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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
Fifth Circuit: “Fugitive from Justice” Enhancement Requires Intent to Avoid Prosecution by Dale Chappell by Dale Chappell The government must show that a defendant had the “express intent” in fleeing to avoid prosecution to prove he was a “prohibited person” under the “fugitive from justice” definition with respect to owning …
Article • February 16, 2018 • from CLN March, 2018
Mississippi Capital Murder Conviction Reversed Due to Prosecutorial Misconduct by Christopher Zoukis by Christopher Zoukis The Mississippi Supreme Court reversed the conviction and death sentence of a man accused of the capital murder of a two-year-old child. The reversal resulted from several errors made at trial, as well as the …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Criminal Procedure
Court of Criminal Appeals of Texas: Holds Trial Objection Enough to Preserve Issue for Appeal by Dale Chappell by Dale Chappell When counsel objects at trial to a particular issue—even if it had failed to raise it in a pre-trial written motion—that objection is enough to “preserve” the issue for …
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
Seventh Circuit: Capital Case Defendant Denied Pro Se Right Granted Habeas Relief by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Seventh Circuit granted a state prisoner’s petition for habeas corpus relief because the prisoner was denied his right to proceed pro se at trial, in …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Criminal Procedure
Jury Nullification: A Crucial Check on Government Power by Christopher Zoukis by Christopher Zoukis The power of government in everyday American life cannot be overstated. In the criminal justice setting, the government is essentially all-powerful. When accused of a crime, a citizen faces arrest at the hands of armed police, …
U.S. Murder Clearance Rates Among Lowest in the World by Matthew Clarke by Matt Clarke Statistically, U.S. law enforcement agencies are the worst crime solvers in the Western world. According to official data, there are arrests for about one-eighth of burglaries, about one-third of rapes, and about two-thirds of murders. …
Article • February 16, 2018 • from CLN March, 2018
California Legalization of Marijuana Allows Convicted to Petition by Derek Gilna by Derek Gilna Proposition 64, which legalizes the sale of recreational marijuana in the state of California, also has a less publicized benefit for those with state marijuana felonies on their record. It allows them to petition to have …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Criminal Procedure
California Court of Appeal: Prejudice “Presumed” Where Jury Discussed Defendant’s Decision Not to Testify by Dale Chappell by Dale Chappell A jury’s multiple discussions about why a defendant chose not to testify, despite the court’s warnings not to consider them, were sufficient misconduct to presume prejudice, the Court of Appeal …
Article • February 16, 2018 • from CLN March, 2018
Rhode Island Supreme Court Rules “Backseat Driver” Is a Real Thing Under Criminal Statutes by Christopher Zoukis by Christopher Zoukis The Rhode Island Supreme Court has determined that a passenger in the back seat of a vehicle who lunges forward and jerks the steering wheel qualifies as an “operator” of …
Article • February 16, 2018 • from CLN March, 2018
San Francisco and San Diego Expunging Marijuana Convictions Under Prop 64 by San Francisco District Attorney George Gascón is acting upon a provision of Proposition 64 that has received relatively little media attention but is nonetheless extremely significant for tens of thousands of individuals—reduction, dismissal, or expungement of certain previous …
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 …
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 …
Article • February 8, 2018
FOIL Exemption Applies to Civil and Criminal Law Enforcement by David Reutter by David Reutters A New York appellate court held that the New York State Education Department correctly redacted or exempted public records compiled for auditing special education costs because they were compiled for civil law enforcement purposes. The …
Article • January 19, 2018
South Carolina Supreme Cancels Thousands of Bench Warrants Due to Constitutional Violations by Christopher Zoukis by Christopher Zoukis Thousands of arrest warrants have been recalled by county magistrates and municipal judges across the state after South Carolina Supreme Court Chief Justice Donald Beatty issued new instructions to local magistrates. On …
Article • January 19, 2018 • from CLN February, 2018
Ohio Supreme Court: Dismissal Without Prejudice Is a Final and Appealable Order by Dale Chappell by Dale Chappell Counts in a multicount indictment that are dismissed without prejudice do not prevent a judgment of conviction on other counts from being “final and appealable,” the Ohio Supreme Court held. Andrew Jackson …
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 …
Article • January 19, 2018 • from CLN February, 2018
Misdemeanor Defendants Facing Jail Time Not Told They Have a Right to Counsel, Bar Association Finds by Topher Sanders by Topher Sanders, ProPublica American Bar Association monitors report misdemeanor defendants in Nashville often aren’t told they are entitled to a lawyer even when their charges mean they could end up behind …
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