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SCOTUS Clarifies It Had Already Been ‘Clearly Established Federal Law’ in 2004 for Purposes of AEDPA That Evidence at Trial Can Be So Prejudicial as to Violate Due Process
Article • March 15, 2025 • from CLN April, 2025
Filed under: AEDPA, Denial of Due Process
SCOTUS Clarifies It Had Already Been ‘Clearly Established Federal Law’ in 2004 for Purposes of AEDPA That Evidence at Trial Can Be So Prejudicial as to Violate Due Process by Sam Rutherford by Sam Rutherford The Supreme Court of the United States clarified that it had already been clearly established …
Hawaii Supreme Court: Defendant’s Due Process Rights Violated by Prosecutor
Article • August 1, 2023 • from CLN August, 2023
Filed under: Self-Incrimination Clause, Denial of Due Process
Hawaii Supreme Court: Defendant’s Due Process Rights Violated by Prosecutor by Asking Witness to Tell Grand Jury Defendant Exercised Right to Remain Silent The Supreme Court of Hawaii held that a prosecutor flagrantly violated a defendant’s Hawaii due process right to a fair and impartial grand jury hearing by adducing …
Supervised Release and the Erosion of Due Process Protection
Article • April 15, 2023 • from CLN May, 2023
Filed under: Electronic Monitoring, Probation, Parole & Supervised Release, Denial of Due Process
Supervised Release and the Erosion of Due Process Protection by Benjamin Tschirhart by Benjamin Tschirhart There is an abundance of ways to become involved in the U.S. carceral state. Going in is very easy, but getting out, now, that’s a different story. In fact, for many people convicted of a …
California Court of Appeal: Exclusion of Expert Witness at SVP Trial as Remedy for Discovery Violation Constitutes Denial of Constitutional Due Process
Article • August 15, 2022 • from CLN September, 2022
Filed under: Sexually Dangerous Persons/Sexual Violent Predators, Expert Witnesses/Testimony, Denial of Due Process
California Court of Appeal: Exclusion of Expert Witness at SVP Trial as Remedy for Discovery Violation Constitutes Denial of Constitutional Due Process by David Reutter by David M. Reutter The Court of Appeal of California, Fourth Appellate District, concluded that a trial court erred by excluding the defense’s only expert …
Washington Supreme Court Announces State’s Strict-Liability Drug Possession Law Is Unconstitutional
Article • May 15, 2021 • from CLN June, 2021
Filed under: Simple Possession/Personal Use versus Distribution, Denial of Due Process
Washington Supreme Court Announces State’s Strict-Liability Drug Possession Law Is Unconstitutional by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Washington held that the state’s strict-liability drug possession law, codified at RCW 69.50.4013(1), is unconstitutional. Shannon Blake was arrested in connection with an …
California Court of Appeal: Lack of Notice of Filing Deadline Due Process Violation, Allowing Late Challenge to Erroneous Parole Designation
Article • March 15, 2021 • from CLN April, 2021
Filed under: Constitutional Challenges/Law, Denial of Due Process
California Court of Appeal: Lack of Notice of Filing Deadline Due Process Violation, Allowing Late Challenge to Erroneous Parole Designation by Dale Chappell by Dale Chappell The Court of Appeal of California, Fourth Appellate District, held that the lack of adequate notice of a time limit to challenge an erroneous …
Ninth Circuit: Use of Unconvicted Conduct Too Dissimilar to Charged Offense Violates Due Process
Article • October 15, 2020 • from CLN November, 2020
Filed under: Prior Conviction/Sentence/Incarceration, Denial of Due Process
Ninth Circuit: Use of Unconvicted Conduct Too Dissimilar to Charged Offense Violates Due Process by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Ninth Circuit held that the use of unconvicted criminal conduct that was too dissimilar to the charged offense to obtain a conviction violates …
Justice Sotomayor Raises Due Process Concerns Over Eleventh Circuit’s Use of Published Successive Habeas Denial Orders
Article • September 15, 2020 • from CLN October, 2020
Filed under: Habeas Corpus, Denial of Due Process
Justice Sotomayor Raises Due Process Concerns Over Eleventh Circuit’s Use of Published Successive Habeas Denial Orders by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eleventh Circuit publishes more orders denying “second or successive” habeas corpus petitions (“SOS applications”) than any other Circuit, and it then …
Police Violence and the 14th Amendment
Article • September 15, 2020 • from CLN October, 2020
Filed under: Excessive Force (Police), Racial Profiling, Denial of Due Process
Police Violence and the 14th Amendment by Jayson Hawkins by Jayson Hawkins The due process clause of the 14th Amendment to the U.S. Constitution provides that “no person shall be deprived of life, liberty, or property without due process of law.” The intent of the amendment was to restrain government …
Colorado Supreme Court: Requiring Defense to Disclose Exhibits to Prosecution Before Trial Violates Due Process Rights
Article • June 15, 2020 • from CLN July, 2020
Filed under: Evidentiary Ruling, Denial of Due Process
Colorado Supreme Court: Requiring Defense to Disclose Exhibits to Prosecution Before Trial Violates Due Process Rights by Dale Chappell by Dale Chappell Ending what had been a “standard case-management practice,” the Supreme Court of Colorado held that a trial court may not order a defendant to turn over his defense …
‘Constitutional Crisis’ Still Exists Despite California Supreme Court Ruling on Opening Access to Law Enforcement Brady Lists
Article • April 15, 2020 • from CLN May, 2020
Filed under: Brady Rule violations, Denial of Due Process
‘Constitutional Crisis’ Still Exists Despite California Supreme Court Ruling on Opening Access to Law Enforcement Brady Lists by Dale Chappell by Dale Chappell The latest attempt by the California courts to “harmonize” the state’s brutally secretive police protection statutes with the U.S. Supreme Court’s ruling in Brady v. Maryland, the …