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Misconduct by prosecutors is rampant — how do we deter it? by Mike Fawer by Mike Fawer, The Lens, Opinion https://thelensnola.org/2019/04/11/misconduct-by-prosecutors-is-rampant-how-do-we-deter-it/ I have been involved in the criminal justice system for almost 60 years, initially as a federal prosecutor, but for the greater portion of my career as a criminal …
Article • May 15, 2019 • from CLN June, 2019
Prosecutors Dropping Child Porn Charges After Software Tools Are Questioned by Jack Gillum More than a dozen cases were dismissed after defense attorneys asked to examine, or raised doubts about, computer programs that track illegal images to internet addresses. by Jack Gillum, ProPublica Using specialized software, investigators traced explicit child …
Urban Institute - Next Steps in Federal Corrections Reform, Implementing and Building on the First Step Act, 2019 JUSTICE POLICY CENTER Next Steps in Federal Corrections Reform IMPLEMENTING AND BUILDING ON THE FIRST STEP ACT Julie Samuels, Nancy La Vigne, and Chelsea Thomson May 2019 The topic of federal corrections …
Article • April 22, 2019
New Mexico AG’s 4-Year Non-Disclosure of Public Records Triggers $100 a Day Statutory Damages by Mark Wilson by Mark Wilson The New Mexico Court of Appeals held that the state was required to pay statutory damages of $100 per day for a four-year non-disclosure of requested public records. Longtime animal …
$160,000 Paid by Norwalk, Connecticut, to Settle Police Beating of COPD Patient by Mark Wilson by Mark Wilson The City of Norwalk, Connecticut, paid $160,000 to settle false arrest and excessive force claims against several Norwalk Police Department (“NPD”) officers. At about 5:40 a.m., on September 8, 2011, William Irwin …
Creation of Prosecutorial Watchdog in New York Spotlights Distinction Between Misconduct and Unfair Conduct by Michael Berk by Michael Berk Thanks in no small part to the dedicated lobbying of people such as Jeffrey Deskovic — who spent 16 years locked up for a rape and murder he did not …
Article • April 12, 2019 • from CLN May, 2019
Prosecutors Have the Power to Stop Bad Roadside Drug Tests From Ruining People’s Lives by Sagiv Galai by Sagiv Galai, Paralegal,    ACLU Criminal Law Reform Project Three years ago on New Year’s Eve, Dasha Fincher was arrested in Monroe County, Georgia, after the deputies performed an on-the-spot test of …
Article • April 12, 2019 • from CLN May, 2019
Q&A;: Ineffective Assistance of Counsel: Which Errors Are Worth Pursuing? by Brandon Sample, Dale Chappell by Brandon Sample, Esq., and Dale Chappell Question: I think my lawyer represented me poorly. How do I know if I have a claim of ineffective assistance of counsel? Perhaps the most common question after …
Article • April 12, 2019 • from CLN May, 2019
Plea Bargaining: Prosecutors Leave Trail of Injustice When Playing Hardball with Defendants by David Reutter by David Reutter To fight against government tyranny in the criminal justice system, America’s Founding Fathers enshrined into the Constitution the “right to a speedy and public trial, by an impartial jury.” Plea bargains, however, …
Counsel Ineffective for Failing to Move for Mistrial When Court Coerces Unanimous Verdict by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit held that a defendant did not receive effective assistance of counsel when his attorneys failed to object and move for a mistrial …
Article • March 16, 2019 • from CLN April, 2019
Filed under: Prosecutors
Connecticut Supreme Court Announces Defense Counsel Has Duty to ‘Promptly’ Notify Defendant of Plea Offer, Failure to Notify Before Testifying Constitutes IAC by Matthew Clarke by Matt Clarke The Supreme Court of Connecticut held that a criminal defense attorney was ineffective for waiting to convey to his client a plea-bargain …
Article • February 15, 2019 • from CLN March, 2019
Government Snitches: Incentivized Witnesses Are the Leading Cause of Wrongful Convictions by Dale Chappell by Dale Chappell Every year, innocent people go to prison, or even death row, because of government informants who lie to get a good deal in their own criminal case. The problem, studies show, is the …
Article • February 15, 2019 • from CLN March, 2019
Sixth Circuit Vacates a Witness Tampering Conviction, Principally on the Ground that the District Court Erroneously Instructed the Jury on the Intent Element of Witness Tampering by Punch & Jurists By Punch & Jurists In a rare reversal of a witness tampering conviction, the Sixth Circuit, in Lobbins, held that …
Article • February 15, 2019 • from CLN March, 2019
Bronx Prosecutors Trained to Manipulate System to Delay Trials by Matthew Clarke by Matt Clarke Recently revealed internal training documents from the Bronx District Attorney’s Office show that prosecutors are being trained in courtroom techniques designed to delay trial, undermining defendants’ speedy trial rights and extending the pretrial incarceration of …
Article • February 14, 2019 • from CLN March, 2019
Third Circuit Orders Habeas Relief Based on Trial Counsel’s Failure to Present or Even Investigate Mental Health and Juvenile Records in Pennsylvania Death Penalty Case by Matthew Clarke by Matt Clarke  On July 12, 2018, the U.S. Court of Appeals for the Third Circuit ordered that habeas relief be provisionally …
National Center for Youth Law - The Flores Settlement Agreement & Unaccompanied Children in Federal Custody, 2019 Tornillo, photo courtesy of Reuters The Flores Settlement Agreement & Unaccompanied Children in Federal Custody February 2019 U.C. Davis Immigration Law Clinic This briefing document was prepared by the National Center for Youth …
Article • January 18, 2019 • from CLN February, 2019
Texas Court of Criminal Appeals Rules Defense Attorney Violated McCoy, Reverses Capital Convictions and Orders New Trial by Chad Marks by Chad Marks The Court of Criminal Appeals of Texas ruled that defense counsel’s actions conceding guilt against defendant’s express wishes during trial violated his Sixth Amendment rights under McCoy. …
Article • December 31, 2018 • from CLN January, 2019
How Defense Lawyers Break Attorney-Client Privilege to Defend Ineffective Assistance of Counsel Claims by Steve Horn by Steve Horn A cardinal rule of defense lawyering – or any lawyering, for that matter – is to zealously advocate on behalf of your client. Yet in many states, incentive systems exist for …
Article • December 29, 2018 • from CLN January, 2019
Filed under: Attorneys, Appeals, Witnesses
Connecticut Supreme Court Finds IAC for Failure to Investigate Key Alibi Witness, Grants New Trial by Dale Chappell by Dale Chappell In a case where the defendant’s alibi was his only defense, the Supreme Court of Connecticut held that counsel’s failure to investigate a key witness who could have supported …
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