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Article • September 15, 2021 • from CLN October, 2021
Seventh Circuit: Cronic Doesn’t Provide Exclusive Situations for its Application, Finds Attorney Abandonment at Sentencing Despite Counsel Being Physically Present by Dale Chappell by Dale Chappell In a case where a defendant’s lawyer was present at sentencing but did “absolutely nothing” to help him, the U.S. Court of Appeals for …
Ninth Circuit: IAC Under Strickland Satisfies Rhines’ ‘Good Cause’ Standard to Stay Federal Habeas Petition, Allowing Exhaustion of State Court Remedies by Dale Chappell by Dale Chappell Finding that the U.S. District Court for the District of Nevada applied the incorrect standard in denying a state prisoner’s request to stay …
Article • June 15, 2021 • from CLN July, 2021
Pennsylvania Supreme Court: Failure to Object to Improper Jury Instruction and Curative Instruction by Court Containing ‘Freudian Slip’ Constitutes IAC by Anthony Accurso by Anthony Accurso The Supreme Court of Pennsylvania found a defendant’s counsel constitutionally ineffective where they failed to object to improper jury instructions, and there was further …
Article • June 15, 2021 • from CLN July, 2021
Illinois Supreme Court Announces Person Seeking Certificate of Innocence Need Only Prove Innocence of Originally Prosecuted Theory of Offense, not Every Conceivable Theory by Matthew Clarke by Matt Clarke The Supreme Court of Illinois held that a petitioner for a certificate of innocence under § 2-702(g)(3) of the Code of …
Article • May 15, 2021 • from CLN June, 2021
Study Shows Innocent People Choose False Guilty Pleas and False Testimony to Gain Benefits by David Reutter by David M. Reutter A study into human tendencies concluded “that the risk of the innocent pleading guilty and falsely implicating others is real and that it is a global phenomenon – one …
Article • May 15, 2021 • from CLN June, 2021
Eleventh Circuit: Lawyer’s Purposeful Late Filing of Habeas Petition Grounds for Equitable Tolling by Dale Chappell by Dale Chappell In a case where habeas counsel purposely waited until it was too late to file a federal habeas corpus petition, the U.S. Court of Appeals for the Eleventh Circuit held on …
Article • April 15, 2021 • from CLN May, 2021
Eighth Circuit Vacates Habeas Denial, Remands to Determine Whether ‘Martinez Exception’ Excused Procedural Default by State Prisoner by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eighth Circuit ruled that the so-called “Martinez exception” should have allowed a procedurally defaulted federal habeas claim of ineffective assistance …
Article • February 15, 2021 • from CLN March, 2021
California Court of Appeal: Counsel Ineffective for Failure to Investigate Mental Health History by Douglas Ankney by Douglas Ankney The California Court of Appeal, First Appellate District, vacated the denial of Patrick Sean O’Hearn’s motion to withdraw his guilty plea after concluding that defense counsel was ineffective for failing to …
Third Circuit: IAC Where Counsel Failed to Object to Accomplice-Liability Jury Instruction in Murder Case That Relieved State of Proving Specific Intent by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Third Circuit held that defense counsel provided ineffective assistance of counsel (“IAC”) for failing to …
SCOTUS Vacates Grant of Habeas Relief, Citing Habeas ‘Deference’ to State Court Decisions by Dale Chappell by Dale Chappell In a decision highlighting the deference to state court decisions under the Antiterrorism and Effective Death Penalty Act (“AEDPA”), the Supreme Court of the United States held on December 14, 2020, …
Article • January 15, 2021 • from CLN February, 2021
Illinois Supreme Court Announces Guilty Plea Doesn’t Bar Postconviction Claim of Actual Innocence and Provides Framework for Review by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Illinois held that a plea of guilty doesn’t bar a defendant from later asserting an actual …
New York Man Exonerated of Murder and Freed After 25 Years in Prison by Douglas Ankney by Douglas Ankney On November 19, 2020, New Yorker Jaythan Kendrick was exonerated of murder and freed from prison after serving 25 years. The Queens County Supreme Court vacated his 1995 conviction based on …
California Supreme Court Vacates Murder Conviction, Finds IAC for Failure to Obtain Expert Testimony on Time of Death by Dale Chappell by Dale Chappell In a case that hinged on the time of death to convict the defendant, the Supreme Court of California granted habeas corpus relief where defense counsel …
Article • December 15, 2020 • from CLN January, 2021
Ninth Circuit Reiterates Presumption of Innocence Remains Until Conviction, Grants Habeas Relief by Dale Chappell by Dale Chappell The U.S. Court of Appeals held that a prosecutor’s repeated statements to a jury that a defendant wasn’t presumed innocent violated the Constitution’s Due Process Clause and granted habeas relief. The case …
Article • October 15, 2020 • from CLN November, 2020
Eighth Circuit: Counsel Ineffective for Not Recognizing § 851 Enhancement Should Not Have Applied by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Eighth Circuit reversed the U.S. District Court for the District of North Dakota’s denial of a defendant’s 28 U.S.C.§ 2255 motion and held …
Article • October 15, 2020 • from CLN November, 2020
Sixth Circuit Finds IAC for Failure to Raise ‘Clearly Foreshadowed’ Change in Law on Appeal by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held on August 20, 2020, that appellate counsel’s failure to raise a “clearly foreshadowed” change in decisional law that would’ve …
Article • September 15, 2020 • from CLN October, 2020
California Court of Appeal Grants Habeas Relief Over Failure to Instruct Jury on ‘Heat of Passion’ by Dale Chappell by Dale Chappell The Court of Appeal of California, Third Appellate District, granted habeas relief on April 3, 2020, in a case where appellate counsel failed to request a jury instruction …
Article • August 15, 2020 • from CLN September, 2020
Sixth Circuit: Prosecutor’s Improper Comments and Counsel’s Failure to Object Require New Trial by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held on May 15, 2020, that a prosecutor’s improper comments to the jury during a murder trial, and counsel’s failure to object …
After a Decade of Fighting, The Last Resort Exoneration Project Finally Frees Two Wrongfully Convicted of Murder by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Kevin Baker and Sean Washington, having served nearly 25 years on a double murder sentence and facing life in prison, never gave up hope because …
Article • August 15, 2020 • from CLN September, 2020
Wrongfully Convicted Virginians Now Have Chance to Prove Innocence Due to Amendments to Writ of Actual Innocence by Douglas Ankney by Douglas Ankney Perhaps now those who are actually innocent in Virginia will be able to prove their claims, thanks to legislation signed by Governor Ralph Northam. The Writ of …
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