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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 • July 21, 2018 • from CLN August, 2018
South Carolina Supreme Court Clarifies When Court Can Deny Right to Self-Representation; Orders New Trial by Dale Chappell by Dale Chappell “One who is his own lawyer has a fool for a client,” U.S. Supreme Court Justice Blackmun once opined. Nevertheless, a circuit judge may deny a defendant’s request to …
Wilson v. County of Los Angeles, CA, Complaint, Wrongful Conviction, 2018 se 2:18-cv-05775-KS Document 1 Filed 07/01/18 Page 1 of 75 Page ID # :1 1 BARRETT S. LITT, SBN 45527 Email: blitt@.kmbllaw.com 2 RONALD . KA YE, SBN 145051 Email: rok~kmbllaw.com 3 KEVIN J. aHUE, SBN 237556 KA YE, …
Article • June 26, 2018
Georgia Prisoner Loses Mandamus Appeal Seeking Trial Records by Edward Lyon by Ed Lyon Georgia prisoner James Brock was convicted of several crimes in 2011, two of which were murder. He could have faced a death penalty. Available information did not state his actual sentence(s). Brock filed a mandamus petition …
Article • June 18, 2018 • from CLN July, 2018
New Mexico Supreme Court Reverses Convictions Based on Double Jeopardy Violations by Christopher Zoukis by Christopher Zoukis The Supreme Court of New Mexico reversed a defendant’s convictions for shooting at a dwelling resulting in death or great bodily harm and conspiracy to shoot at a dwelling based on a violation …
Article • June 18, 2018
The Dominant Witness Theory: How Eyewitness Identification Becomes Flawed by Brian Leslie by Brian Leslie Eyewitness interviews are a vital part of any criminal investigation. How police approach, question, and vet witnesses can be a critical factor in why they target a specific suspect. The truth is many police agencies, …
Article • June 18, 2018 • from CLN July, 2018
Filed under: Criminal Procedure
Colorado Supreme Court: ‘Entry of Judgment’ for New Trial Motion Means Both Conviction and Imposition of Sentence by Dale Chappell by Dale Chappell “Entry of judgment” for purposes of a motion for new trial under Criminal Procedure Rule 33(c) means the finding of guilt and the imposition of a sentence, …
Sixth Circuit: Statute of Limitations for § 1983 Claim Accrues When Criminal Proceedings are Terminated by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Sixth Circuit ruled on March 15, 2018, that a claim for prosecutorial misconduct, brought by a wrongfully convicted defendant, does not …
Article • May 23, 2018
Eyewitness Sketches Provide ‘Stormy’ Results, Can Lead to False Convictions by Steve Horn by Steve Horn Stephanie Clifford, the adult film actress known as Stormy Daniels, has set off a flood of media coverage on her claims of having a sexual relationship with President Donald Trump and the subsequent non-disclosure …
Article • May 22, 2018 • from CLN June, 2018
Georgia Supreme Court Vacates Convictions and Sentences Due to Merger Errors by Matthew Clarke by Matt Clarke On December 11, 2017, the Supreme Court of Georgia vacated convictions and sentences for aggravated assault and firearms possession due to a merger error. Thyrell Depree Donaldson, a Georgia state prisoner, appealed his …
Brief • May 14, 2018
Langley v. Prince et al., LA, order, murder conviction, 2018 Case: 16-30486 Document: 00514472153 Page: 1 Date Filed: 05/14/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-30486 FILED May 14, 2018 RICKY LANGLEY, Lyle W. Cayce Clerk Petitioner …
Brief • May 11, 2018
Powers v. Iowa, appeal, investigative reports' admissibility, 2018 IN THE SUPREME COURT OF IOWA No. 16–1650 Filed May 11, 2018 DAVID M. POWERS, Appellant, vs. STATE OF IOWA, Appellee. Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge. Applicant for postconviction relief filed an interlocutory …
Dortch v. Arkansas, evidence negligent homicide, opinion, 2018 Cite as 2018 Ark. 263 SUPREME COURT OF ARKANSAS No. CR-17-76 SAMMY W. DORTCH, JR. Opinion Delivered: April 26, 2018 APPELLANT APPEAL FROM THE INDEPENDENCE COUNTY CIRCUIT COURT [NO. 32CR-16-13] V. STATE OF ARKANSAS HONORABLE JOHN DAN KEMP, JUDGE APPELLEE AFFIRMED IN …
Article • April 19, 2018 • from CLN May, 2018
Arizona Supreme Court Announces Defendants May Claim Both Self-Defense and Misidentification by Richard Resch by Richard Resch The Supreme Court of Arizona announced that a defendant is entitled to a self-defense jury instruction while simultaneously claiming a misidentification defense (he or she did not, in fact, commit the offense). In …
Article • April 19, 2018 • from CLN May, 2018
Eighth Circuit: Teague Analysis Bars Retroactive Application of Padilla Ineffective Assistance of Counsel Claim by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Eighth Circuit ruled that Teague v. Lane, 489 U.S. 288 (1989), which bars retroactive application of new rules of criminal procedure on …
Article • April 19, 2018 • from CLN May, 2018
Mississippi Supreme Court Reverses Conviction Ruling; State Failed to Prove ‘Constructive Possession’ of Marijuana by Dale Chappell by Dale Chappell The State failed to prove that packages of marijuana hidden in a car truck were in the “constructive possession” of a passenger, who was unaware they were there especially when …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Criminal Procedure
Utah Supreme Court Changes Course on Admissibility of Preliminary Hearing Testimony at Trial by Christopher Zoukis by Christopher Zoukis In a significant decision regarding Rule 804 of the Utah Rules of Evidence, the Utah Supreme Court reversed itself in a case involving the use of hearsay testimony from a preliminary …
Article • April 19, 2018 • from CLN May, 2018
Texas Court of Criminal Appeals: Furtive Gestures, Brief Visit Not Probable Cause by Dale Chappell by Dale Chappell The Court of Criminal Appeals of Texas (“CCA”) held that “furtive gestures” alone did not give police probable cause to search a vehicle under the automobile exception to the Fourth Amendment’s warrant …
Article • April 19, 2018 • from CLN May, 2018
Seventh Circuit Finds Plain Error Where Guilty Plea Accepted Without Rule 11 Colloquy by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Seventh Circuit reversed a conviction pursuant to a guilty plea that the district court accepted, but was not accompanied by a Federal Rule of …
Brief • April 6, 2018
Trulove v. D'Amico et al., CA, Police Framed Murder - verdict 2018 Case 4:16-cv-00050-YGR Document 523 Filed 04/06/18 Page 1 of 3 Case 4:16-cv-00050-YGR Document 523 Filed 04/06/18 Page 2 of 3 Case 4:16-cv-00050-YGR Document 523 Filed 04/06/18 Page 3 of 3
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