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California Court of Appeal Vacates Former NFL Star’s Rape Conviction Because Prosecutor’s Racial Statements During Closing Constituted ‘Racially Discriminatory Language’ in Violation of Racial Justice Act by Phillip Wasserman, J.D. by Phillip Wasserman, J.D. The Court of Appeal of California, Sixth Appellate District, held that the prosecution’s statements during closing …
Article • May 5, 2022
Texas Prosecutor Spent 20-Year Career Also Working as Law Clerk to Judges He Appeared Before by Kevin Bliss by Kevin W. Bliss Ralph Petty— retired prosecuting attorney of Midland County, Texas—has been accused of manipulating justice to meet his own ends for the 20 years he served in that role. …
Article • December 15, 2021 • from CLN January, 2022
Who Defends the Public Defenders? by Jayson Hawkins by Jayson Hawkins The Sixth Amendment to the U.S. Constitution offers a guarantee of the assistance of an attorney when accused of a crime. This guarantee has become a trope in countless movies and TV shows where suspects are advised: “If you …
Article • August 15, 2021 • from CLN September, 2021
Should Public Defenders Be Tweeting? by Anthony Accurso by Anthony Accurso New York’s public defender community is gaining popularity on Twitter by telling stories from their perspective on the criminal justice system, especially when highlighting flaws and injustices. However, there is vocal criticism whether they are crossing a line in …
Wyoming Supreme Court: District Court Abused Discretion by Granting State’s Dismissal of Charges Without Prejudice and Refiling to Gain Tactical Advantage, Remands for Dismissal With Prejudice by Douglas Ankney by Douglas Ankney The Supreme Court of Wyoming ruled that a district court abused its discretion when it dismissed without prejudice …
Washington Supreme Court Announces Misconduct of Petitioner’s Own Counsel Can Be Basis for Equitable Tolling in Habeas Proceeding by Douglas Ankney by Douglas Ankney In a case of first impression in the Supreme Court of Washington, the Court, sitting en banc, adopted the federal standard enunciated in Lawrence v. Florida, …
Article • May 15, 2020 • from CLN June, 2020
Filed under: Attorney Misconduct
Notorious Louisiana Prosecutor Fired for Misconduct Technicality by Edward Lyon by Ed Lyon Jason Brown was a ‘lock ‘em up tight and throw away the key’ type. One of the most disliked prosecutors in Caddo Parish, Louisiana, history, he was a hard-charging and inflexibly tough prosecutor who pushed for maximum …
Article • March 18, 2020 • from CLN April, 2020
Ninth Circuit Orders Habeas Relief After California Concedes Conviction Should Be Overturned Due to Defense Counsel’s ‘Virulent Racism’ by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit reversed the district court’s denial of Ezzard Charles Ellis’ petition for a writ of habeas corpus and …
Article • August 19, 2019 • from CLN September, 2019
Fourth Circuit Reverses Lower Court for Giving Dispositive Weight to Plea Agreement Language Rather Than Fact-Based Evaluation of Weight of Evidence in IAC Claim by David M. Reutter by David M. Reutter The U.S. Court of Appeals for the Fourth Circuit ruled that an attorney rendered ineffective assistance of counsel …
Article • April 12, 2019 • from CLN May, 2019
Q&A;: Ineffective Assistance of Counsel: Which Errors Are Worth Pursuing? by Brandon Sample, Dale Chappell by Brandon Sample, Esq., and Dale Chappell Question: I think my lawyer represented me poorly. How do I know if I have a claim of ineffective assistance of counsel? Perhaps the most common question after …
Counsel Ineffective for Failing to Move for Mistrial When Court Coerces Unanimous Verdict by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit held that a defendant did not receive effective assistance of counsel when his attorneys failed to object and move for a mistrial …
Article • February 15, 2019 • from CLN March, 2019
Sixth Circuit Vacates a Witness Tampering Conviction, Principally on the Ground that the District Court Erroneously Instructed the Jury on the Intent Element of Witness Tampering by Punch & Jurists By Punch & Jurists In a rare reversal of a witness tampering conviction, the Sixth Circuit, in Lobbins, held that …
Article • February 14, 2019 • from CLN March, 2019
Third Circuit Orders Habeas Relief Based on Trial Counsel’s Failure to Present or Even Investigate Mental Health and Juvenile Records in Pennsylvania Death Penalty Case by Matthew Clarke by Matt Clarke  On July 12, 2018, the U.S. Court of Appeals for the Third Circuit ordered that habeas relief be provisionally …
Article • January 18, 2019 • from CLN February, 2019
Texas Court of Criminal Appeals Rules Defense Attorney Violated McCoy, Reverses Capital Convictions and Orders New Trial by Chad Marks by Chad Marks The Court of Criminal Appeals of Texas ruled that defense counsel’s actions conceding guilt against defendant’s express wishes during trial violated his Sixth Amendment rights under McCoy. …
Article • December 31, 2018 • from CLN January, 2019
How Defense Lawyers Break Attorney-Client Privilege to Defend Ineffective Assistance of Counsel Claims by Steve Horn by Steve Horn A cardinal rule of defense lawyering – or any lawyering, for that matter – is to zealously advocate on behalf of your client. Yet in many states, incentive systems exist for …
Article • October 29, 2018 • from CLN November, 2018
ACLU Sues ‘Crooked’ Public Defender in Georgia by Edward Lyon by Ed Lyon Reid Zeh is Glynn County, Georgia’s public defender. As a lawyer, his personal conduct is far from the sterling standard expected from members of the Bar. In March 2018, he was jailed on a battery charge. He …
New Report: 60 Percent of Exonerations Stem from Official Misconduct by Steve Horn by Steve Horn The newly released 2017 edition of the National Registry of Exonerations report delivers big findings about the work done by conviction integrity units (“CIUs”), innocence projects, and what some legal experts refer to as …
Kluppelberg v. Burge, IL, Settlement REPORT OF SETTLEMENT Case: Judge Presiding: Nature of Case: Settlement: Kluppelberg v. Burge, et al., No. 13 cv 3963 (N.D. Ill.) Hon. Joan Humphrey Lefkow Section 1983 wrongful conviction $9,300,000.00 Plaintiff: James Kluppelberg Represented by: Jon Loevy Gayle Horn Loevy & Loevy 311 N. Aberdeen, …
Article • February 22, 2018
Filed under: Attorney Misconduct
Former Illinois State Attorney Indicted: Misconduct, Misappropriation of Funds by Dale Chappell by Dale Chappell A former Illinois state attorney was indicted by a grand jury September 5, 2017, on 17 counts of misconduct and misappropriation of public funds in connection with a special police force he created. Brian Towne …
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 …
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