Washington Supreme Court Announces Prohibition Against Use of ‘In-Court Holding Cell’ for Court Proceedings Without Individualized Determination of Need by Sam Rutherford by Sam Rutherford The Supreme Court of Washington prohibited trial courts from placing defendants in what it described as an “in-court holding cell” without first conducting an individualized, …

Kentucky Supreme Court Clarifies When Lesser-Included Offense Instruction Must Be Provided, Reverses Convictions Based on Trial Court’s Failure to Properly Instruct Jury by Matthew Clarke by Matt Clarke The Supreme Court of Kentucky reversed convictions for first-degree wanton endangerment (“FDWE”) and first-degree persistent felony offender, holding that the trial court …

Washington Supreme Court: Prosecutor’s War on Drugs Comments Denies Fair Trial by David Reutter by David M. Reutter The Supreme Court of Washington held a prosecutor committed flagrant and ill-intentioned misconduct by framing a defendant’s prosecution as representative of the war on drugs. The Court’s opinion was issued in an …

Kansas Supreme Court Reverses Conviction Where Trial Court Refused to Give Self-Defense Instruction by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas reversed Michael Alan Keyes’ murder conviction because the district court refused to give his requested self-defense instruction. Keyes was tried for the murder of Jimmy Martin. …

Dismissal Not Authorized for Oregon Victim’s Refusal to Comply With Subpoena by Mark Wilson by Mark Wilson The Oregon Court of Appeals reversed a lower court’s dismissal of a criminal proceeding when the victim refused to comply with a subpoena to appear for trial. Alex David Murray Lorenzo was charged …

Arizona Supreme Court Announces Cumulative Error Framework for Reviewing Multiple Instances of Prosecutorial Misconduct by Douglas Ankney by Douglas Ankney The Supreme Court of Arizona announced a cumulative error framework for when an appellant claims he was denied a fair trial due to the cumulative effect of multiple instances of …