale for Unexplained Habeas Decision by Richard Resch by Richard Resch On April 17, 2018, the Supreme Court of the United States (“SCOTUS”) issued an opinion in which it instructed that federal courts are required to “look through” …
Family of Man Shot and Killed by San Bernardino Police Agrees to $575,000 Settlement by Christopher Zoukis by Christopher Zoukis The city of San Bernardino, California, along with two of its police officers who shot and killed Jerriel Dashawn Allen, agreed to a settlement of $575,000 with Allen's family, which …
Article • May 23, 2018
Eyewitness Sketches Provide ‘Stormy’ Results, Can Lead to False Convictions by Steve Horn by Steve Horn Stephanie Clifford, the adult film actress known as Stormy Daniels, has set off a flood of media coverage on her claims of having a sexual relationship with President Donald Trump and the subsequent non-disclosure …
Article • May 22, 2018 • from CLN June, 2018
Georgia Supreme Court Vacates Convictions and Sentences Due to Merger Errors by Matthew Clarke by Matt Clarke On December 11, 2017, the Supreme Court of Georgia vacated convictions and sentences for aggravated assault and firearms possession due to a merger error. Thyrell Depree Donaldson, a Georgia state prisoner, appealed his …
Fifth Circuit Holds Prisoner May Sign and Deliver Habeas-Related Motion on Behalf of Fellow Prisoner Under Prison Mailbox Rule by Dale Chappell by Dale Chappell A prisoner may sign and deliver a habeas-related motion to prison officials for timely mailing under the “prison mailbox rule” on behalf of another prisoner, …
Article • May 22, 2018 • from CLN June, 2018
U.S. Supreme Court: Death Penalty Case Involving Racist Juror Requires Further Consideration by Christopher Zoukis by Christopher Zoukis In a brief per curiam opinion, the United States Supreme Court vacated an Eleventh Circuit Court of Appeals decision that foreclosed potential relief for a prisoner on death row whose conviction may …
Article • May 22, 2018 • from CLN June, 2018
Filed under: Appeals, Sentencing, Tax Law
U.S. Supreme Court Resolves Split Among Circuit Courts of Appeals on Tax Code § 7212(a) by Richard Resch by Richard Resch The Supreme Court of the United States reversed a defendant’s conviction for violating the second clause of 26 U.S.C.S. § 7212(a) (“Omnibus Clause”). In doing so, the Court announced …
Article • May 22, 2018 • from CLN June, 2018
Ninth Circuit Reverses Drug Smuggling Conviction for Improper Exclusion of Evidence of Third-Party Culpability by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Ninth Circuit reversed a defendant’s conviction for importation of methamphetamine because the district court improperly excluded relevant evidence that someone else committed …
Article • May 22, 2018 • from CLN June, 2018
Arizona Supreme Court: Trial Court Must Tell Jury Defendant Ineligible for Parole in Death Penalty Phase by Dale Chappell by Dale Chappell The trial court erred by failing to tell the jury that a defendant was ineligible for parole before its decision to impose the death penalty, the Supreme Court …
Filing • May 22, 2018
Prison Legal News v. Florida DOC, censorship appellate ruling 2018 Case: 15-14220 Date Filed: 05/17/2018 Page: 1 of 48 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 15-14220 ________________________ D.C. Docket No. 4:12-cv-00239-MW-CAS PRISON LEGAL NEWS, A project of the Human Rights Defense Center, …
Article • May 15, 2018 • from CLN June, 2018
Pennsylvania Supreme Court Rules FBI Admission Microscopic Hair Analysis Wrong 90% of the Time is Newly Discovered Fact Allowing Untimely Post-Conviction Relief Petition by Christopher Zoukis by Christopher Zoukis The Pennsylvania Supreme Court allowed the post-conviction relief petition of a prisoner on death row to go forward to hearing based …
New Jersey Student Receives $290,000 Settlement after July 4 Police Assault by Christopher Zoukis by Christopher Zoukis Jonathan Wilson, a 22-year-old student and resident of Middletown, New Jersey, agreed to a $290,000 settlement as a result of being wrongfully assaulted, arrested, and prosecuted by the Red Bank Police Department.      …
Racially Motivated Traffic Stop and Arrest by Texas Police Leads to Settlement by Christopher Zoukis by Christopher Zoukis     After police in Brownsville, Texas, arrested a man for drunk driving and running a red light when tests showed that he was not intoxicated, the man sued for racially motivated …
Brief • May 9, 2018
Estes v. State of Texas, opinion, sexual assault on child penalty, 2018 IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0429-16 RUSSELL LAMAR ESTES, Appellant v. THE STATE OF TEXAS ON STATE’S & APPELLANT’S PETITIONS FOR DISCRETIONARY REVIEW FROM THE SECOND COURT OF APPEALS TARRANT COUNTY K EASLER, J., …
Arrest of War Protesters in Seattle Leads to Civil Rights Settlement by Christopher Zoukis by Christopher Zoukis      Three attendees of a 2006 march against the war in Iraq held in Seattle, Washington, agreed to settle a lawsuit in which they claimed their arrests violated their civil rights.      On …
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