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Article • February 19, 2020 • from CLN March, 2020
Critics Claim Thin Blue Line Protects Cops and Prosecutors in Orange County, California by Bill Barton by Bill Barton At about 6 a.m., August 19, 2018, Orange County police officer Michael Devitt yanked Mohamed Sayem from his Jeep and punched him several times in the face and stomach, an incident …
Article • February 19, 2020 • from CLN March, 2020
Filed under: Prosecutors
Prosecutors Transform Due Process into ‘Dues Processed’ by Douglas Ankney by Douglas Ankney Criminal justice reform advocates often espouse pretrial diversion programs. These programs permit accused citizens to pay a fee and take a class or two in exchange for dismissal of the charges and a clean record. The prosecutor …
Article • February 19, 2020 • from CLN March, 2020
Federal Prosecutor’s Office in Kansas Considers It Acceptable to Listen to Attorney-Client Conversations by Kevin Bliss by Kevin Bliss United States District Court Judge Julie Robinson released a 188-page opinion August 13, 2019, holding the Kansas branch of the U.S. Attorney’s Office (“USAO”) in contempt for deliberate obfuscation and misrepresentation …
Article • February 19, 2020 • from CLN March, 2020
Second Circuit Holds Appointment of Counsel for Direct Appeal Not Subject to Frivolousness Rule by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Second Circuit held in forma pauperis (“IFP”) “motions on direct criminal appeals are not subject to a merits determination under [28 U.S.C.] Section …
Article • February 18, 2020 • from CLN March, 2020
Prosecutorial Misconduct: Justice Denied as the System Turns a Blind Eye by Christopher Zoukis by Christopher Zoukis How do rogue forensic scientists and other bad cops thrive in our criminal justice system? The simple answer is that some prosecutors turn a blind eye to such misconduct because they’re more interested …
Article • January 21, 2020 • from CLN February, 2020
South Carolina Supreme Court Grants New Trial Due to Prosecutor’s Prejudicial Closing Remarks by Douglas Ankney by Douglas Ankney The Supreme Court of South Carolina granted a new trial to Oscar Fortune after the Court determined Fortune’s due process rights were violated by prejudicial remarks from the prosecutor during closing …
Article • January 21, 2020 • from CLN February, 2020
Filed under: Attorneys
3d Circuit: Counsel’s Failure to Investigate Drug Properties for Analogous Drug Comparison at Sentencing Constitutes Ineffective Assistance by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit ruled that an attorney’s failure to investigate the properties of methylone after the pre-sentence report (“PSR”) stated the …
Article • January 20, 2020 • from CLN February, 2020
Filed under: Attorneys
Federal District Court Grants § 2255 Motion, Finds IAC for Failure to Object to Government’s ‘Misstatement of Law’ During Trial by Dale Chappell by Dale Chappell The U.S. District Court for the District of Kansas granted a motion to vacate a conviction under 28 U.S.C. § 2255 on October 22, …
Article • December 17, 2019 • from CLN January, 2020
Filed under: Attorneys
Refusing to Permit Attorney to Make Offer of Proof Is Abuse of Discretion, Says Indiana Supreme Court by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana held that a superior court abuses its discretion when it refuses to allow an attorney to make an offer of proof when …
Article • December 1, 2019
Filed under: Attorneys, Trials
‘Awful’ Oregon Closing Argument Constitutes Ineffective Assistance of Trial Counsel by Mark Wilson by Mark Wilson The Oregon Court of Appeals held that a criminal defense attorney’s closing argument was so deficient to constitute ineffective assistance of counsel. Police searched a large Albany, Oregon, property after receiving a tip that …
Article • December 1, 2019
Misadvice About Oregon Time-Served Credit is Ineffective Assistance of Counsel by Mark Wilson by Mark Wilson  The Oregon Court of Appeals held that misinformation during plea negotiations about time-served credit constitutes ineffective assistance of trial counsel. On September 9, 2011, the State of Oregon charged Omteme Moni Blayas Sanders with …
Article • November 18, 2019 • from CLN December, 2019
Filed under: Appointment of Counsel
South Carolina Supreme Court Grants New Trial Based on IAC Because of Botched Alibi Defense by Dale Chappell by Dale Chappell A unanimous Supreme Court of South Carolina held that trial counsel was constitutionally ineffective for failing to present specific details of an alibi defense that the Court said undermined …
Filing • October 24, 2019
Prison Legal News v Inch, Florida DOC censorship case, attorney fee order, 2019 Case 4:12-cv-00239-MW-CAS Document 357 Filed 10/22/19 Page 1 of 36 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION PRISON LEGAL NEWS, Plaintiff, v. CASE NO. 4:12cv239-MW/CAS MARK S. INCH, in his official capacity …
Article • October 16, 2019 • from CLN November, 2019
Filed under: Attorneys, Trials
10th Circuit: District Court Must Ensure When Defendant Waives Right to Counsel He Understands He’s Required to Adhere to Federal Procedural and Evidentiary Rules by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit ruled that a district court must ensure that when a criminal …
Article • October 16, 2019 • from CLN November, 2019
Ninth Circuit Rules IAC for Failure to Investigate Mitigating Evidence During Penalty Phase of Capital Trial by Anthony Accurso by Anthony Accurso  The U.S. Court of Appeals for the Ninth Circuit held the California Supreme Court was objectively unreasonable when it denied defendant’s claim that his lawyer provided ineffective assistance …
Filing • October 10, 2019
H.C. vs. Bradshaw, FL, Order on Motion for Attorney's Fees, Juvenile Solitary Confinement, 2019 Case 9:18-cv-80810-WM Document 100 Entered on FLSD Docket 10/10/2019 Page 1 of 29 UNITED STATES DISTRICT COURT SO UTHERN D ISTRICT OF FLORID A CivilN o.18-cv-80810-M atthewm an H .C .,etal., FILED BY Plaintiffs, D,C. 02T …
Article • September 17, 2019 • from CLN October, 2019
Filed under: Attorneys, Appeals
First Circuit Rules Appeal Waiver Does Not Relieve Counsel of Duty to Consult About an Appeal by Dale Chappell by Dale Chappell In a case applying a newly minted U.S. Supreme Court decision, the U.S. Court of Appeals for the First Circuit held that an appeal waiver in a plea …
Article • September 14, 2019
No Attorney Fees for Pro Se Attorney Under FOIA by The Fifth Circuit Court of Appeals held an attorney appearing pro se cannot recover attorney fees under the Freedom of Information Act (FOIA). Immigration attorney Michael W. Gahagan uses FOIA to obtain government documents to assist his clients and for …
Article • August 19, 2019 • from CLN September, 2019
Sixth Circuit: Prosecutor’s Numerous Improper Comments Constitute Flagrant Misconduct Depriving Defendants of a Fair Trial by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Sixth Circuit vacated the conviction of two defendants on possession with intent to distribute methamphetamine charges because the prosecutor’s numerous improper comments …
Article • August 19, 2019 • from CLN September, 2019
Fourth Circuit Reverses Lower Court for Giving Dispositive Weight to Plea Agreement Language Rather Than Fact-Based Evaluation of Weight of Evidence in IAC Claim by David M. Reutter by David M. Reutter The U.S. Court of Appeals for the Fourth Circuit ruled that an attorney rendered ineffective assistance of counsel …
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