Shelby County DA Oversees Retesting After Forensic Analyst’s Dismissal for ‘Unethical Conduct’ by Sam Rutherford Shelby County District Attorney Steve Mulroy is overseeing the retesting of forensic evidence in multiple sexual assault cases after the Tennessee Bureau of Investigation (“TBI”) terminated a forensic analyst at its Jackson laboratory for “unethical …

Ninth Circuit Announces Issues Not Raised in Prior Appeal Are Not Waived on Subsequent Appeal Following De Novo Resentencing by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Ninth Circuit held that issues not raised in a prior appeal are …

Third Circuit Announces COA Required for Federal Prisoner Appealing District Court’s Choice of Remedy in § 2255 Proceeding by Douglas Ankney by Douglas Ankney In a case of first impression in the Circuit, the U.S. Court of Appeals for the Third Circuit held that a federal prisoner appealing a District …

Kansas Supreme Court: Defendants May File a Motion to Correct Illegal Sentence in Appellate Court While on Direct Review by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas held that Kansas law permits a defendant to file a motion to correct an illegal sentence in appellate court on …

Nevada Supreme Court: Trial Court Erred in Denying Motion to Substitute Counsel Where Ample Evidence Showed Counsel Was Unprepared and Motion Timely by Harold Hempstead by Harold Hempstead The Supreme Court of Nevada ruled that a trial court erred in denying defendant’s motion to substitute counsel where the record demonstrated …

Arizona Supreme Court: Trial Court’s Failure to Protect Defendant’s Right to Conflict-Free Counsel May Be Raised on Direct Appeal 16 Massachusetts Supreme Court: Error to Exclude Expert Testimony on Significance of Tattoo to Support Claim of Self-Defense by Douglas Ankney by Douglas Ankney The Supreme Court of Arizona affirmed a …

The Federal Habeas Corpus: Government’s Response and Your Reply by Dale Chappell by Dale Chappell After working hard to set out the claims in your federal habeas corpus petition, along comes the person having custody over you and files a response in court that recharacterizes your claims and makes you …

The Prisoner Trade, Harvard Law Review, 2020 VOLUME 133 APRIL 2020 NUMBER 6 © 2020 by The Harvard Law Review Association ARTICLES THE PRISONER TRADE Emma Kaufman CONTENTS INTRODUCTION .......................................................................................................................... 1817 I. BUILDING THE AMERICAN PENAL ESTATE .................................................................... 1822 A. The Rise of Regional Prison Governance .................................................................... 1822 B. The …

Utah Supreme Court: Dismissal of Second Post-Conviction Petition Improper Where First Petition Voluntarily Withdrawn by Douglas Ankney by Douglas Ankney The Supreme Court of Utah held that there was no previous request for post-conviction relief to support dismissal of a second petition under Utah Code § 78B-9-106(1)(d) of the Post-Conviction …