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Third Circuit: Brady Claims in Habeas Petitions Timely When Filed Within One Year of Date Reason to Believe Prosecutor Violated Duty To Disclose by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit determined that Dennis v. Sec’y, 834 F.3d 263 (3d Cir. 2016), altered …
Article • March 15, 2021 • from CLN April, 2021
Pennsylvania Supreme Court Announces Departure From SCOTUS’ Vehicle Exception to Warrant Requirement, Commonwealth’s Constitution Provides Greater Protections by Anthony Accurso by Anthony Accurso The Supreme Court of Pennsylvania held that the Article I, Section 8 of the Commonwealth’s Constitution affords greater privacy protections to drivers than the Fourth Amendment to …
Article • March 15, 2021 • from CLN April, 2021
California Court of Appeal: Lack of Notice of Filing Deadline Due Process Violation, Allowing Late Challenge to Erroneous Parole Designation by Dale Chappell by Dale Chappell The Court of Appeal of California, Fourth Appellate District, held that the lack of adequate notice of a time limit to challenge an erroneous …
Ninth Circuit Announces Un-Mirandized Statement Used in Criminal Proceeding Violates Fifth Amendment and Supports § 1983 Claim by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit held that the use of an un-Mirandized statement against a defendant in a criminal proceeding violates the defendant’s …
Massachusetts Supreme Court Announces ‘Habitual Offender’ Statute Allows for Sentence of Probation Only by Dale Chappell by Dale Chappell Because the law ambiguously provides that a court must impose the “maximum term” for a prison sentence for someone convicted as a “habitual criminal,” the Massachusetts Supreme Judicial Court, applying the …
Article • March 15, 2021 • from CLN April, 2021
Hawai’i Supreme Court Announces Clarification of When Self-Induced Intoxication Exception of HRS § 702-230 Applies by Matthew Clarke by Matt Clarke The Supreme Court of Hawai’i (SCH) held that a trial court erred when it ruled that the HRS § 702-230(1) prohibition against self-induced intoxication as a defense barred a …
Article • March 15, 2021 • from CLN April, 2021
Filed under: Mental Health
STAR Program Redirecting Mental Health Emergency Calls Away From Police a Success in Denver by Kevin Bliss by Kevin Bliss USA Today reports that Denver, Colorado, is showing success with a new program that directs emergency 911 calls that deal with mental health issues, drug abuse, and homelessness to a …
Article • March 15, 2021 • from CLN April, 2021
Kentucky Supreme Court Announces Appellate Standard of Review for Domestic Abuse Exemption to Violent Offender Parole Eligibility by Anthony Accurso by Anthony Accurso The Supreme Court of Kentucky clarified the meaning of the statute that allows a defendant to be eligible for parole after serving 20% of their sentence despite …
Fifth Circuit: Evidence of Simple Drug Possession Insufficient to Search Cellphone Photos for Evidence of Drug Trafficking by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fifth Circuit held that evidence of mere possession of drugs together with an officer’s generalized allegations regarding the behavior of …
Article • March 15, 2021 • from CLN April, 2021
New Drone Tech Being Deployed by Police by Anthony Accurso by Anthony Accurso Law enforcement use of unmanned aerial vehicles, UAVs or “drones,” became more common during the pandemic and nationwide protests, but new drone technology being deployed by police departments has troubling implications for civil rights. Chula Vista, a …
Article • March 15, 2021 • from CLN April, 2021
California Supreme Court Announces SB 1437 Bars Second-Degree Murder Based on Natural and Probable Consequences Doctrine by Douglas Ankney by Douglas Ankney The Supreme Court of California held that Senate Bill 1437 (2017-2018 Reg. Sess.) (“SB 1437”) bars a conviction for second-degree murder predicated on the natural and probable consequences …
Article • March 15, 2021 • from CLN April, 2021
Pennsylvania Supreme Court: Officer Testified as Expert on Child Sexual Abuse Without First Being Qualified and 42 Pa.C.S. § 5920 Overruled Dunkle by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania held that a police officer testified as an expert without first being qualified by the court at …
Article • March 15, 2021 • from CLN April, 2021
"Kentucky Supreme Court: Hearing on Defense Counsel’s Fitness Is Critical Stage at Which Defendant Has Right to Be Present With Conflict-Free Counsel" by Douglas Ankney by Douglas Ankney The Supreme Court of Kentucky ruled that an in-chambers hearing held to address questions surrounding defense counsel’s fitness to proceed is a …
Article • March 15, 2021 • from CLN April, 2021
D.C. Circuit: Differing Counsel Effectiveness Findings Create Possible Injustice in Wired Plea Offer by David Reutter by David M. Reutter Having a fall partner presents many hazards when faced with law enforcement interrogations or during court proceedings. One of those hazards is when the Government offers a plea bargain that …
Article • February 16, 2021
Session’s Directive to Seek Harshest Sentencing Rescinded by by Kevin Bliss Acting Attorney General Monty Wilkinson recently issued a memo to the Department of Justice (DOJ) rescinding a Trump-era policy of seeking the highest charges and the longest sentence possible for offenders in all criminal cases. In 2013, Former Attorney …
Article • February 15, 2021 • from CLN March, 2021
Kansas Supreme Court: Wrong Standard Used in Review of Plea Withdrawal Motion Requires Remand by David Reutter by David M. Reutter The Supreme Court of Kansas held that when an appellate court determines a district court abuses its discretion by applying the wrong legal standard to its consideration of a …
Article • February 15, 2021 • from CLN March, 2021
Indiana Supreme Court: Speedy Trial Right Violated After 6.5 Years Without Retrial by Anthony Accurso by Anthony Accurso The Supreme Court of Indiana held that a defendant’s right to a speedy trial was violated where he was made to wait six-and-a-half years before he was retried on a pending 30-year …
Article • February 15, 2021 • from CLN March, 2021
Filed under: Validity of
First Circuit: Rehaif Error Rendered Guilty Plea Invalid by Dale Chappell by Dale Chappell Ever since SCOTUS decided in Rehaif v. United States, 134 S. Ct. 2191 (2019), that the government must prove as an element that a person had to know that he was a previously convicted felon to …
Article • February 15, 2021 • from CLN March, 2021
Filed under: Wrongful Conviction
Walter Forbes of Michigan Exonerated After 37 Years in Prison by Kevin Bliss by Kevin Bliss Walter Forbes was exonerated, then freed in November 2020 after 37 years in prison for an arson and murder he did not commit. The state’s key witness admitted to fabricating the story that convicted …
Article • February 15, 2021 • from CLN March, 2021
Mens Rea: Criminal Liability Should Equal Criminal Intent by Casey Bastian by Casey Bastian The American justice system was premised on certain legal principles. One of its most vital foundational principles was mens rea. Mens rea is Latin and literally means “guilty mind.” The principle that, to hold someone liable …
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