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Article • April 12, 2019 • from CLN May, 2019
Filed under: Brady Violations
Why Brady Lists Still Don’t Work by Douglas Ankney by Douglas Ankney Lists of discredited police officers whom prosecutors refuse to call as witnesses are known as Brady lists. These lists could play an important role in ensuring the criminal justice system is fair by tracking and exposing police officers …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Brady Violations
Seventh Circuit: Failure to Disclose that Star Witness Was Hypnotized is 'Brady' Violation by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit ruled that the State concealed materially exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963), when it failed to …
Article • March 16, 2019 • from CLN April, 2019
Shooting of Seven-Year-Old Girl in Houston Highlights Problems With Eyewitness Identification by Matthew Clarke by Matt Clarke The fatal shooting of a 7-year-old black girl who was riding in a car on a Houston highway, along with her mother and three sisters, is a tragedy that starkly illustrates the problems …
Article • March 16, 2019 • from CLN April, 2019
California Police Privacy Laws Have Been Violating Brady for Years by Mark Wilson by Mark Wilson An arresting officer’s fabrication or planting of evidence or other misconduct lies at the very heart of the definition of exculpatory evidence that must be disclosed to criminal defendants under the Sixth Amendment since the …
Article • February 14, 2019 • from CLN March, 2019
Filed under: Criminal Procedure
SCOTUS: Florida’s Robbery Statute Satisfies Physical Force Requirement of Armed Career Criminal Act by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) held that the amount of force necessary to sustain a conviction for robbery in Florida satisfies the elements clause of 18 U.S.C. § …
Article • January 18, 2019 • from CLN February, 2019
Filed under: Double jeopardy
Montana Supreme Court: Retrial Following Mistrial Declared Without ‘Manifest Necessity’ Violates Prohibition on Double Jeopardy by Mark Wilson by Mark Wilson The Supreme Court of Montana held that a municipal court violated state and federal double jeopardy prohibitions when it declared a mistrial and ordered a new trial. James Joseph …
Article • January 18, 2019 • from CLN February, 2019
Filed under: Double jeopardy
Maine Supreme Court Rules Double Jeopardy Bars Re-Use of Evidence at Second Trial After Acquittal Based on Same Evidence at First Trial on Different Charges by Dale Chappell by Dale Chappell The Supreme Judicial Court of Maine held that double jeopardy barred the use of the same evidence used in …
Article • January 18, 2019 • from CLN February, 2019
Filed under: Appeals, Criminal Procedure
N.Y. Court of Appeals Announces When Trial Commences for Timeliness of Pro Se Requests by Edward Lyon by Ed Lyon As most jurisdictions do from time to time as need dictates, they change or even completely overhaul appellate procedures, evidentiary rules, and various codes. In 1971, New York state adopted …
Article • December 28, 2018 • from CLN January, 2019
Article Calls for Courts to Implement ‘Brady Violation Disclosure Letter’ System by Steve Horn by Steve Horn A draft copy of an academic article set to be published in 2019 in the Vanderbilt Law Review calls for a novel approach to chipping away at the nagging issue of Brady violations …
Article • December 21, 2018 • from CLN January, 2019
Seventh Circuit: Procedural Error Occurs When Miscount of Prior Convictions Basis for Sentence, Resentencing Required by David Reutter by David Reutter The U.S. Court of Appeals for the Seventh Circuit held that an Indiana federal district court committed a procedural error in selecting a sentence based on a miscounting of …
Article • December 5, 2018 • from CLN December, 2018
Michigan Supreme Court Announces New Rule for Appointing Expert Witness for Indigent Defendants, No Longer Left to Trial Judge’s Discretion by Dale Chappell by Dale Chappell The Supreme Court of Michigan held that a trial judge’s discretion plays no part in appointing an expert witness for a defendant; instead, a …
Article • December 5, 2018 • from CLN December, 2018
Texas Court of Criminal Appeals Reverses Conviction for Improper Lesser-Included-Offense Determination by Christopher Zoukis by Christopher Zoukis The Court of Criminal Appeals of Texas reversed an intermediate court of appeals because the lower court improperly determined that “deadly conduct” is not a lesser-included offense of aggravated assault by threat. The …
Article • November 28, 2018 • from CLN December, 2018
Filed under: Criminal Procedure
Pennsylvania Supreme Court Holds FTA Does Not Affect Independent Speedy Trial Violation by Prosecutor by Dale Chappell by Dale Chappell The Supreme Court of Pennsylvania held that a defendant’s failure to appear (“FTA”) for trial after the prosecution had already violated its duty to provide a speedy trial did not …
Article • November 28, 2018 • from CLN December, 2018
Eyewitness (Mis)Identification in the Criminal Justice System: Powerful, Persuasive, and Problematic by Christopher Zoukis by Christopher Zoukis “Our procedure has always been haunted by the ghost of the innocent man convicted.” —Judge Learned Hand (1923) “Truth isn’t truth.” —Rudy Giuliani (2018)  In 1984, Ronald Cotton was arrested and charged with …
Article • October 29, 2018 • from CLN November, 2018
Filed under: Criminal Procedure
Texas Supreme Court Interprets State’s Expungement Statute by David Reutter by David Reutter The Supreme Court of Texas held that the state’s expungement statute is “neither entirely arrest-based nor offense-based.” Based upon the facts of this case, it held that the petitioner was entitled to expungement of records and files …
Publication • October 16, 2018
Letter in support of Fare Evasion Decriminalization Amendment Act in DC - Oct 2018
Article • September 24, 2018 • from CLN October, 2018
Louisiana Supreme Court Holds Counsel’s Failure to Challenge ‘Stark Contrasts’ in Witness ID and Defendant’s Appearance Constituted IAC by Dale Chappell by Dale Chappell Counsel’s failure to challenge the “stark contrasts” between witness descriptions of a suspect and the defendant clearly affected the jury’s conclusion, the Supreme Court of Louisiana …
Article • September 24, 2018 • from CLN October, 2018
Filed under: Criminal Procedure
Hawaii Supreme Court Vacates Conviction Because Defendant’s Waiver of Right to Testify Deficient Under State’s Tachibana Colloquy Requirement by David Reutter by David Reutter The Supreme Court of Hawaii reversed a DUI conviction because the trial court failed to determine whether the defendant’s “waiver of the right to testify, was …
Jones v. State of Kansas, KS, Petition, Doppelganger Exoneree, 2018 IN THE TENTH JUDICIAL DISTRICT COURT OF KANSAS, JOHNSON COUNTY In the matter of the wrongful conviction of RICHARD JONES ) ) ) ) ) ) PETITION FOR CERTIFICATE OF INNOCENCE PURSUANT TO 2018 Kansas Laws Ch. 108 (H.B. 2579) …
Article • August 20, 2018 • from CLN September, 2018
Filed under: Double jeopardy
Virginia Supreme Court Holds Convictions for Common Law and Statutory Involuntary Manslaughter Violate Double Jeopardy Clause by Dale Chappell by Dale Chappell The Supreme Court of Appeals for Virginia held that convictions for both common law and statutory involuntary manslaughter for the same offense violated the Double Jeopardy Clause and …
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