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Ninth Circuit Announces Attorney Cannot Be Compelled to Provide ‘Privilege Log’ Protected Under Fisher if Doing So Would Undermine Client’s Fifth Amendment ‘Act-of-Production Privilege’ and Attorney-Client Privilege by Sagi Schwartzberg by Sagi Schwartzberg The U.S. Court of Appeals for the Ninth Circuit held that an attorney cannot be compelled to …
Article • December 15, 2024 • from CLN January, 2025
Maryland Supreme Court Announces New Constitutional Rule Requiring Voir Dire Questions Related to Child-Witness Credibility and Abrogates Prior Inconsistent Case Law by Sam Rutherford by Sam Rutherford The Supreme Court of Maryland announced a new rule of constitutional law permitting defendants to ask potential jurors during jury selection whether they …
New York Court of Appeals Announces ‘Due Diligence’ Is Applicable Standard for Certificate of Compliance Regarding Discovery Obligations and Trial Readiness, Improper Certificate Is ‘Illusory” and Fails to Toll Speedy Trial Clock by Matthew Clarke by Matt Clarke The New York Court of Appeals held that the prosecution’s failure to …
Massachusetts Supreme Judicial Court Affirms Granting of New Trial in Murder Case Based on IAC Where Counsel Failed to Investigate Exculpatory Evidence Contained in a Proffer and Provided to Counsel Prior to Trial by Matthew Clarke by Matt Clarke The Supreme Judicial Court of Massachusetts affirmed the granting of a …
Article • April 15, 2023 • from CLN May, 2023
California Supreme Court Announces Government’s Continuing Brady Obligations and Ethical Duty of Disclosure During Habeas Proceedings Regarding Alleged Exculpatory Evidence Available at Time of Trial but Suppressed by Richard Resch by Richard Resch In a case of first impression, the Supreme Court of California announced the constitutional, ethical, and habeas …
Article • September 15, 2022 • from CLN October, 2022
Texas Court of Criminal Appeals: Warrant to Search Cellphone Must Establish Nexus Between Device and Offense Beyond ‘Boilerplate’ Language About Cellphones Being Ubiquitous and Used in Crimes by Anthony Accurso by Anthony W. Accurso The Court of Criminal Appeals of Texas held that a warrant affidavit failed to link a …
Article • March 15, 2022 • from CLN April, 2022
Fear and Freedom Twenty Years Later: How Post 9/11 Security Measures Overstepped Privacy by Ashleigh Dye by Ashleigh N. Dye The threat of terrorism in America has gripped the hearts of Americans for the past two decades since the 9/11 attacks. This fear has, however, been monopolized by the U.S. …
Iowa Supreme Court Announces Brady Standard Applies to Motion for New Trial Based on Withheld Exculpatory Medical Records by Douglas Ankney by Douglas Ankney The Supreme Court of Iowa announced that when deciding a motion for new trial that alleges exculpatory material from medical records was improperly withheld pursuant to …
Third Circuit: Brady Claims in Habeas Petitions Timely When Filed Within One Year of Date Reason to Believe Prosecutor Violated Duty To Disclose by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit determined that Dennis v. Sec’y, 834 F.3d 263 (3d Cir. 2016), altered …
Article • February 15, 2021 • from CLN March, 2021
Michigan Supreme Court: Police Must Limit Search of Cellphone Data to Uncovering Evidence of the Criminal Activity Alleged in Warrant by Douglas Ankney by Douglas Ankney The Supreme Court of Michigan held that police must limit a search of digital data from a cellphone in a manner reasonably directed to …
Seventh Circuit: Admissions to Pretrial Services Cannot Be Used to Prove Guilt by Dale Chappell by Dale Chappell In a case of first impression, the U.S. Court of Appeals for the Seventh Circuit held that an accused’s admissions during a pretrial services (“PTS”) interview for bail are confidential and cannot …
Publication • 2012
Objecting to Protective Orders and Motions to File Documents Under Seal in Pre-Trial Discovery 2012 Objecting to Protective Orders and Motions to File Documents Under Seal in Pretrial Discovery1 by R. Samuel Paz presented at the National Lawyers Guild 2012 Conference INTRODUCTION This memorandum is a brief introduction into opposing …