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Article • November 15, 2020 • from CLN December, 2020
Fourth and Fifth Circuits Reopen Decades-Old Cases for Habeas Relief Due to Brady Violations by Dale Chappell by Dale Chappell Within weeks, the U.S. Courts of Appeals for the Fourth and Fifth Circuits opened the doors on two decades-old cases, allowing the possibility for habeas corpus relief based on withheld …
Article • November 15, 2020 • from CLN December, 2020
Massachusetts Supreme Court: Brady Requires Disclosure of Exculpatory Material Revealed During Immunized Testimony Before Grand Jury by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts affirmed an order of a trial judge requiring a district attorney to disclose to defense attorneys details of misconduct by two police …
Article • November 15, 2020 • from CLN December, 2020
Mississippi Supreme Court: Cannot Declare Mistrial on All Counts After Jury’s Acquittal on Some Counts by Anthony Accurso by Anthony Accurso The Supreme Court of Mississippi held that a district court erred when it ordered a mistrial on all three counts of an indictment after the jury had returned an …
Article • October 15, 2020 • from CLN November, 2020
Pennsylvania Supreme Court Announces Reckless Prosecutorial Misconduct Constitutes Overreaching Sufficient to Trigger Double Jeopardy Protections by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania concluded that Article I, Section 10 of the Pennsylvania Constitution, prohibition against double jeopardy, bars retrial because the prosecutor’s misconduct that evinced a conscious …
Article • October 15, 2020 • from CLN November, 2020
Filed under: Double jeopardy
Indiana Supreme Court Announces New Analytical Framework for Review of Substantive Double Jeopardy, Overruling Richardson by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana announced a new analytical framework for reviewing claims of substantive double jeopardy, overruling Richardson v. State, 717 N.E.2d 32 (Ind. 1999). A jury convicted …
Article • October 15, 2020 • from CLN November, 2020
Missouri Supreme Court: Circuit Court Erred in Excluding Expert Witness Testimony Regarding Accuracy of Eyewitness Identification by Douglas Ankney by Douglas Ankney The Supreme Court of Missouri held that a circuit court erred when it excluded testimony from Kane Carpenter’s expert witness relating to the accuracy of witness identifications. In …
Wilson v. County of Los Angeles, CA, Settlement Agreement, Wrongful Conviction, 2020 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims ("Agreement") is made and entered into by and between Plaintiff Andrew Wilson ("Plaintiff'), on the one hand, and Defendant County of Los Angeles …
Article • September 15, 2020 • from CLN October, 2020
From Detroit: How Not to Use Facial Recognition in Policing by Anthony Accurso by Anthony Accurso A June 24, 2020, article in The New York Times by Kashmir Hill recounts the wrongful imprisonment of a Detroit man due to misuse of facial-recognition software. In January 2020, Robert Julian-Borchak Williams was …
Article • July 15, 2020 • from CLN August, 2020
Maine Supreme Judicial Court Vacates Conviction on Double Jeopardy Grounds by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Maine vacated one of Ronald Paquin’s convictions for gross sexual misconduct on double jeopardy grounds and ordered the trial court to enter a judgment of acquittal on three additional …
Article • July 15, 2020 • from CLN August, 2020
California Supreme Court: § 459.5(b) Prohibits Charging Shoplifting and Theft for Same Property by Douglas Ankney by Douglas Ankney The Supreme Court of California held that California Penal Code § 459.5(b) prohibits charging both shoplifting and theft for the same property, even in the alternative. Anthony Lopez exited a Walmart …
Article • June 15, 2020 • from CLN July, 2020
Nebraska Supreme Court: Multiple Theft Charges for Stealing Items Belonging to Several People at Same Time and Place Violates Double Jeopardy by Dale Chappell by Dale Chappell In a case of first impression, the Nebraska Supreme Court held on March 13, 2020, that theft from multiple owners “at the same …
Is Solitary Confinement a Punishment?, Northwestern University Law Review, 2020 ROUGH DRAFT IS SOLITARY CONFINEMENT A PUNISHMENT? John F. Stinneford Nulla poena sine lege—no punishment without law—is one of the oldest and most universally accepted principles of English and American law. 1 Today, thousands of American prisoners are placed in …
Article • April 15, 2020 • from CLN May, 2020
Filed under: Brady Violations
Sixth Circuit: Cardiologist’s Right to Due Process Violated Where District Court Ordered Government to Not Disclose Third Party’s Expert Evaluation of Medical Care Provided by Him by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit ruled that cardiologist Richard E. Paulus’ Fifth Amendment right …
Article • April 15, 2020 • from CLN May, 2020
In the Criminal Justice System, Big Brother Gets Bigger Every Day by Douglas Ankney by Douglas Ankney According to a report by sciencefriday.com, one in every two American adults is in a law enforcement facial recognition network. Most adults have unwittingly consented to the release of their photos that they …
Article • January 21, 2020 • from CLN February, 2020
Washington Supreme Court Affirms Warrantless Search of CSLI Data but Holds Convictions for Both First-degree Rape and Felony Murder Predicated on Rape Violate Double Jeopardy by Douglas Ankney by Douglas Ankney The Supreme Court of Washington affirmed the warrantless search of Bisir Bilal Muhammad’s real-time cell-site location information (“CSLI”) based …
Article • January 19, 2020 • from CLN February, 2020
California Supreme Court Holds Confidential Personnel Information of Officers on Internal ‘Brady List’ Can Be Disclosed to Prosecutors by Dale Chappell by Dale Chappell The Supreme Court of California held on August 26, 2019, that a so-called “Brady List” maintained by a law enforcement agency about officers who would have …
Article • October 16, 2019 • from CLN November, 2019
Fourth Circuit Grants Habeas Relief to Pre-Trial State Prisoner on Double Jeopardy Grounds by Dale Chappell by Dale Chappell Finding that a South Carolina state court violated a state pre-trial defendant’s right against double jeopardy by granting a mistrial when the State wasn’t prepared for trial, the U.S. Court of …
Article • September 16, 2019 • from CLN October, 2019
Third Circuit Rules Lower Courts Abused Discretion When They Failed to Conduct Evidentiary Hearing on Brady Claim and on Conflict of Interest Claim by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit ruled that the Superior Court abused its discretion when it failed to …
Article • June 17, 2019 • from CLN July, 2019
Kansas Supreme Court: Correcting Illegal Sentence After Fully Served Violates Prohibition Against Double Jeopardy by Matthew Clarke by Matt Clarke In a case of first impression, the Supreme Court of Kansas held it was double jeopardy to correct the sentence of a man who was convicted of aggravated sexual battery—to …
Article • April 12, 2019 • from CLN May, 2019
D.C. Circuit Holds Attempted Drug Offenses Do Not Count Toward Career Criminal Designation by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the D.C. Circuit held that prior convictions for attempted distribution of, and attempted possession with intent to distribute drugs, could not be used to render …
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