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Brief • April 11, 2018
People of California v. Lopez, right to counsel of choice, court order, 2018 Filed 4/11/2018 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE THE PEOPLE, Plaintiff and Respondent, A148539 v. (Napa County Super. Ct. No. CR169387) GABRIEL ELENA LOPEZ, Defendant …
Brief • March 29, 2018
Williams v. Murphy, CT, ruling, aid of judgment, 2018 Case 3:13-cv-01154-MPS Document 280 Filed 03/29/18 Page 1 of 45 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT RASHAD WILLIAMS, Plaintiff, No. 3:13-cv-01154 (MPS) v. PETER MURPHY, ET AL., Defendants. RULING ON MOTIONS FOR AID OF JUDGMENT AND RELEASE OF FUNDS I. …
Oregon Police Illegally Enter, Search, Issue Bogus Citation by Edward Lyon by Edward B. Lyon At 2:30 a.m. on November 26, 2002,  Eugene, Oregon policemen Roger Maganana and Melvin Thompson attempted to enter Phillip Piper's apartment by subterfuge. Not allowed in/ they obtained police sergeant William Harris' permission to enter the residence for a …
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 …
Article • March 16, 2018 • from CLN April, 2018
Mississippi Supreme Court Caps Attorney’s Fees in Wrongful Conviction Cases at 25% by The Mississippi Supreme Court held that the state statute governing attorney’s fees in wrongful conviction and imprisonment cases sets out an escalation of fees tied to each stage of the case with the fee award capped at …
Article • March 16, 2018
Inadequate Public Defender Offices Prompt ACLU Suit by Dale Chappell by Dale Chappell "Innocent until proven guilty” is a “cruel and hollow motto when you don’t have an adequate defense, and the government is employing its vast resources to lock you up and take away your freedom,” the ACLU says …
Kluppelberg v. Burge, IL, Settlement REPORT OF SETTLEMENT Case: Judge Presiding: Nature of Case: Settlement: Kluppelberg v. Burge, et al., No. 13 cv 3963 (N.D. Ill.) Hon. Joan Humphrey Lefkow Section 1983 wrongful conviction $9,300,000.00 Plaintiff: James Kluppelberg Represented by: Jon Loevy Gayle Horn Loevy & Loevy 311 N. Aberdeen, …
Article • February 22, 2018
ABA: Tennessee Court Violates Misdemeanants Right to Counsel by David Reutter by David Reutter At the request of the American Bar Association (ABA) Section of Civil Rights and Social Justice, Arch City Defenders of St. Louis conducted a court watching program of Tennessee's Davison County General Sessions Criminal Court in …
Article • February 22, 2018
Filed under: Attorney Misconduct
Former Illinois State Attorney Indicted: Misconduct, Misappropriation of Funds by Dale Chappell by Dale Chappell A former Illinois state attorney was indicted by a grand jury September 5, 2017, on 17 counts of misconduct and misappropriation of public funds in connection with a special police force he created. Brian Towne …
Article • February 22, 2018
Overzealous Prosecutors Getting the Boot by Christopher Zoukis by Christopher Zoukis All across the nation, a major pushback against hardline, tough on crime prosecutors is taking place. In the same election cycle which saw the elevation of "law and order" candidate Donald Trump to the presidency, several high profile prosecutors …
Article • February 16, 2018 • from CLN March, 2018
Louisiana Indigent Defendants Face Death Penalty Without Lawyers by Christopher Zoukis by Christopher Zoukis The indigent defense crisis in Louisiana continues, but it is now taking a new and more ominous direction. In order to fund local public defenders, the state has taken $3 million from capital defenders, leaving at …
Article • February 16, 2018 • from CLN March, 2018
Few Indigent Defendants Have Lawyer at Arraignment by Mark Wilson by Mark Wilson "Giving defendants a lawyer, treating them with respect, and honoring the Constitution give them more confidence in what we’re trying to do,” observes Michigan District Court Judge Tom Boyd. “That starts with giving them the respect they …
Curb False Confessions: Provide Suspects With Lawyers by Derek Gilna by Derek Gilna According to the nonprofit National Registry of Exonerations, Cook County, Illinois has a false confession rate three times higher than the national average. In November 2017, Cook County Prosecutor Kim Foxx dropped criminal cases against 15 men …
Article • February 16, 2018 • from CLN March, 2018
Hawaii Supreme Court: Defendants Entitled to Hearing Within 2 Days by Dale Chappell by Dale Chappell There is a “strong presumption” a defendant held in custody beyond two days without a preliminary hearing (or other method to show probable cause), absent “compelling circumstances,” must be released, the Hawaii Supreme Court …
Article • February 16, 2018 • from CLN March, 2018
Oregon Appeals Court: Defense Counsel Constitutionally Inadequate in Sexual Abuse Case by Mark Wilson by Mark Wilson The Oregon Court of Appeals upheld a post-conviction court’s judgment that a criminal defendant was denied effective assistance of trial counsel when his lawyer failed to object to an expert witness vouching for …
Article • February 16, 2018 • from CLN March, 2018
Ninth Circuit Warns Prosecutors Against Interfering With Defendants’ Legal Representation; Reverses First-Degree Murder Convictions by Richard Resch by Richard Resch The U.S. Court of Appeals for the Ninth Circuit determined that James Michael Wells did not receive a fair trial, reversed his first-degree murder convictions, and remanded for a new …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Public Defenders
Overworked Missouri Public Defenders Fear Suspensions and Firing by Mark Wilson by Mark Wilson "They just demonstrated they’re going to prosecute us, and the Supreme Court just demonstrated that they’re going to punish us,” said Michael Barrett, director of the Missouri public defender system, in response to the suspension of …
Prosecutor’s “Animosity” Toward Defense Leads Oregon Appeals Court to Vacate Convictions by Mark Wilson by Mark Wilson The Oregon Court of Appeals concluded that a prosecutor’s criticism of defense counsel during closing argument “crossed the boundary of permissible argument and prejudiced defendant’s right to a fair trial.” Doug Brunnemer was …
Brief • February 6, 2018
Harden v. State of Delaware, ruling, post-conviction relief, 2018 IN THE SUPREME COURT OF THE STATE OF DELAWARE DARIUS O. HARDEN, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 290, 2017 Court Below: Superior Court of …
The Fair Punishment Project Details an “Epidemic of Brady Violations” by Christopher Zoukis by Christopher Zoukis The Fair Punishment Project (“FPP”), a criminal justice reform group, released a report in November 2017 detailing an “epidemic” of Brady violations taking place in criminal courts across the country. The U.S. Supreme Court …
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