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New York Man Exonerated of Murder and Freed After 25 Years in Prison by Douglas Ankney by Douglas Ankney On November 19, 2020, New Yorker Jaythan Kendrick was exonerated of murder and freed from prison after serving 25 years. The Queens County Supreme Court vacated his 1995 conviction based on …
California Supreme Court Vacates Murder Conviction, Finds IAC for Failure to Obtain Expert Testimony on Time of Death by Dale Chappell by Dale Chappell In a case that hinged on the time of death to convict the defendant, the Supreme Court of California granted habeas corpus relief where defense counsel …
Article • September 15, 2020 • from CLN October, 2020
California Supreme Court Vacates LWOP Sentence After Its Recent Cases Clarifying ‘Special Circumstance’ Murder by Dale Chappell by Dale Chappell The Supreme Court of California vacated a life without parole (“LWOP”) sentence imposed in a first-degree murder conviction, applying its recent decisions clarifying a “special circumstance” to allow such a …
Article • July 15, 2020 • from CLN August, 2020
Iowa Supreme Court Announces That ‘Good Cause’ in Newly Amended Appeals Statute Means ‘a Legally Sufficient Reason’ by Douglas Ankney by Douglas Ankney The Supreme Court of Iowa announced that the words “good cause” in the newly amended appeals statute of Iowa Code § 814.6(1)(a)(3) means “a legally sufficient reason.” …
Article • June 15, 2020 • from CLN July, 2020
Florida Supreme Court Abandons Circumstantial Evidence Review Standard by David Reutter by David M. Reutter In affirming the conviction and death sentence of Sean Alonzo Bush, the Supreme Court of Florida announced it is abandoning the different standard for reviewing wholly circumstantial evidence cases. Bush was convicted of the brutal …
Article • June 15, 2020 • from CLN July, 2020
Filed under: Theft, GPS Tracking Device
Indiana Supreme Court: Removal of Police’s GPS Tracker on Suspect’s Vehicle Not Probable Cause of Theft, Suppression of Evidence by Anthony Accurso by Anthony Accurso The Supreme Court of Indiana suppressed all evidence resulting from search warrants obtained on the basis that the sheriff’s department concluded a suspect “stole” the …
Article • May 15, 2020 • from CLN June, 2020
Filed under: Murder/Felony Murder
Michigan Supreme Court Announces that Duress May be Asserted as an Affirmative Defense to Felony Murder, Overruling Gimotty and Etheridge by Douglas Ankney by Douglas Ankney In a case of first impression for the Supreme Court of Michigan, the Court announced that the affirmative defense of duress may be asserted …
Article • May 15, 2020 • from CLN June, 2020
Filed under: Controlled Substances
Delaware Supreme Court Clarifies Meaning of ‘Mixture’ as Used in State’s Controlled Substances Act by Douglas Ankney by Douglas Ankney The Supreme Court of Delaware clarified the meaning of “mixture” as the term is used in Delaware’s Uniform Controlled Substances Act (“Act”). Police recovered from the person of Darren Wiggins …
Article • April 15, 2020 • from CLN May, 2020
First Circuit: Home Search Affidavit Failed to Establish Nexus of Crime and Evidence by David Reutter by David Reutter The U.S. Court of Appeals for the First Circuit affirmed the suppression of evidence seized from a suspected drug dealer’s home as fruit of the poisonous tree. Jamal Roman was alleged …
Article • April 15, 2020 • from CLN May, 2020
Massachusetts Supreme Judicial Court Reverses Murder Conviction Due to Insufficient Evidence by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts reversed Jean Carlos Lopez’s murder conviction because the evidence was insufficient to establish beyond a reasonable doubt that Lopez knowingly participated in the killing with the requisite …
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