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Article • May 15, 2024 • from CLN May, 2024
Filed under: Double jeopardy
SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment by Richard Resch by Richard Resch In a unanimous opinion, the Supreme Court of the United States held that a jury’s verdict of not guilty by reason of insanity is an “acquittal” …
Article • March 15, 2024 • from CLN March, 2024
Interactive Lineups Are a Promising New Tool to Improve Accuracy of Suspect Identification by Eyewitnesses by Jo Ellen Nott by Jo Ellen Nott Wrongful convictions are a troubling aspect of the criminal justice system in the United States. Most experts estimate the rate of falsely convicted prisoners to be between …
Article • March 15, 2024 • from CLN March, 2024
Pennsylvania Supreme Court: Failure to Disclosure Mental Health Report Showing Key Witness Was a Sociopath Constitutes Brady Violation That Prejudiced Defendant by Anthony Accurso by Anthony W. Accurso The Supreme Court of Pennsylvania upheld the ruling of a lower court granting a writ of habeas corpus upon finding that the …
Article • January 15, 2024 • from CLN January, 2024
Filed under: Double jeopardy
New Mexico Supreme Court Clarifies When Reviewing Double Jeopardy Claims, Court to Apply Blockburger’s Strict-Elements Test or Modified Strict-Elements Test—Not Both by Douglas Ankney by Douglas Ankney The Supreme Court of New Mexico clarified that when reviewing claims of double jeopardy, the court is to apply either the strict-elements test …
Article • December 15, 2023 • from CLN December, 2023
Kentucky Supreme Court Clarifies When Lesser-Included Offense Instruction Must Be Provided, Reverses Convictions Based on Trial Court’s Failure to Properly Instruct Jury by Matthew Clarke by Matt Clarke The Supreme Court of Kentucky reversed convictions for first-degree wanton endangerment (“FDWE”) and first-degree persistent felony offender, holding that the trial court …
Article • October 1, 2023 • from CLN October, 2023
D.C. Circuit Orders New Trial Due to Brady Violations Involving Source of Information, Not Withholding of Information Itself by Richard Resch by Richard Resch The U.S. Court of Appeals for the D.C. Circuit held that the prosecution violated its Brady disclosure obligations by withholding multiple law enforcement reports from the …
Article • June 15, 2023 • from CLN July, 2023
Police Sketch Bot Arrives by Carlo Difundo by Carlos Difundo It is one of those things that seems to be a great idea at first. Once in place though, it becomes something very different. That happened when two coders created Forensic Sketch AI-rtist. The tool was simple enough given the …
Louisiana Supreme Court Announces Conviction of Lesser Included Offense Subsequently Vacated as Unconstitutional Constitutes Implied Acquittal of Higher Charge; Double Jeopardy Bars Retrial on Higher Charge by Jacob Barrett by Jacob Barrett In a case of first impression, the Supreme Court of Louisiana held double jeopardy bars the reinstatement and …
Article • September 15, 2022 • from CLN October, 2022
New Mexico Supreme Court Announces Judicial Misconduct May Bar Retrial Under Double Jeopardy Clause of State Constitution by Douglas Ankney by Douglas Ankney In a case of first impression, theNew Mexico Supreme Court (“NMSC”) announced that judicial misconduct may bar retrial under the double jeopardy clause of the New Mexico …
Article • July 15, 2022 • from CLN August, 2022
Filed under: Double jeopardy
Michigan Supreme Court Announces Punishment for Second-Degree Murder and Involuntary Manslaughter When Based on Same Conduct Violates Prohibition Against Double Jeopardy by Anthony Accurso by Anthony W. Accurso The Supreme Court of Michigan ruled that the Legislature intended that no person be punished under both the state’s second-degree murder statute, …
Article • March 15, 2022 • from CLN April, 2022
First Circuit: Appellate Counsel’s Failure to Raise Brady Claim on Direct Appeal Constituted Ineffective Assistance of Counsel Under Strickland, § 2255 Motion Granted by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the First Circuit reversed the U.S. District Court for the District of Puerto Rico’s …
Article • June 15, 2021 • from CLN July, 2021
Filed under: Double jeopardy
California Court of Appeal: Defendant Cannot Be Convicted of Robbery and Kidnapping to Commit Robbery for Same Act by Anthony Accurso by Anthony Accurso The Court of Appeal of California, Second Appellate District, Division Eight, vacated a defendant’s conviction for robbery because he had been convicted for kidnapping to commit …
Article • June 15, 2021 • from CLN July, 2021
Mississippi Supreme Court Reverses Conviction due to Double Jeopardy Violation Because of Mistrial Without Manifest Necessity in Initial Trial by Matthew Clarke by Matt Clarke The Supreme Court of Mississippi held that a conviction for attempted burglary of a dwelling with the intent to commit larceny was invalid and retrial …
Article • April 15, 2021 • from CLN May, 2021
Ohio Supreme Court: Imposing Two Punishments for One Quantity of Mixture of Heroin and Fentanyl Violates Double Jeopardy by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio held thatimposition of two punishments for one quantity of drugs violates double jeopardy. Officers executed a search warrant of Kenny Pendleton’s …
Article • February 15, 2021 • from CLN March, 2021
Third Circuit Announces Prohibition Against Second Resentencing Under First Step Act Can Be Waived by Government by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Third Circuit handed down an opinion on December 21, 2020, holding that the prohibition against a subsequent resentencing in § 404(c) …
Article • January 15, 2021 • from CLN February, 2021
First Circuit: Double Jeopardy Protections Bar Government From Seeking Death Penalty at Retrial Where Jury’s Verdict Not Imposing Death at First Trial Ambiguous, and Trial Court Prematurely Declared Mistrial by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit ruled that the Government is barred …
Article • January 15, 2021 • from CLN February, 2021
Colorado Supreme Court: Dividing Multiple Images of Child Pornography Into Multiple Batches to Charge Multiple Counts Violates Double Jeopardy by Dale Chappell by Dale Chappell The Supreme Court of Colorado held on December 14, 2020, that dividing up multiple images of child pornography in order to charge a defendant with …
Article • December 15, 2020 • from CLN January, 2021
Michigan Supreme Court Reverses Murder Conviction Due to Unreliable, Suggestive Showup by Matthew Clarke by Matt Clarke The Supreme Court of Michigan held that a showup identification of the alleged shooter in a murder case was impermissibly suggestive and unreliable. Because the prosecution’s case was “significantly less persuasive” without the …
Article • December 15, 2020 • from CLN January, 2021
First Circuit: Prosecution Under Puerto Rico and Federal Law for Same Drug Offense Constitutes Double Jeopardy by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the First Circuit ruled that the Double Jeopardy Clause of the Fifth Amendment requires dismissal of a count in a federal indictment …
Article • November 15, 2020 • from CLN December, 2020
Filed under: Double jeopardy
Colorado Supreme Court: Convictions for Murder and Attempted Murder Violate Double Jeopardy by Douglas Ankney by Douglas Ankney The Supreme Court of Colorado held that Brandon Jackson’s convictions for both murder and attempted murder violate the protections against double jeopardy. Jackson, along with other members of the gang known as …
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