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Article • December 21, 2018 • from CLN January, 2019
Ninth Circuit Grants Habeas for IAC of Resentencing Counsel Who Failed to Challenge Sole Aggravating Factor or Investigate Mitigating Circumstances by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Ninth Circuit ordered the granting of habeas relief to an Arizona death row prisoner based on ineffective …
Article • December 5, 2018 • from CLN December, 2018
Ninth Circuit Grants Habeas for Appellate Lawyer’s Failure to Raise Denial of Self-Representation Claim by Matthew Clarke by Matt Clarke On July 6, 2018, the U.S. Court of Appeals for the Ninth Circuit reversed a federal court’s denial of a California state prisoner’s petition for a writ of habeas corpus …
Article • December 5, 2018 • from CLN December, 2018
Federal Death Penalty Prosecutors Accuse One Another of Destroying Evidence and Other Misconduct in Discrimination Lawsuit by Shawn Musgrave, Brooke Williams by Shawn Musgrave and Brooke Williams, Published by Criminal Legal News with permission from The Intercept, July 18, 2018 A team of federal prosecutors charged with promoting “consistency and …
Article • December 5, 2018 • from CLN December, 2018
Ninth Circuit Rules Detective’s Persistent Questioning After Invocation of Right to Counsel Entitles California Prisoner to Habeas Relief by Richard Resch by Richard Resch The U.S. Court of Appeals for the Ninth Circuit held that a California prisoner convicted of murder is entitled to habeas relief because a detective continued …
Article • November 6, 2018 • from CLN November, 2018
Brooklyn, New York’s Top Prosecutor Opens Door for Expungement of Pot Convictions by Derek Gilna by Derek Gilna Brooklyn District Attorney Eric Gonzalez has announced that he will accept applications from thousands of individuals to erase their low-level marijuana convictions in a program unveiled in September 2018. He said his …
Article • November 1, 2018 • from CLN November, 2018
Filed under: Attorneys, Appeals
D.C. Circuit Holds Generic Appeal Waiver Does Not Bar IAC Claim During Sentencing by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the D.C. Circuit ruled that a “generic appeal waiver does not affect a defendant’s ability to appeal his sentence on yet-to-arise ineffective-assistance-of-counsel grounds.” An unnamed …
Is a Florida Chief Judge Taking Cues From a Prosecutor? by Jacqueline Azis, Somil Trivedi by Jacqueline Azis, Staff Attorney, ACLU of Florida & Somil Trivedi, Staff Attorney, ACLU Trone Center for Justice and Equality Prosecutors are some of the most powerful elected officials in our country. They decide what …
The Power of the Prosecutor: A Personal Account by Ashley Sawyer by Ashley Sawyer, Campaign for Smart Justice Consultant, ACLU of Vermont Have you ever watched an episode of “Law & Order”? The creators do an amazing job of dramatizing the court process. The characters playing the prosecutors are always …
Article • October 31, 2018 • from CLN November, 2018
Do Las Vegas Prosecutors Routinely Ignore Discovery Disclosure Requirements? by Matthew Clarke by Matt Clarke Attorneys for the Office of the Clark County (Nevada) Public Defender say prosecutors routinely violate state and federal laws governing the sharing of information known as “discovery.” They claim the situation is so grave that …
Article • October 29, 2018 • from CLN November, 2018
ACLU Sues ‘Crooked’ Public Defender in Georgia by Edward Lyon by Ed Lyon Reid Zeh is Glynn County, Georgia’s public defender. As a lawyer, his personal conduct is far from the sterling standard expected from members of the Bar. In March 2018, he was jailed on a battery charge. He …
Eric Schneiderman Pushed Laws Opposing Abuse of Women as He Stands Accused of Abusing Them Himself by Steve Horn by Steve Horn Eric Schneiderman, who resigned as New York’s Attorney General May 8, had a record of supporting legislation and criminal law enforcement to protect women from sexual abuse. However, …
Article • September 23, 2018 • from CLN October, 2018
New Jersey AG Intervenes in Possible Wrongful Conviction Case, Considers Reforms by Christopher Zoukis by Christopher Zoukis Newly appointed New Jersey Attorney General Gurbir Grewal has directed his prosecutors to take over an investigation into the 1993 murder conviction of two men who might be innocent. He also formed a …
Article • September 20, 2018 • from CLN October, 2018
Prosecutors Use Their Power to Help Reform Criminal Justice by Prosecutors are using their power to reach beyond the courtroom to reform the country’s prison crisis and usually much more effectively and efficiently than lawmakers could do. Last fall, Philadelphia District Attorney Larry Krasner began working to reverse prosecutorial practices …
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
New Jersey AG Intervenes in Possible Wrongful Conviction Case, Considers Reforms by Christopher Zoukis by Christopher Zoukis Newly appointed New Jersey Attorney General Gurbir Grewal has directed his prosecutors to take over an investigation into the 1993 murder conviction of two men who might be innocent. He also formed a …
Article • August 17, 2018 • from CLN September, 2018
Hawaii Supreme Court Vacates Conviction Due to Prosecutor’s Bogus Argument Attacking Defense Counsel by Matthew Clarke by Matt Clarke On May 21, 2018, the Supreme Court of Hawaii held that a prosecutor’s improper closing argument stating that defense counsel tried to get the complaining witness to commit perjury required that …
Article • August 17, 2018 • from CLN September, 2018
Maryland’s Top Court Rules Actual Notice by Trial Judge Unnecessary to Trigger Hearing Requirement On Defendant’s Request to Replace Defense Counsel by Christopher Zoukis by Christopher Zoukis Maryland’s top court, the Court of Appeals, reversed the conviction of a defendant because the trial court failed to entertain and rule on …
Article • August 17, 2018 • from CLN September, 2018
Iowa Supreme Court: Relief from Conviction Not Required When Suing for Legal Malpractice Based on Wrongful Sentence by Dale Chappell by Dale Chappell In an issue of first impression in Iowa, the Supreme Court of Iowa held that relief from a wrongful sentence is enough to allow a legal malpractice …
Article • July 21, 2018 • from CLN August, 2018
$600,000 Awarded Missouri Man in Legal Malpractice Verdict After 17 Years in Prison by In May 2018, jurors in a Newton County Circuit courtroom awarded $600,000 to a man who spent 17 years in a Missouri prison before his conviction was overturned by that state’s supreme court. Dwight D. Laughlin …
Article • July 21, 2018 • from CLN August, 2018
Kansas Supreme Court: Judge’s ‘Thwarting’ of Defendant’s Right to Self-Representation was Structural Error Requiring Reversal of Convictions by Dale Chappell by Dale Chappell A defendant who “unequivocally” invoked his right to self-representation at trial and was denied that right when the judge ignored his requests got a new trial when …
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