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Article • June 18, 2018 • from CLN July, 2018
Ninth Circuit: Violations Alleged After Expiration of Supervised Release Term Must be Factually Related to Pre-Expiration Allegation by Richard Resch by Richard Resch In a February 28, 2018, opinion, the U.S. Court of Appeals for the Ninth Circuit ruled that U.S. District Courts may not base a revocation of supervised …
Article • June 18, 2018 • from CLN July, 2018
Filed under: Attorneys, Sentencing
Delaware Supreme Court Describes What Constitutes ‘Effective’ Counsel at Sentencing by Dale Chappell by Dale Chappell Providing a lesson on what defense lawyers should and should not do to get their client a lower sentence, the Supreme Court of Delaware held that counsel was ineffective when he met with his …
Article • June 18, 2018 • from CLN July, 2018
Golden State Killer Suspect Arrest Opens Floodgates for Law Enforcement Use of DNA Websites by Steve Horn by Steve Horn The use of DNA-based genealogy websites to track down Joseph DeAngelo — the “Golden State Killer” suspect — appears to have inspired police departments nationwide. It’s a move that has irked privacy advocates …
Article • June 18, 2018 • from CLN July, 2018
Pennsylvania Supreme Court Holds Any Search of Cellphone Requires Warrant by Dale Chappell by Dale Chappell The Supreme Court of Pennsylvania made it clear: “If a member of law enforcement wishes to obtain information from a cellphone, get a warrant.” The Court held that turning on, as well as digging …
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 • from CLN July, 2018
Filed under: Sentencing
Eleventh Circuit Clarifies When a Court Must Conduct Resentencing Following § 2255 Relief by Dale Chappell by Dale Chappell In an issue of first impression for the U.S. Court of Appeals for the Eleventh Circuit, the Court clarified when a district court must hold a resentencing hearing, rather than summarily …
Article • June 18, 2018 • from CLN July, 2018
Filed under: Gang Policies, Sentencing
California Court of Appeal Rejects Gang Enhancement Based on Expert Witness’ Case-Specific Hearsay Evidence by Christopher Zoukis by Christopher Zoukis The Court of Appeal of California, Fourth Appellate District, Division Two reversed a trial court’s imposition of a gang enhancement on a defendant when the evidence of gang activity consisted …
Article • June 18, 2018 • from CLN July, 2018
Third Circuit Reverses Occupational Restriction in Excess of Statutory Maximum for Supervised Release by Matthew Clarke by Matt Clarke On September 14, 2017, the U.S. Court of Appeals for the Third Circuit reversed the portion of the sentence that restricted a former Realtor who had pleaded guilty to one count …
Article • June 18, 2018 • from CLN July, 2018
New Mexico Supreme Court Reverses Convictions Based on Double Jeopardy Violations by Christopher Zoukis by Christopher Zoukis The Supreme Court of New Mexico reversed a defendant’s convictions for shooting at a dwelling resulting in death or great bodily harm and conspiracy to shoot at a dwelling based on a violation …
Article • June 18, 2018 • from CLN July, 2018
Filed under: Wrongful Conviction
Virginia Supreme Court Grants Relief Under Revised Actual Innocence Statute by Dale Chappell by Dale Chappell The change of a single word in Virginia’s actual innocence statute “fundamentally changed the nature” of actual innocence inquiries, the Supreme Court of Virginia announced, finding a petitioner proved his actual innocence under the …
Article • June 18, 2018 • from CLN July, 2018
Filed under: Attorney Client
Colorado High Court Clarifies Crime-Fraud Exception to Attorney-Client Privilege by Dale Chappell by Dale Chappell In a case of first impression, the Supreme Court of Colorado held February 5, 2018, that a party seeking to invoke the crime-fraud exception to the attorney-client privilege must demonstrate “probable cause” that a crime …
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
Filed under: Attorneys, Sixth Amendment
SCOTUS: Sixth Amendment Right to Autonomy — Attorney Cannot Overrule Client’s Decision to Assert Innocence at Trial by Richard Resch by Richard Resch On May 14, 2018, the Supreme Court of the United States (“SCOTUS”) issued a major decision affirming criminal defendants’ Sixth Amendment right to assert their innocence at …
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 18, 2018 • from CLN July, 2018
Filed under: Criminal Procedure
Colorado Supreme Court: ‘Entry of Judgment’ for New Trial Motion Means Both Conviction and Imposition of Sentence by Dale Chappell by Dale Chappell “Entry of judgment” for purposes of a motion for new trial under Criminal Procedure Rule 33(c) means the finding of guilt and the imposition of a sentence, …
Andrews v. Rauner, IL, Response in Opposition to Motion for Dismissal of Counts 2 and 3, Failure to Treat Mental Health, 2018 1:18-cv-01101-SEM-TSH # 21 Page 1 of 12 E-FILED Monday, 18 June, 2018 11:48:22 PM Clerk, U.S. District Court, ILCD IN THE UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF …
Brief • June 18, 2018
Martinez v. County of Los Angeles, CA, Settlement Agreement, Wrongful Death (Police Shooting), 2018 SETTLEMENT AGRimMRNT AND RELEASE OF ALL CLAIMS This Settlement Agreement And Mutual Release of All Claims ("Agreement") is entered into between the following parties ("the Parties"): Plaintiffs Roberto Martinez, Antonia martinez and HIii a minor, by …
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