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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 …
Article • February 16, 2018 • from CLN March, 2018
Two-Party Consent Law Forces Dismissal of 61 Cases in Washington Sting by Sixty-one of 110 men arrested in an ambitious prostitution sting in Bellevue, Washington in August 2017 have had their cases dismissed. Police who made the arrests recorded audio of part of the operation in violation of Washington state …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Criminal Procedure
Georgia Supreme Court Reverses Mutually Exclusive Guilty Verdicts by Christopher Zoukis by Christopher Zoukis The Georgia Supreme Court answered an unusual, yet significant, question on December 11, 2017. Can a conviction that requires proof that a rental car was stolen outside of the state coexist with a conviction that requires …
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 …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Criminal Procedure
Ohio Supreme Court: Courts Can Seal Case Records Prior to Expiration of Statute of Limitations by Dale Chappell by Dale Chappell A trial court may seal the records of a person whose case has been dismissed without prejudice before the statute of limitations for the offense expires, the Ohio Supreme …
Article • February 16, 2018 • from CLN March, 2018
Massachusetts Supreme Court: Sleeping Juror Is “Structural Error,” Requires Intervention by Dale Chappell by Dale Chappell The Massachusetts Supreme Court reversed convictions for involuntary manslaughter and assault and battery and ordered a new trial because the trial judge failed to conduct voir dire after the prosecutor advised that some jurors …
Article • February 16, 2018 • from CLN March, 2018
CA Court Rejects Inventory Search and Inevitable Discovery Arguments in Warrantless Search Case by Richard Resch by Richard Resch The Court of Appeal of California, First Appellate District, ruled that evidence obtained in violation of the Fourth Amendment and the California Constitution should have been suppressed, and it reversed defendant’s …
Article • February 16, 2018 • from CLN March, 2018
California Court of Appeal: Prior Felony Does Not Convert “Wobbler” Into Felony by Dale Chappell by Dale Chappell The fact that a defendant admitted he had prior qualifying felonies for a Cal Pen Code § 665(a) enhancement does not convert his current “wobbler” into a felony, and the trial judge …
Article • February 16, 2018 • from CLN March, 2018
Georgia Supreme Court Instructs Federal Courts on Its Habeas Review Process by Richard Resch by Richard Resch On January 16, 2018, the Supreme Court of Georgia issued an instructive per curiam opinion in which it announced the need for it to explain its habeas application review process. According to the …
Article • February 16, 2018 • from CLN March, 2018
First Circuit: Plain Error Standard Met When Trial Court Emphasized Erroneous Jury Instruction by Dale Chappell by Dale Chappell The trial court’s repeated inclusion of an erroneous element in the jury instructions amounted to a “plain error,” which led the U.S. Court of Appeals for the First Circuit to vacate …
Article • February 16, 2018 • from CLN March, 2018
Use of Sentencing Mitigation Videos Grows by Derek Gilna by Derek Gilna Defendants who plead guilty on both the state and federal level generally are interviewed by the sentencing jurisdiction’s probation department, which seeks background information regarding the criminal history, family history, and health history of the defendant in order …
Article • February 16, 2018 • from CLN March, 2018
DNA Evidence: New Jersey Court Vacates Two 1996 Murder Convictions by Mark Wilson by Mark Wilson After spending 24 years behind bars for murder, Eric Kelley and Ralph Lee walked out of a New Jersey prison in November 2017. Weeks earlier, New Jersey Superior Court Judge Michael Portelli had vacated …
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