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Article • July 21, 2018 • from CLN August, 2018
Filed under: Jury Instructions
Montana Supreme Court Holds Failure to Instruct Jury on State’s Burden of Proof is Plain Error by Dale Chappell by Dale Chappell It is plain error when a trial court fails to instruct the jury on the burden of proof for justifiable use of force and who carries that burden, …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Settlements, False Arrest
$1 Million Paid by NYC to Settle False Arrest Claim by Oliver Wiggins doesn’t drink. But that didn’t stop the NYPD cop who ran a stop sign and rammed Wiggins’ car from arresting him for driving while impaired. After NYPD Officer Justin Joseph plowed into Wiggins on April 19, 2015, …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Attorneys, Appeals, Sentencing
Pennsylvania Supreme Court Announces New Rule to Allow IAC Claims for Fine-Only Sentences by Dale Chappell by Dale Chappell The Supreme Court of Pennsylvania announced a new rule allowing post-sentencing motions raising ineffective assistance of counsel (“IAC”) claims where only a fine but no prison or probationary time is imposed. …
Article • July 20, 2018 • from CLN August, 2018
Delaware Supreme Court Reverses Criminally Negligent Homicide Because Conduct was ‘Too Remote’ from Cause of Death by Dale Chappell by Dale Chappell Conduct that was “too remote” from the cause of death could not support criminally negligent homicide, the Delaware Supreme Court held, reversing a juvenile’s adjudication. Tracy Cannon and …
Article • July 20, 2018 • from CLN August, 2018
Filed under: Jury Instructions, Juries
Louisiana Supreme Court: Jury May Not Speculate on Guilt When Evidence Is Lacking by Dale Chappell by Dale Chappell Where the evidence was lacking and the jury could only speculate as to the defendant’s guilt, the Supreme Court of Louisiana reversed the defendant’s conviction and entered a judgment of acquittal, …
Article • July 20, 2018 • from CLN August, 2018
Non-Unanimous Jury Verdicts Give Prosecutors ‘Awesome Power’ and Have Racist Roots by Dale Chappell by Dale Chappell Only Louisiana and Oregon allow non-unanimous jury verdicts to convict. In both states, the law allows just 10 of the 12 jurors to agree a person is guilty. While such laws give prosecutors …
Publication • June 27, 2018
Sign-on letter in support of the Private Prison Information Act 2017 June 27, 2018 Re: Endorsement of the Private Prisons Information Act of 2017 Dear Senator: The undersigned organizations committed to government openness and accountability, civil liberties, human rights, and civil rights, write to urge you to support legislation to …
Article • June 26, 2018
Georgia Prisoner Loses Mandamus Appeal Seeking Trial Records by Edward Lyon by Ed Lyon Georgia prisoner James Brock was convicted of several crimes in 2011, two of which were murder. He could have faced a death penalty. Available information did not state his actual sentence(s). Brock filed a mandamus petition …
Article • June 18, 2018 • from CLN July, 2018
Idaho Supreme Court Orders Acquittal for Insufficient Identification of Drug by Matthew Clarke by Matt Clarke On March 2, 2018, the Supreme Court of Idaho vacated a prisoner’s conviction and sentence for possession of a controlled substance and ordered an acquittal because the substance she possessed had not been adequately …
Article • June 18, 2018 • from CLN July, 2018
Filed under: Defenses
Wyoming Supreme Court Adopts ‘Castle Doctrine’ for Cohabitants by Dale Chappell by Dale Chappell In a case of first impression before the Supreme Court of Wyoming, the Court held that a cohabitant who attacks another cohabitant in their shared home may raise the “castle doctrine” in a self-defense argument, defending …
Article • June 18, 2018 • from CLN July, 2018
Ninth Circuit Reverses Conviction for Transporting an Illegal Alien Due to Improper Jury Instruction by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Ninth Circuit reversed a defendant’s conviction for transporting an illegal alien for financial gain because the district court improperly instructed the jury …
Article • June 18, 2018
Filed under: Crime Labs, junk science
Junk Science Puts Innocent People in Prison and Keeps Them There by Matthew Clarke by Matt Clarke It has been years since the National Academy of Sciences and the President’s Council of Advisors on Science and Technology published studies casting serious doubt on courtroom claims of practitioners of “pattern matching” …
Article • June 18, 2018
The Dominant Witness Theory: How Eyewitness Identification Becomes Flawed by Brian Leslie by Brian Leslie Eyewitness interviews are a vital part of any criminal investigation. How police approach, question, and vet witnesses can be a critical factor in why they target a specific suspect. The truth is many police agencies, …
Article • June 18, 2018 • from CLN July, 2018
Filed under: Appeals, Limitations
Florida Supreme Court Announces SOL Defense Must be Raised at Trial to Preserve Issue for Direct Appeal by Richard Resch by Richard Resch In an April 12, 2018 opinion, the Supreme Court of Florida announced that a statute of limitations (“SOL”) defense must be raised in the trial court in …
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” …
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