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Article • August 19, 2019 • from CLN September, 2019
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 • July 13, 2019
Filed under: Attorneys, Attorney
Possibility of Oregon Supreme Court Review Determined by Objective Considerations, Not Affidavits from Justices for IAC Prejudice by Mark Wilson by Mark Wilson The Oregon Supreme Court held that a lower court misapplied the prejudice prong of the ineffective assistance of counsel standard when it found petitioner’s claim “purely speculative” …
Article • July 8, 2019
Oakland Police Department, of Officer-Involved Shooting, ‘Disappointing and Myopic’ by Kevin Bliss by Kevin Bliss The Oakland Police Department (“OPD”) has been under federal order to complete a comprehensive reform program since 2003 because of repeated allegations of excessive use of force. Retired New York Police Chief Robert Warshaw, who …
Article • July 7, 2019
Filed under: Classification, Attorneys
Tenth Circuit Discusses Standards for Armed Career Criminal Classification by David M. Reutter by David Reutter The U.S. Circuit Court of Appeals for the Tenth Circuit affirmed an Oklahoma federals district court's order vacating a sentencing classification as an armed career criminal. The court also affirmed the classification as a …
Article • July 7, 2019
Groups Challenge Face Recognition Algorithm in Florida Case by Kevin Bliss by Kevin Bliss The ACLU, the Electronic Frontier Foundation, the Georgetown Center on Privacy and Technology, and the Innocence Project have teamed up to battle the Florida court system over the constitutional right to confront a defendant’s accuser when …
FAMM, Washington Lawyers’ Committee, NACDL Launch Compassionate Release Clearinghouse by FAMM First Step Act paves the way for a massive pro bono effort to represent sick, dying, and elderly prisoners in court. The following is a press release from FAMM, June 19, 2019 WASHINGTON – Thousands of sick, dying, and …
Article • June 22, 2019
Florida Judge Rejects ‘Slap on the Wrist’ Sentencing by Kevin Bliss by Kevin Bliss  Former police officers Charlie Dayoub and Raul Fernandez were sentenced on October 17, 2018, to the federal maximum of one year in prison for falsifying arrest affidavits. Dayoub expected only eight months of home confinement and …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Prosecutors
Stop Peeking Inside the Black Box by Locally elected prosecutors wield tremendous, and often unchecked, power. They singlehandedly determine who to prosecute, the charges brought, whether to seek the death penalty when applicable or whether to offer a plea bargain, and they have enormous impact on the recommended sentence.  If …
Article • June 17, 2019 • from CLN July, 2019
Prosecutors Use Blacklists to Keep Dishonest Officers out of the Courtroom by Kevin Bliss by Kevin Bliss District attorney offices across the nation are adopting blacklists of officers whose testimony in court is untrustworthy. Referred to as “do not call lists,” “exclusion lists,” or “Brady lists,” D.A.s have stated that …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Attorneys, Immigration
Indiana Supreme Court: IAC Where Lawyer Marks ‘Not Applicable’ to Immigration Consequences Warning on Court’s Advisement Form Without Knowing Client’s Immigration Status by David Reutter by David Reutter The Supreme Court of Indiana held an attorney rendered ineffective assistance by affirmatively marking ‘not applicable’ to an immigration consequences warning on …
Article • June 17, 2019 • from CLN July, 2019
Prosecutorial Power Used Too Often to Stop Prisoners From Getting Second Chance at Life by Chad Marks by Chad Marks Alexander Hamilton once described the reasons for the existence of clemency as those of humanity and good policy. Both clemency and parole reflect a commitment to the ancient value of …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Attorneys
Fifth Circuit Rules Evidence of Counsel’s Dual Representation of Defendant and Codefendant Results in Possible Actual Conflict of Interest Requires Evidentiary Hearing by Dale Chappell by Dale Chappell In a case where the same lawyer represented two codefendants and advised both to plead guilty, with one fingering the other, evidence …
Article • June 17, 2019 • from CLN July, 2019
Second Circuit Rules District Court Improperly Denied Coram Nobis Petition Claiming Ineffective Assistance of Counsel by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit ruled that the district court erred in denying a writ of error coram nobis that claimed ineffective assistance of counsel …
Article • June 13, 2019
Legal limitations constrain Texas death penalty case by Edward Lyon by Ed Lyon Shortly after Adolph Hitler’s election as Germany’s chancellor; on the night of February 27, 1933; the Reichstag in Berlin, Germany, was allegedly burned by an arsonist. The next day, Hitler persuaded President Paul von Hindenburg to sign …
Publication • June 1, 2019
Paid in Full- A Plan to End Money Injustice in New Orleans, Vera Institute of Justice, 2019 Paid in Full: A Plan to End Money Injustice in New Orleans Jon Wool, Alison Shih, and Melody Chang June 2019 The following organizations endorse this report and its recommendations: ADL South Central …
Article • May 16, 2019 • from CLN June, 2019
Prosecutors Regret Man’s Wrongful Conviction in 1983 Florida Rape and Murder by The U.S. has seen a rise in exonerations in recent years. The National Registry of Exonerations (law.umich.edu) reports at least 139 exonerations in 2017, 166 in 2016 and 149 in 2015. But wrongfully convicted Ronald Stewart did not …
Article • May 15, 2019 • from CLN June, 2019
Appointed Defense Lawyers, Public Defenders: Overworked, Underpaid, Ineffective by Edward Lyon by Ed Lyon  The Sixth Amendment to the U.S. Constitution requires that all criminal defendants have a lawyer’s assistance to prepare and present a defense against whatever crime a prosecutor is accusing him or her of committing, as a …
Article • May 15, 2019 • from CLN June, 2019
Supreme Court of Delaware: Lawyer’s Mere Presence the Day of Trial Violates Sixth Amendment Under Cronic Standard by Chad Marks by Chad Marks The Supreme Court of Delaware held that a defendant’s Sixth Amendment right to assistance of counsel was violated by trial counsel’s near-total absence during the pretrial stage …
Article • May 15, 2019 • from CLN June, 2019
Sixth Circuit Rejects Kentucky Supreme Court’s Ruling That Defendant-Lawyers Are Never Without Counsel and Not Entitled to Faretta Hearing by Dale Chappell by Dale Chappell An experienced Kentucky trial attorney who found himself on the wrong end of counsel’s table was granted a new trial by the U.S. Court of …
When Prosecuting Crimes by Police, Feds Appear to Move Slowly by Edward Lyon by Ed Lyon  In November 2013, Hickory, North Carolina, police Sergeant Robert George allegedly removed a woman driver from her auto and slammed her face-first onto the ground. She required corrective surgery.  Charged by local prosecutors in …
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