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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 …
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 …
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