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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
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 …
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