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Article • August 17, 2018 • from CLN September, 2018
Filed under: Guilty Pleas, Judiciary, Trials
South Dakota Supreme Court Rules that Trial Court Cannot Reject a Plea Agreement It Already Implicitly Accepted by Christopher Zoukis by Christopher Zoukis The Supreme Court of the State of South Dakota reversed a trial court’s decision to reject a binding plea agreement because it had already implicitly accepted the …
Two Men Unlawfully Searched and Falsely Arrested for Sitting in Vehicle Settle with Middletown, N.Y., Cops by Christopher Zoukis by Christopher Zoukis Patrick Ammirati and James Esposito, who were arrested and prosecuted over a speck that wasn’t even a drug after Middletown, New York, police found them suspiciously sitting in …
Article • July 1, 2018
False Arrest of Florida Attorney by Fort Lauderdale Police Results in $600,000 Verdict by Christopher Zoukis by Christopher Zoukis Samuel Yeboah, who was arrested after he requested to observe a roadside sobriety test being performed on his client, was awarded $600,000 against the City of Fort Lauderdale for false arrest …
Article • June 17, 2018 • from CLN July, 2018
Ohio Supreme Court: Prisoner Entitled to Results of Post-Conviction DNA Profile by Matthew Clarke by Matt Clarke On March 6, 2018, the Supreme Court of Ohio held that the State must provide a prisoner the DNA profile created after his application for post-conviction DNA testing of crime-scene evidence was granted. …
NYC Board of Correction: Second Assessment of the New York City Department of Correction Inmate Grievance System, 2018 Second Assessment of the New York City Department of Correction Inmate Grievance System June 2018 Table of Contents I. Background ..................................................................................................................................... 3 II. Summary of Findings .................................................................................................................... 5 III. Recommendations for Improving …
Article • May 21, 2018 • from CLN June, 2018
Iowa Supreme Court Rules District Courts Have Authority to Hear Postconviction Relief Actions Involving Deprivation of Liberty or Property Interest by David Reutter by David Reutter The Supreme Court of Iowa held that a motion for postconviction relief is the proper vehicle to challenge a substantial deprivation of liberty or …
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 21, 2018 • from CLN June, 2018
Filed under: Guilty Pleas, Sentencing
D.C. Circuit Vacates Sentence Because Government Breached Plea Agreement by Providing Defendant’s Confidential Statements to Sentencing Court by Dale Chappell by Dale Chappell The government’s use of incriminating statements made by a defendant at a confidential debriefing breached the plea agreement and constituted “plain error” when the government disclosed that …
Arrest of War Protesters in Seattle Leads to Civil Rights Settlement by Christopher Zoukis by Christopher Zoukis      Three attendees of a 2006 march against the war in Iraq held in Seattle, Washington, agreed to settle a lawsuit in which they claimed their arrests violated their civil rights.      On …
Article • April 19, 2018 • from CLN May, 2018
Eleventh Circuit Holds Court May Not Dismiss 2255 Motion by Invoking Collateral Attack Waiver Sua Sponte by Dale Chappell by Dale Chappell A U.S. district court cannot, “of its own volition,” invoke a collateral attack waiver in a plea agreement to dismiss a § 2255 motion, the U.S. Court of …
Article • April 19, 2018 • from CLN May, 2018
Seventh Circuit Finds Plain Error Where Guilty Plea Accepted Without Rule 11 Colloquy by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Seventh Circuit reversed a conviction pursuant to a guilty plea that the district court accepted, but was not accompanied by a Federal Rule of …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Guilty Pleas, Appeals
Guilty Plea Does Not Foreclose Challenge To Constitutionality Of Conviction, U.S. Supreme Court Decides by Brandon Sample by Brandon Sample, Esq. Rodney Class pleaded guilty to illegally possessing a firearm on the U.S. Capitol grounds. Notwithstanding his guilty plea, Class appealed his conviction to the U.S. Court of Appeals for …
Article • April 16, 2018
7th Circuit Affirms Dismissal of Illinois Prisoner's Civil Rights Lawsuit by Matthew Clarke
Article • March 16, 2018 • from CLN April, 2018
Magistrate Judge: Change Rule of Evidence That Allows Prior Conviction to Impeach Witness by Derek Gilna by Derek Gilna Judicial proceedings are governed by strict rules, but none is more burdensome to convicted offenders than having their testimony disregarded because of a prior felony conviction. Federal proceedings are governed by …
Article • March 16, 2018 • from CLN April, 2018
Mass. Disciplines Prosecutors: No More Business as Usual by Derek Gilna by Derek Gilna Prosecutorial misconduct is considered a cancer by many criminal justice experts, eating away at the credibility, moral authority, and public support for the criminal justice system. However, the recent actions of the Massachusetts Board of Bar Overseers …
Article • February 22, 2018
Overzealous Prosecutors Getting the Boot by Christopher Zoukis by Christopher Zoukis All across the nation, a major pushback against hardline, tough on crime prosecutors is taking place. In the same election cycle which saw the elevation of "law and order" candidate Donald Trump to the presidency, several high profile prosecutors …
Article • February 16, 2018 • from CLN March, 2018
CA Court Rejects Inventory Search and Inevitable Discovery Arguments in Warrantless Search Case by Richard Resch by Richard Resch The Court of Appeal of California, First Appellate District, ruled that evidence obtained in violation of the Fourth Amendment and the California Constitution should have been suppressed, and it reversed defendant’s …
Article • February 16, 2018 • from CLN March, 2018
DNA Evidence: New Jersey Court Vacates Two 1996 Murder Convictions by Mark Wilson by Mark Wilson After spending 24 years behind bars for murder, Eric Kelley and Ralph Lee walked out of a New Jersey prison in November 2017. Weeks earlier, New Jersey Superior Court Judge Michael Portelli had vacated …
Fourth Circuit Vacates Brady Claim Denial in Capital Case and Rebukes Prosecutors by Richard Resch by Richard Resch The U.S. Court of Appeals for the Fourth Circuit held that the U.S. District Court for the Eastern District of Virginia abused its discretion in dismissing Anthony Juniper’s Brady claim without holding …
Article • December 27, 2017
Suspect Evidence Informed a Momentous Supreme Court Decision on Criminal Sentencing by Ryan Gabrielson by Ryan Gabrielson, ProPublica  <script type="text/javascript" src="https://pixel.propublica.org/pixel.js" async="true"></script> More than 30 years ago, Congress identified what it said was a grave threat to the American promise of equal justice for all: Federal judges were giving wildly different punishments …
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