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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 …
Massachusetts Breathalyzer Malfunctions, Evidence Withheld by The Massachusetts Executive Office of Public Safety and Security released a bombshell 126-page report on October 16, 2017 that found a practice of intentionally withholding evidence from defense attorneys by the state’s Office of Alcohol Testing (“OAT”). Melissa O’Meara, technical leader of the office, …
Article • January 19, 2018 • from CLN February, 2018
Eighth Circuit Reverses Convictions Due to Constructive Amendment of Charges by Mark Wilson by Mark Wilson The United States Court of Appeals for the Eighth Circuit reversed a man’s convictions for interfering with two forestry workers, ruling that the prosecution and court constructively amended his charges. Thomas McDill owned property …
Article • January 19, 2018 • from CLN February, 2018
Filed under: Criminal Procedure
10th Circuit Suppresses Evidence Based on Overbroad Protective Sweep Under Buie by Richard Resch by Richard Resch The U.S. Court of Appeals for the Tenth Circuit ruled that a protective sweep of a house conducted incident to the lawful arrest of an occupant was too broad and thus was not …
Article • January 19, 2018 • from CLN February, 2018
Filed under: Criminal Procedure
Georgia Hearsay Admissible Under Co-Conspirator Exception by Mark Wilson by Mark Wilson The Georgia Supreme Court held that a criminal defendant was not denied effective assistance of trial counsel when his attorney failed to object to hearsay and a detective’s improper comment on his pre-trial silence. Rather, the hearsay was …
Article • January 19, 2018 • from CLN February, 2018
Kentucky Supreme Court Clarifies Adoptive Admission Exception to Hearsay Rule by Christopher Zoukis by Christopher Zoukis The Kentucky Supreme Court has clarified exactly what the “adoptive admission” exception to the hearsay rule is under Kentucky law and how it applies in a criminal trial. The teachable moment came in a …
Article • January 19, 2018 • from CLN February, 2018
Colorado Supreme Court: Criminal Defendant Seeking to Fire Paid, Retained Counsel for Court-Appointed Counsel Need Not Show Good Cause by Christopher Zoukis by Christopher Zoukis The Colorado Supreme Court ruled that a criminal defendant may fire retained counsel without any showing of good cause when seeking to replace retained counsel …
Article • January 19, 2018 • from CLN February, 2018
Oregon Court Vacates Order Refusing to Seal Arrest Record by Mark Wilson by Mark Wilson Under ORS 137.225(l)(b), “at any time after ... a dismissal of the charges,” an “arrested person may apply” to the trial court “for an order setting aside the record of arrest.” The court is required …
Article • January 19, 2018 • from CLN February, 2018
Filed under: Criminal Procedure
Vermont Guilty Plea Requires Defendant to Personally Acknowledge Factual Basis for Each Element of the Offenses Charged by Mark Wilson by Mark Wilson The Vermont Supreme Court reversed a defendant’s conviction because she never personally admitted to a factual basis for her plea in violation of Vermont Rule of Criminal …
Massachusetts High Court Vacates OUI Conviction for Improper Jury Instruction in Which Judge Told Jury to Disregard the Absence of Any Sobriety Tests by Christopher Zoukis by Christopher Zoukis The Supreme Judicial Court of Massachusetts ruled that a defendant accused of operating a motor vehicle while under the influence (“OUI”) …
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