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Article • April 19, 2018 • from CLN May, 2018
California Supreme Court Grants Habeas Petition and Vacates Capital Murder Conviction Due to False Expert Testimony at Trial by Richard Resch by Richard Resch The Supreme Court of California granted a death row prisoner’s petition for writ of habeas corpus based upon the introduction of false evidence at trial and …
Article • April 19, 2018 • from CLN May, 2018
$42 Million Paid Out in Decade of New Jersey Police Criminality, Abuse by Local governments in New Jersey have had to pay out more than $42 million over the last 10 years because of police criminality and abuse, according to a new series of investigative reports by the Asbury Park …
Article • April 19, 2018 • from CLN May, 2018
Eleventh Circuit Holds Court May Not Dismiss 2255 Motion by Invoking Collateral Attack Waiver Sua Sponte by Dale Chappell by Dale Chappell A U.S. district court cannot, “of its own volition,” invoke a collateral attack waiver in a plea agreement to dismiss a § 2255 motion, the U.S. Court of …
Article • April 19, 2018 • from CLN May, 2018
N.C. Supreme Court Rules Deficient Indictment Not Jurisdictional and Issue Can’t be Raised for First Time on Appeal by Dale Chappell by Dale Chappell Deviations from statutory requirements are not jurisdictional and must be “properly preserved” for appellate review and not raised for the first time on appeal, the North …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Guilty Pleas, Appeals
Guilty Plea Does Not Foreclose Challenge To Constitutionality Of Conviction, U.S. Supreme Court Decides by Brandon Sample by Brandon Sample, Esq. Rodney Class pleaded guilty to illegally possessing a firearm on the U.S. Capitol grounds. Notwithstanding his guilty plea, Class appealed his conviction to the U.S. Court of Appeals for …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Defenses, Jury Instructions
Texas Court of Criminal Appeals Holds Defendant Entitled to Self-Defense Jury Charge if There is Any Evidence to Support It by Matthew Clarke by Matt Clarke On September 27, 2017, the Court of Criminal Appeals of Texas held that a judge must issue a jury charge on self-defense in a …
Article • April 16, 2018
7th Circuit Affirms Dismissal of Illinois Prisoner's Civil Rights Lawsuit by Matthew Clarke
Brief • April 16, 2018
Filed under: Trials, Sixth Amendment
Idaho v. Vasquez, ID, opinion, trial court structural defect error, 2018 IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 45346 STATE OF IDAHO, ) ) ) ) ) ) ) ) ) ) ) Plaintiff-Respondent, v. IDA PEREZ VASQUEZ, Defendant-Appellant. Boise, January 2018 Term 2018 Opinion No. …
Brief • April 10, 2018
All of Us or None-LA v. Logan, CA, Felon Disenfranchisement, Complaint, 2018 1 2 3 4 5 6 7 8 IO 11 12 13. Joshua E. Kim (SBN 257260) Stephanie Lin (SBN 293696) A NEW WAY OF LIFE RE-ENTRY PROJECT 9512 S. Central Ave. Los Angeles, California 90002 Ph: (323) …
Brief • April 4, 2018
State of Hawaii v. Williander, opinion, denial of compulsory process at trial, 2018 *** FOR PUBLICATION IN WEST’S HAWAI#I REPORTS AND PACIFIC REPORTER *** Electronically Filed Supreme Court SCWC-15-0000759 04-APR-2018 08:34 AM IN THE SUPREME COURT OF THE STATE OF HAWAI#I ---o0o--STATE OF HAWAI#I, Respondent/Plaintiff-Appellee, vs. GJ WILLIANDER, Petitioner/Defendant-Appellant. SCWC-15-0000759 …
Indigent Defense in America: An Affront to Justice by Christopher Zoukis by Christopher Zoukis The Sixth Amendment to the United States Constitution provides that “[i]n all criminal prosecutions, the accused shall have the right ... to have the Assistance of Counsel for his defense.” What exactly the “right” to counsel in …
Not Disclosed: NSA-Obtained Evidence by Derek Gilna by Derek Gilna The Intercept has revealed that Foreign Intelligence Surveillance Act (“FISA”) evidence is frequently being used to convict people in federal court without disclosing to defendants that such evidence is being relied upon, as required by federal law. “The FBI frequently searches …
Article • March 16, 2018 • from CLN April, 2018
Georgia Attempts to Limit Access to Official State Law by Derek Gilna by Derek Gilna The State of Georgia has sued to block publication on the internet of its Official Code of Georgia Annotated (“OCGA”) by a nonprofit organization called Public Resource. The group wants to publish the OCGA on the …
Article • March 16, 2018 • from CLN April, 2018
Witness Misidentification: Ohio Man’s 14 Convictions Vacated by Mark Wilson by Mark Wilson An Ohio man who was convicted of a violent home invasion robbery on the basis of faulty eyewitness identifications was exonerated just minutes before being sentenced to a lengthy prison term. On February 5, 2017, a man …
Brief • March 1, 2018
United States v. Bowman, NC, Opinion, Witness Intimidation, 2018 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-4848 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. BRIAN BOWMAN, Defendant – Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. …
Article • February 22, 2018
ACLU Charges Police With Withholding Public Records by Norma Gonzalez The American Civil Liberties Union of Northern California filed a lawsuit in Fresno County Superior Court, contending that city and police officials have violated the California Public Records Act, which typically requires public agencies to make records available within 10 …
Brief • February 9, 2018
Alliance for Constitutional Sex Offense Laws v. California DOC, CA, Petition for Writ of Mandate, 2017, SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO DATE/TIME February 9, 2018, 10:30 a.m. JUDGE HON. ALLEN SUMNER DEPT. NO CLERK 42 M. GARCIA ALLIANCE FOR CONSTITUTIONAL SEX OFFENSE LAWS, et al., Case No.: 34-2017-80002581 …
Article • February 8, 2018
FOIL Exemption Applies to Civil and Criminal Law Enforcement by David Reutter by David Reutters A New York appellate court held that the New York State Education Department correctly redacted or exempted public records compiled for auditing special education costs because they were compiled for civil law enforcement purposes. The …
Article • February 8, 2018
Organizations Acting as Government Subject to Public Records, Open Meetings Laws by David Reutter by David Reutter A Tennessee Court of Appeals reversed a trial court’s decision that the Jefferson County Economics Development and Oversight Committee, Inc. (EDOC) is not subject to provisions of the State Public Records and Open …
Brief • February 1, 2018
Filed under: Voting, Summary Judgment
Hand v. Scott, FL, Order for Summary Judgment, Voting Rights, 2018 Case 4:17-cv-00128-MW-CAS Document 144 Filed 02/01/18 Page 1 of 43 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION JAMES MICHAEL HAND, et al., Plaintiffs, v. Case No. 4:17cv128-MW/CAS RICK SCOTT, in his official capacity as Governor of …
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