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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 …
Maryland Supreme Court Clarifies Process for Admitting Co-Conspirator’s Hearsay Statements During Police Interview Under ‘Declaration Against Penal Interest’ Exception, Trial Court Must ‘Parse’ Interview to Determine Admissibility of Each Statement by Sam Rutherford by Sam Rutherford The Supreme Court of Maryland clarified the process a trial court must follow when …
Article • April 15, 2024 • from CLN April, 2024
Massachusetts Supreme Judicial Court Announces Constructive Denial of Right to Counsel Where Defense Counsel Sleeps for Significant Portion or During Important Aspect of Trial by David Reutter by David M. Reutter In a case of first impression, the Massachusetts Supreme Judicial Court held that “a defendant constructively is deprived of …
Oregon Supreme Court Clarifies Test to Determine When Person Becomes Agent of the State and Rules Jailhouse Snitch Was Agent, Requiring Suppression of Defendant’s Statements by Anthony Accurso by Anthony W. Accurso The Supreme Court of Oregon upheld a Court of Appeals decision ordering a new trial for a defendant …
Massachusetts Supreme Court: Defense Counsel’s Overt Bias Against Own Client Constitutes Actual Conflict of Interest Requiring New Trial Without Need to Prove Prejudice by Anthony Accurso by Anthony W. Accurso The Supreme Judicial Court of Massachusetts ruled defendant’s (a Black man of the Muslim faith) showing that trial counsel harbored …
From the Sad but True Files: Police Oppose Laws Prohibiting Cops From Lying to Juveniles During Interrogations by Douglas Ankney by Douglas Ankney Vehement opposition by law ­enforcement stopped the passage of a 2022 Colorado bill that would have banned police from lying to juvenile suspects while attempting to extract …
Civilian Oversight Commision Special Counsel-Deputy Gangs and Deputy Cliques in the LA Sheriff's Dept-Feb. 2023 REPORT AND RECOMMENDATIONS OF THE SPECIAL COUNSEL TO SHERIFF CIVILIAN OVERSIGHT COMMISSION REGARDING DEPUTY GANGS AND DEPUTY CLIQUES IN THE LOS ANGELES COUNTY SHERIFF’S DEPARTMENT February 2023 Sheriff Civilian Oversight Commission COMMISSIONERS Sean Kennedy, Chair …
Article • May 15, 2023 • from CLN June, 2023
Filed under: Police Interrogations
Oregon Supreme Court: Right to Counsel Violated by Police Questioning Defendant About an Uncharged Crime in Connection With Charged Crime for Which Defendant Represented by Counsel by Mark Wilson by Mark Wilson The Supreme Court of Oregon vacated a murder conviction, holding that police questioning of a represented criminal defendant …
Article • April 15, 2021 • from CLN May, 2021
California Court of Appeal: Prisoners Are Not Required to Serve ‘Thompson Terms’ After Grant of Parole Under Elderly Parole Program by Douglas Ankney by Douglas Ankney The Court of Appeal, First Appellate District, held that prisoners sentenced for offenses committed while imprisoned [known as “Thompson terms” pursuant to In Re …
An Empirical Analysis of Racial Differences in Police Use of Force, National Bureau of Economic Research, 2018 NBER WORKING PAPER SERIES AN EMPIRICAL ANALYSIS OF RACIAL DIFFERENCES IN POLICE USE OF FORCE Roland G. Fryer, Jr Working Paper 22399 http://www.nber.org/papers/w22399 NATIONAL BUREAU OF ECONOMIC RESEARCH 1050 Massachusetts Avenue Cambridge, MA …