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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 • December 15, 2024 • from CLN January, 2025
Kansas Supreme Court Announces Defendant-Witness Retains Fifth Amendment Privilege Against Compelled Self-Incrimination After Guilty Plea and Sentencing as Long as Testimony Sought Presents Legitimate Risk of Incrimination by Sam Rutherford by Sam Rutherford The Supreme Court of Kansas held that a defendant’s privilege against compelled self-incrimination concerning his alleged criminal …
Seventh Circuit: Whether Right to Counsel ‘Attaches’ Is Not Dependent on Defendant’s Appearance at Probable Cause Hearing by Anthony Accurso by Anthony W Accurso The U.S. Court of Appeals for the Seventh Circuit ruled that Wisconsin courts denied a defendant his Sixth Amendment right to counsel by failing to appoint …
Fourth Circuit Denies Defendant Faced ‘Classic Penalty Situation’ During Polygraph Questioning While on Supervised Release by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Fourth Circuit upheld the denial of a defendant’s suppression motion where he failed to invoke his Fifth Amendment protections while on …
DOJ-Office of Inspector General -Notification of Concerns Identified in the DEA Use of Polygraph Exams, Aug. 2023 D E PA R T M E N T O F J U S T I C E | O F F I C E O F T H E I N S …
Article • May 14, 2023
The Persistence of Polygraph Tests: A Misguided Reliance on Junk Science by The use of polygraph tests, despite their well-documented flaws and dubious scientific validity, continues to persist in various sectors of society. These so-called lie detectors have long been criticized as unreliable and prone to producing false results, yet …
Article • February 15, 2023 • from CLN March, 2023
Florida Supreme Court Settles Circuit Split, Holding Dual DUI Convictions Regarding Single Victim in Single Incident Violates Double Jeopardy by David Reutter by David M. Reutter The Supreme Court of Florida held dual convictions for DUI causing damage to property or person – § 316.193(3)(c)(1), Florida Statutes – and DUI …
Article • December 15, 2022 • from CLN January, 2023
Second Circuit Announces District Courts Must Provide Habeas Petitioners with Notice and Opportunity To Be Heard Before Dismissing Petition Sua Sponte Based on Stone’s Limitation on Fourth Amendment Claims by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit held that district courts must provide …
SCOTUS: No Procedural-Default Exceptions to Excuse Federal Habeas Evidentiary Hearing Bar by Dale Chappell by Dale Chappell In yet another case further limiting the federal habeas corpus remedy, the Supreme Court of the United States (“SCOTUS”) held on May 23, 2022, that post-conviction counsel’s failure to develop a meritorious claim …
Article • May 15, 2022 • from CLN June, 2022
SCOTUS Announces § 1983 Malicious Prosecution Claim’s ‘Favorable Determination’ Requirement Satisfied by Showing Prosecution Ended Without a Conviction by Richard Resch by Richard Resch The Supreme Court of the United States held that the “favorable determination” requirement for a Fourth Amendment claim under 42 U.S.C. § 1983 for malicious prosecution …
Article • October 15, 2021 • from CLN November, 2021
Investigative Report Highlights Difficulties in Disciplining Cops by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Can you imagine a community where police abuse arbitration hearings and misconduct cases resulted in costs to taxpayers numbering in the millions of dollars, only to realize that these same unruly and abusive officers, though …
Article • August 16, 2021
Filed under: Liberty Interests
America Ranked 17th in Human Freedoms by Kevin Bliss by Kevin Bliss   Personal freedom on the planet has been on the decline since at least 2008. The Cato Institute in the U.S. and Canada’s Fraser Institute place New Zealand at the top, while the U.S. and the United Kingdom …
Article • September 15, 2020 • from CLN October, 2020
New Hampshire Supreme Court Announces Defendant Not Required to Identify Evidentiary Support for Noticed Defense by Douglas Ankney by Douglas Ankney The Supreme Court of New Hampshire held that N.H.R. Crim. P. 14(b)(2)(A) does not allow trial courts to require that defendants identify evidentiary support for a noticed defense. Michael …
Article • June 15, 2020 • from CLN July, 2020
NY Court of Appeals: Right to Review Suppression Decision When Decision Relates Solely to a Count Satisfied by Plea but Isn’t Count to Which Defendant Pled by Douglas Ankney by Douglas Ankney The Court of Appeals of New York held that N.Y. Crim. Proc. Law (“CPL”) 710.70(2) grants a defendant …
Article • January 21, 2020 • from CLN February, 2020
Filed under: Guilty Pleas
Eighth Circuit: Defendant Who Pleaded Guilty to State Felonies Didn’t Know He Couldn’t Possess Firearms Prior to Sentencing Because He Didn’t Know He Had Been Convicted by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Eighth Circuit held that a defendant didn’t “know” he had been …
Article • January 21, 2020 • from CLN February, 2020
Filed under: Self Incrimination
In Case of First Impression, Pennsylvania Supreme Court Holds Compelling Suspect to Disclose Computer Password Is Testimonial in Nature and Violates Fifth Amendment’s Privilege Against Self Incrimination by Douglas Ankney By Douglas Ankney In a case of first impression, the Supreme Court of Pennsylvania held that compelling a suspect to …
Article • December 1, 2019
Misadvice About Oregon Time-Served Credit is Ineffective Assistance of Counsel by Mark Wilson by Mark Wilson  The Oregon Court of Appeals held that misinformation during plea negotiations about time-served credit constitutes ineffective assistance of trial counsel. On September 9, 2011, the State of Oregon charged Omteme Moni Blayas Sanders with …
Article • December 1, 2019
Oregon Court of Appeals: Entering iPhone Passcode is Testimonial Act; Can Be Compelled if State Establishes Defendant’s Knowledge of Passcode is ‘Foregone Conclusion’ by Mark Wilson by Mark Wilson In a case of first impression, the Oregon Court of Appeals held that entering a passcode into a smartphone is testimonial …
Article • September 17, 2019 • from CLN October, 2019
Delaware Supreme Court: Where Defendant Competent to Plead ‘Guilty but Mentally Ill,’ He May Revoke Plea Before It Is Accepted by Anthony Accurso by Anthony Accurso The Supreme Court of the State of Delaware held that when a defendant has been declared competent to plead guilty he retains the right …
Article • September 16, 2019 • from CLN October, 2019
Filed under: Guilty Pleas
Whether State or Federal, Most Convictions Are Overwhelmingly Based on Guilty Pleas by Edward Lyon by Ed Lyon Readers of Criminal Legal News and Prison Legal News are familiar with the fact that criminal convictions occur mostly as a result of guilty or no-contest pleas. A recently released report by …
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