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Article • June 17, 2018 • from CLN July, 2018
Ninth Circuit: California Carjacking Not a Crime of Violence Post-Johnson by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Ninth Circuit ruled on January 29, 2018, that California’s carjacking law, Penal Code § 215(a), no longer constitutes a crime of violence under 8 U.S.C. § …
Sixth Circuit: Statute of Limitations for § 1983 Claim Accrues When Criminal Proceedings are Terminated by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Sixth Circuit ruled on March 15, 2018, that a claim for prosecutorial misconduct, brought by a wrongfully convicted defendant, does not …
Article • May 22, 2018 • from CLN June, 2018
‘Serious Bodily Harm’ Does Not Include Animals, Massachusetts Supreme Court Holds by Dale Chappell by Dale Chappell The term “serious bodily harm” does not include harm to animals, unless the statute expressly says so, the Supreme Judicial Court of Massachusetts held, tossing out a youthful offender indictment. After a 14-year-old …
Article • May 22, 2018 • from CLN June, 2018
Georgia Supreme Court Vacates Convictions and Sentences Due to Merger Errors by Matthew Clarke by Matt Clarke On December 11, 2017, the Supreme Court of Georgia vacated convictions and sentences for aggravated assault and firearms possession due to a merger error. Thyrell Depree Donaldson, a Georgia state prisoner, appealed his …
Article • May 22, 2018 • from CLN June, 2018
Ohio Supreme Court Holds State Cannot Prove ‘Bulk Amount’ of Fentanyl Under Statute by Dale Chappell by Dale Chappell Because no standard pharmaceutical reference manual specifies a maximum daily dose in the usual dose range for fentanyl, a defendant’s conviction for aggravated possession of a “bulk amount” of the drug …
Article • May 22, 2018 • from CLN June, 2018
Colorado Supreme Court: Conviction of Drunk Motorist for Attempted Reckless Manslaughter and Attempted Second Degree Assault Requires Risk to Discernable Person, Not Merely Public At-Large by Christopher Zoukis by Christopher Zoukis The Colorado Supreme Court struck down the convictions of a habitual drunk driver because the convictions — one for …
Innocence be Damned: Prosecutors Who Disregard Justice in Push to Win at Any Cost by Dale Chappell by Dale Chappell The prosecutor’s goal “is not that it shall win a case, but that justice shall be done,” the U.S. Supreme Court declared in Berger v. United States, 295 U.S. 78 …
Article • May 15, 2018 • from CLN June, 2018
‘Shaken Baby Syndrome’ Diagnoses Discredited, Convictions Questioned by Matthew Clarke by Matthew Clarke The term “junk science” does not quite cover the revolution in our understanding of the diagnosis of shaken baby syndrome. Medical experts now know that their belief in how to diagnose a clear sign of child abuse …
Article • May 15, 2018 • from CLN June, 2018
Drug-Induced Homicide Laws Hurt Rather Than Help Opioid Overdose Crisis by Dale Chappell by Dale Chappell Lawmakers and prosecutors just don’t get it. Instead of treatment and prevention of opioid overdoses, lawmakers and prosecutors are pushing for more convictions under draconian drug-induced homicide laws in response to America’s deadly crisis. …
Article • April 19, 2018 • from CLN May, 2018
New Washington State Law Removes ‘Actual Malice’ Roadblock in Police Prosecutions by Derek Gilna by Derek Gilna Two new Washington state laws have removed a statutory impediment to state prosecutors holding police officers accountable for reckless or negligent conduct. The measures eliminate the barrier of having to prove “malice” or …
Article • April 19, 2018 • from CLN May, 2018
Former Civil Rights Lawyer Krasner Puts Justice Reform into Practice as New Philly DA by Derek Gilna by Derek Gilna For decades, politicians have won many elections by promising to be “tough on crime,” which translated into escalating prisoner counts, unbalanced budgets, and societal disintegration of the inner city. In …
Article • April 19, 2018 • from CLN May, 2018
Mississippi Supreme Court Reverses Conviction Ruling; State Failed to Prove ‘Constructive Possession’ of Marijuana by Dale Chappell by Dale Chappell The State failed to prove that packages of marijuana hidden in a car truck were in the “constructive possession” of a passenger, who was unaware they were there especially when …
Article • April 19, 2018 • from CLN May, 2018
Texas District Attorney Stops Prosecuting Trace Drug Cases by In 2017, Harris County District Attorney Kim Ogg changed an office policy by stopping the prosecution of thousands of trace drug cases from the Houston, Texas area. In doing so, Ogg fulfilled promises made during her unsuccessful 2014 campaign and her …
Article • April 19, 2018 • from CLN May, 2018
U.S. District Court in Georgia Holds Spousal Testimonial Privilege Applies to Pre-Marital Events by On October 15, 2015, Joshua Davis, who then worked as a Brink’s driver, allegedly stole about $170,000 in credit-union funds skimmed from the collections he picked up at eight ATMs that he and co-worker Naheem Carrington …
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 • March 16, 2018 • from CLN April, 2018
Pennsylvania Supremes: Modified “Vertical” Approach to Collective Knowledge Doctrine by Richard Resch by Richard Resch In January 2018, the Pennsylvania Supreme Court refined the contours of the collective knowledge doctrine as it exists in the Commonwealth. The doctrine relates to the warrantless seizure of a person by an officer acting as …
Article • March 16, 2018 • from CLN April, 2018
Defense Fails to Present Diminished Capacity, Ninth Circuit Vacates Murder Convictions by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Ninth Circuit granted a California state prisoner’s petition for a writ of habeas corpus and vacated the prisoner’s convictions for first degree murder. The Court, in …
Article • February 16, 2018 • from CLN March, 2018
Driver’s License Required for Conviction as Florida Habitual Traffic Offender by David Reutter by David Reutter The Florida Supreme Court held that possession of a driver’s license is a prerequisite to a conviction as a habitual traffic offender under section 322.34(5), Florida Statutes. Daryl Miller was charged with a third …
Article • February 16, 2018 • from CLN March, 2018
Few Indigent Defendants Have Lawyer at Arraignment by Mark Wilson by Mark Wilson "Giving defendants a lawyer, treating them with respect, and honoring the Constitution give them more confidence in what we’re trying to do,” observes Michigan District Court Judge Tom Boyd. “That starts with giving them the respect they …
Article • February 16, 2018 • from CLN March, 2018
Massachusetts Supreme Court: Sleeping Juror Is “Structural Error,” Requires Intervention by Dale Chappell by Dale Chappell The Massachusetts Supreme Court reversed convictions for involuntary manslaughter and assault and battery and ordered a new trial because the trial judge failed to conduct voir dire after the prosecutor advised that some jurors …
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