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Rhode Island Supreme Court Announces Indigent First-Time Applicant for Postconviction Relief Entitled to Counsel Even When Not Requested; Superior Court Must Determine Whether Applicant Intended to Waive Right to Counsel and Whether Done Knowingly, Vol by Phillip Wasserman, J.D. The Supreme Court of Rhode Island quashed the orders of the …
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 …
Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments by Sam Rutherford by Sam Rutherford The Supreme Court of Hawai’i reversed a murder conviction for prosecutorial misconduct where a deputy prosecutor described the defendant as a liar and inserted personal opinions concerning …
Article • December 15, 2024 • from CLN January, 2025
Colorado Supreme Court Announces When Deciding Defendant’s Pro Se Motion Requesting Counsel on Postconviction Review, Trial Court Must Either Deny Entire Motion or Permit All Claims If Any Have Arguable Merit by Sam Rutherford by Sam Rutherford The Supreme Court of Colorado issued an opinion defining the scope of a …
Indigent Defense: Appointed Counsel Does Not Mean Free Counsel by David Reutter by David M. Reutter The law firmly provides that every criminal defendant has the constitutional right to the effective assistance of counsel. Appearance of counsel is largely dependent upon one’s financial state. A person of financial means is …
Reform-Minded Prosecutors Face Backlash for Prosecuting Bad Cops by Sam Rutherford by Sam Rutherford   In the wake of the Black Lives Matter movement spurred by the police-involved killing of George Floyd, citizens across the country elected reform-minded prosecutors who ran on platforms promising accountability for police who break the …
Article • June 15, 2024 • from CLN June, 2024
Indiana Supreme Court Clarifies Framework for Determining When Courts May Apply Cash Bail to Public-Defender Costs and to Fines, Costs, and Fees by Douglas Ankney by Douglas Ankney   The Supreme Court of Indiana clarified the framework for determining when a court may apply a cash bail toward payment of …
Filing • May 3, 2024
Prison Legal News v. Ryan, AZ, Settlement Agreement, PLN Censorship, 2024 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (the "Settlement Agreement") is made and entered into by and among: "Plaintiff': Prison Legal News, a project of the Human Rights Defense Center (referred to herein as ''Plaintiff'). "Defendant": State …
Article • April 15, 2024 • from CLN April, 2024
California Attorney General Issues Memo Prohibiting Out-of-State Sharing of ALPR Data by Anthony Accurso by Anthony W. Accurso Rob Bonta, the Attorney General for the state of California, issued a memo to law enforcement agencies in the state, which interprets SB 34 and forbids them from sharing with out-of-state agencies …
Filing • March 20, 2024
Prison Legal News v. Ryan, AZ, Order Granting Attorneys' Fees and Expenses, PLN Censorship, 2024 Case 2:15-cv-02245-ROS Document 379 Filed 03/20/24 Page 1 of 18 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Prison Legal News, Plaintiff, 10 …
Article • February 15, 2024 • from CLN February, 2024
Study Finds Public Defenders’ Heavy Workloads Prevent Effective Representation, Amendments to 50-Year-Old Guidelines Recommended by Douglas Ankney by Douglas Ankney The National Public Defense Workload Study (“Study”) examined the guidelines created by the National Advisory Committee in 1973 (“NAC Standards”) that determine the recommended number of cases annually that a …
Article • December 15, 2023 • from CLN December, 2023
After Mississippi Supreme Court Announcement, Courts Unprepared to Ensure Poor Defendants Have a Lawyer Throughout the Criminal Process by Jo Ellen Nott by Jo Ellen Nott The Mississippi Supreme Court mandated on April 13, 2023, that poor criminal defendants must have an attorney throughout the entire criminal process. In re …
Article • December 15, 2023 • from CLN December, 2023
Natural Language Processing Software Can Identify Biased Jury Selection, Has Potential to Be Used in Real Time During Voir Dire by Jo Ellen Nott by Jo Ellen Nott The Journal of Empirical Legal Studies published a ground-breaking study out of Cornell University that proves prosecutors question Black venire persons in …
Brief • May 16, 2023
Anderson v Grayson County, TX, Complaint, Failure to Appoint Counsel, 2023 Case 4:23-cv-00439 Document 1 Filed 05/16/23 Page 1 of 18 PageID #: 1 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION CHAZDON ANDERSON, Plaintiff, v. GRAYSON COUNTY; HON. JAMES P. FALLON, in his official capacity …
Eighth Circuit: Defendant Facing Revocation of Supervised Release Did Not Knowingly and Voluntarily Waive Right to Counsel Where Appointed Counsel Admittedly Knew Nothing About Case and Advised Choosing Between ‘Big House or the Nut House’ by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Eighth Circuit …
Filing • March 21, 2023
Prison Legal News v. Ryan, AZ, Order Granting Attorneys’ Fees on Appeal, PLN Censorship, 2023 Case 2:15-cv-02245-ROS Document 364 Filed 03/21/23 Page 1 of 8 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FILED MAR 21 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS PRISON LEGAL NEWS, a …
Craig v. County of Orange, CA, Order Granting Attorney Fees, Wrongful Death (Excessive Force), 2023 Case 8:17-cv-00491-CJC-KES Document 280 Filed 02/21/23 Page 1 of 15 Page ID #:7704 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 SOUTHERN DIVISION 11 12 …
Colorado Supreme Court Announces Courts Not Required to Address All 11 Brown Factors in Ruling on Defendant’s Motion for Continuance to Change Counsel by Harold Hempstead by Harold Hempstead In addressing an issue of first impression, the Supreme Court of Colorado en banc clarified its decision in People v. Brown, …
Article • May 15, 2022 • from CLN June, 2022
Filed under: Public Defenders
ABA Says Oregon Needs 1,296 More Public Defenders by Mark Wilson by Mark Wilson Oregon’s 592 contracted public defenders, in a state with more than 4.2 million citizens, amount to just 31% of the attorneys needed to represent the state’s indigent criminal defendants, according to a two-year study by the …
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. …
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