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Article • February 15, 2022 • from CLN March, 2022
Connecticut Supreme Court Overrules Aquino, Holding Appeal Not Moot Where Defendant Deported During Pendency but Unclear Whether Appealed Conviction Sole Basis for Deportation by Douglas Ankney Holds Model Jury Instruction 2.6-14 Failed to Correctly Inform Jury on Investigative Inadequacy by Douglas Ankney The Supreme Court of Connecticut held that Model …
SCOTUS Holds Ramos’ Unanimous Jury Requirement Is New Procedural Rule and Announces No New Procedural Rule Applies Retroactively on Federal Collateral Review by Dale Chappell by Dale Chappell The Supreme Court of the United States held that its landmark decision issued on April 20, 2020, in Ramos v. Louisiana, 140 …
Article • August 15, 2021 • from CLN September, 2021
Arizona Supreme Court: Trial Court’s Failure to Protect Defendant’s Right to Conflict-Free Counsel May Be Raised on Direct Appeal 16 Massachusetts Supreme Court: Error to Exclude Expert Testimony on Significance of Tattoo to Support Claim of Self-Defense by Douglas Ankney by Douglas Ankney The Supreme Court of Arizona affirmed a …
Article • August 15, 2021 • from CLN September, 2021
The Federal Habeas Corpus: Government’s Response and Your Reply by Dale Chappell by Dale Chappell After working hard to set out the claims in your federal habeas corpus petition, along comes the person having custody over you and files a response in court that recharacterizes your claims and makes you …
Article • July 15, 2021 • from CLN August, 2021
Fourth Circuit: Appeal Waiver Does Not Bar Challenge to Special Conditions Not Orally Pronounced in Open Court by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held that a challenge to non-mandatory conditions of supervised release that were not orally pronounced in open court …
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 …
Multi-Agency Task Forces Manipulate Jurisdiction to Avoid Liability by Casey Bastian by Casey Bastian In July 2014, college student James King was walking to a job when Grand Rapids, Michigan, Detective Todd Allen and FBI Special Agent Douglas Brownback stopped King, believing he was a fugitive in a Michigan crime. …
Ninth Circuit: Rehaif Error Requires Automatic Dismissal of Indictment by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Ninth Circuit held on September 17, 2020, that the Supreme Court’s ruling adding a “knowing” element to a statute requires automatic dismissal of an indictment that lacked that …
Filing • December 2, 2020
Hoever v. Carraway, Correctional Officer, et al., FL, Motion with attached Amici Curiae Brief, 2020 USCA11 Case: 17-10792 Date (1 ofFiled: 40) 12/02/2020 Page: 1 of 12 No. 17-10792 In the United States Court of Appeals for the Eleventh Circuit CONRAAD L. HOEVER, Plaintiff-Appellant-Cross Appellant, v. C. CARRAWAY, Correctional Officer, …
Brief • December 2, 2020
Hoever v. Carraway, Correctional Officer, et al., FL, Motion with attached Amici Curiae Brief, 2020 USCA11 Case: 17-10792 Date (1 ofFiled: 40) 12/02/2020 Page: 1 of 12 No. 17-10792 In the United States Court of Appeals for the Eleventh Circuit CONRAAD L. HOEVER, Plaintiff-Appellant-Cross Appellant, v. C. CARRAWAY, Correctional Officer, …
Article • October 15, 2020 • from CLN November, 2020
Kansas Supreme Court Announces Residual Clause of Law Prohibiting Knife Possession by Felons Unconstitutionally Vague by Anthony Accurso by Anthony Accurso In a decision issued on July 17, 2020, the Supreme Court of Kansas struck the residual clause of the state’s statute prohibiting possession of a knife by a convicted …
Article • September 15, 2020 • from CLN October, 2020
Tenth Circuit: District Court Plainly Erred in Giving Erroneous Constructive Possession of Firearm Instruction, Conviction Reversed by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit reversed Fernando Miguel Samora’s conviction for being a felon in possession of a firearm because the U.S. District Court …
Article • September 15, 2020 • from CLN October, 2020
Seventh Circuit: District Court Abused Discretion by Denying Relief Without First Considering Recalculations Under First Step Act by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for the Western District of Wisconsin abused its discretion when it denied …
Article • September 15, 2020 • from CLN October, 2020
Colorado Supreme Court: Prosecution Prohibited From Arguing Defendant’s Failure to Retreat Showed Lack of Fear, Undermining Claim of Self-Defense by Douglas Ankney by Douglas Ankney The Supreme Court of Colorado held that a trial court erred when it permitted the prosecutor to argue that the defendant’s failure to retreat showed …
Article • September 2, 2020
Slew of Civil Rights Advocates File Amicus Briefs Urging First Circuit to Require Warrants for Searches of Devices at Border by Dale Chappell by Dale Chappell Several amicus briefs on behalf of dozens of civil rights groups and First Amendment scholars were filed in an appeal in the U.S. Court …
Article • July 15, 2020 • from CLN August, 2020
South Carolina Supreme Court: State Cannot Appeal Guilty Plea by David Reutter by David M. Reutter The Supreme Court of South Carolina dismissed the State’s appeal of a guilty plea and affirmed denial of motions to reconsider the sentence for recusal of the trial court. The Court’s order came in …
Article • May 15, 2020 • from CLN June, 2020
Utah Supreme Court: Dismissal of Second Post-Conviction Petition Improper Where First Petition Voluntarily Withdrawn by Douglas Ankney by Douglas Ankney The Supreme Court of Utah held that there was no previous request for post-conviction relief to support dismissal of a second petition under Utah Code § 78B-9-106(1)(d) of the Post-Conviction …
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