Utah Supreme Court Announces Framework for Analyzing Combined Brady and Napue Violations, Affirms Postconviction Relief in Capital Murder Case by Douglas Ankney by Douglas Ankney In a case involving an issue of first impression in Utah, the Supreme Court of Utah adopted a two-step analytical framework for evaluating prejudice when …

Eleventh Circuit Announces Defendant Must Know Leaving Residential Facility Without Permission Is ‘Unlawful’ for Escape Conviction Under 28 U.S.C. § 4082(a) by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Eleventh Circuit reversed a federal criminal defendant’s escape conviction for leaving a residential reentry facility without …

Massachusetts Supreme Court Announces Requirement Prosecution Prove Defendant Knew Firearm Was Loaded Applies Retroactively by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts (“SJC”) concluded that the holding in Commonwealth v. Brown, 479 Mass. 600 (2018), which requires the Commonwealth to prove that a defendant knew a …