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Indigent Defense in America: An Affront to Justice by Christopher Zoukis by Christopher Zoukis The Sixth Amendment to the United States Constitution provides that “[i]n all criminal prosecutions, the accused shall have the right ... to have the Assistance of Counsel for his defense.” What exactly the “right” to counsel in …
West Virginia Supremes: Previous Nonviolent Crimes, Life Sentence Unconstitutional by Dale Chappell by Dale Chappell The Supreme Court of Appeals of West Virginia held that a life sentence based on two prior driving on a revoked license felonies violated the West Virginia Constitution’s provision that “[p]enalties shall be proportioned to …
Article • March 16, 2018 • from CLN April, 2018
Filed under: Criminal Procedure
California Court of Appeal Holds State Must Prove Stolen Car’s Value for Felony Theft of Vehicle Conviction by Dale Chappell by Dale Chappell On January 23, 2018, the Court of Appeal of California, Fifth Appellate District, held that theft of a vehicle worth less than $950 was not a felony …
Article • March 16, 2018 • from CLN April, 2018
Magistrate Judge: Change Rule of Evidence That Allows Prior Conviction to Impeach Witness by Derek Gilna by Derek Gilna Judicial proceedings are governed by strict rules, but none is more burdensome to convicted offenders than having their testimony disregarded because of a prior felony conviction. Federal proceedings are governed by …
Article • March 16, 2018 • from CLN April, 2018
Gang Enhancement: California Court Reverses Denial of Motion for New Trial by Derek Gilna by Derek Gilna The Court of Appeal of California, Second Appellate District, Division One, reversed a trial court’s denial of a defendant’s motion for a new trial on the issue of whether or not a gang …
Article • March 16, 2018 • from CLN April, 2018
U.S. Supreme Court: Guilty Plea No Bar to Defendant Challenging Constitutionality by Richard Resch by Richard Resch The U.S. Supreme Court held that a guilty plea alone does not bar a federal criminal defendant from challenging the constitutionality of his statute of conviction on direct appeal. In September 2013, Rodney …
Article • March 16, 2018 • from CLN April, 2018
Lack of Criminal Intent: Missouri Supreme Acquits on Drug Possession Charge by Suzanne Bring by Suzanne Bring The Missouri Supreme Court held that there was insufficient evidence to convict the defendant of possession of meth because her mere presence at a residence in which meth was discovered, without more, does …
Article • March 16, 2018 • from CLN April, 2018
7 Years Pre-Trial Incarceration: Vacated Convictions by This decision is a rare example of a criminal defendant actually getting permanent relief based on a violation of his speedy trial rights. Joseph Tigano, III and his father, Joseph Tigano, Sr., were arrested on July 8, 2008 on charges related to a …
Not Disclosed: NSA-Obtained Evidence by Derek Gilna by Derek Gilna The Intercept has revealed that Foreign Intelligence Surveillance Act (“FISA”) evidence is frequently being used to convict people in federal court without disclosing to defendants that such evidence is being relied upon, as required by federal law. “The FBI frequently searches …
Article • March 16, 2018 • from CLN April, 2018
Pennsylvania Supremes: Modified “Vertical” Approach to Collective Knowledge Doctrine by Richard Resch by Richard Resch In January 2018, the Pennsylvania Supreme Court refined the contours of the collective knowledge doctrine as it exists in the Commonwealth. The doctrine relates to the warrantless seizure of a person by an officer acting as …
Article • March 16, 2018 • from CLN April, 2018
Defense Fails to Present Diminished Capacity, Ninth Circuit Vacates Murder Convictions by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Ninth Circuit granted a California state prisoner’s petition for a writ of habeas corpus and vacated the prisoner’s convictions for first degree murder. The Court, in …
Article • March 16, 2018 • from CLN April, 2018
Miranda Violation: 9th Circuit Reverses Murder Conviction by Christopher Zoukis by Christopher Zoukis The Ninth Circuit Court of Appeals reversed the murder conviction of a 14-year-old boy who confessed to the crime after invoking his right to counsel. The Court concluded that the boy’s Miranda rights were violated. The September …
Article • March 16, 2018 • from CLN April, 2018
Filed under: Criminal Procedure, DUI
Defendant’s Right to Testify Violated: Hawaii Supreme Vacates Conviction by Norma Gonzalez by Norma Gonzalez The Supreme Court of Hawaii vacated the defendant’s conviction for operating a vehicle under the influence of an intoxicant because the defendant’s waiver of the right to testify was not voluntarily, intelligently, and knowingly made. …
Article • March 16, 2018 • from CLN April, 2018
Witness Misidentification: Ohio Man’s 14 Convictions Vacated by Mark Wilson by Mark Wilson An Ohio man who was convicted of a violent home invasion robbery on the basis of faulty eyewitness identifications was exonerated just minutes before being sentenced to a lengthy prison term. On February 5, 2017, a man …
Article • March 16, 2018 • from CLN April, 2018
Filed under: Criminal Procedure
Texas: Retroactive Application of Law That Decriminalized Specific Conduct Not Violation of Separation of Powers by Dale Chappell by Dale Chappell The Court of Criminal Appeals of Texas (“CCA”) held that the state legislature does not violate the Separation of Powers Clause of the Texas Constitution when it exercises its power …
Article • February 16, 2018 • from CLN March, 2018
Driver’s License Required for Conviction as Florida Habitual Traffic Offender by David Reutter by David Reutter The Florida Supreme Court held that possession of a driver’s license is a prerequisite to a conviction as a habitual traffic offender under section 322.34(5), Florida Statutes. Daryl Miller was charged with a third …
Article • February 16, 2018 • from CLN March, 2018
Questioning the Use of DNA Testing Software in Criminal Prosecution by Christopher Zoukis by Christopher Zoukis The use of DNA evidence in criminal trials has become ubiquitous. Because DNA evidence is highly persuasive to judges and juries, several new tests purport to make positive DNA matches using minuscule amounts of …
Article • February 16, 2018 • from CLN March, 2018
Maine Supreme Court: State Must Provide Evidence to Support Probation Revocation by Dale Chappell by Dale Chappell The State carries the burden of proving that a probationer has violated his probation in order to support a revocation of probation, the Maine Supreme Court held on December 12, 2017. Cory Kibbe …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Criminal Procedure
Texas Court of Criminal Appeals: Right to Appeal Judge’s Questioning Not Forfeited by Failure to Object by Dale Chappell by Dale Chappell The right to appeal a judge’s improper questioning of a witness during trial was not forfeited by the defendant’s failure to object contemporaneously because such an error is …
Article • February 16, 2018 • from CLN March, 2018
Washington Court of Appeals Reverses Murder Conviction Due to Prejudicial PowerPoint by Richard Resch by Richard Resch The Washington Court of Appeals, Division I determined that the use of specific PowerPoint slides intended to establish the characters of defendant and victim and their actions in conformity therewith amounted to prosecutorial …
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