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Article • June 15, 2021 • from CLN July, 2021
Filed under: Double jeopardy
California Court of Appeal: Defendant Cannot Be Convicted of Robbery and Kidnapping to Commit Robbery for Same Act by Anthony Accurso by Anthony Accurso The Court of Appeal of California, Second Appellate District, Division Eight, vacated a defendant’s conviction for robbery because he had been convicted for kidnapping to commit …
Article • June 15, 2021 • from CLN July, 2021
Mississippi Supreme Court Reverses Conviction due to Double Jeopardy Violation Because of Mistrial Without Manifest Necessity in Initial Trial by Matthew Clarke by Matt Clarke The Supreme Court of Mississippi held that a conviction for attempted burglary of a dwelling with the intent to commit larceny was invalid and retrial …
Article • April 15, 2021 • from CLN May, 2021
Ohio Supreme Court: Imposing Two Punishments for One Quantity of Mixture of Heroin and Fentanyl Violates Double Jeopardy by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio held thatimposition of two punishments for one quantity of drugs violates double jeopardy. Officers executed a search warrant of Kenny Pendleton’s …
Article • February 15, 2021 • from CLN March, 2021
Third Circuit Announces Prohibition Against Second Resentencing Under First Step Act Can Be Waived by Government by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Third Circuit handed down an opinion on December 21, 2020, holding that the prohibition against a subsequent resentencing in § 404(c) …
Article • January 15, 2021 • from CLN February, 2021
First Circuit: Double Jeopardy Protections Bar Government From Seeking Death Penalty at Retrial Where Jury’s Verdict Not Imposing Death at First Trial Ambiguous, and Trial Court Prematurely Declared Mistrial by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit ruled that the Government is barred …
Article • January 15, 2021 • from CLN February, 2021
Colorado Supreme Court: Dividing Multiple Images of Child Pornography Into Multiple Batches to Charge Multiple Counts Violates Double Jeopardy by Dale Chappell by Dale Chappell The Supreme Court of Colorado held on December 14, 2020, that dividing up multiple images of child pornography in order to charge a defendant with …
Article • December 15, 2020 • from CLN January, 2021
Michigan Supreme Court Reverses Murder Conviction Due to Unreliable, Suggestive Showup by Matthew Clarke by Matt Clarke The Supreme Court of Michigan held that a showup identification of the alleged shooter in a murder case was impermissibly suggestive and unreliable. Because the prosecution’s case was “significantly less persuasive” without the …
Article • December 15, 2020 • from CLN January, 2021
First Circuit: Prosecution Under Puerto Rico and Federal Law for Same Drug Offense Constitutes Double Jeopardy by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the First Circuit ruled that the Double Jeopardy Clause of the Fifth Amendment requires dismissal of a count in a federal indictment …
Article • November 15, 2020 • from CLN December, 2020
Filed under: Double jeopardy
Colorado Supreme Court: Convictions for Murder and Attempted Murder Violate Double Jeopardy by Douglas Ankney by Douglas Ankney The Supreme Court of Colorado held that Brandon Jackson’s convictions for both murder and attempted murder violate the protections against double jeopardy. Jackson, along with other members of the gang known as …
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 …
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