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Illinois Supreme Court Announces Conviction 
for Attempted First Degree Murder Requires 
‘Intent to Kill Without Lawful Justification
Article • August 1, 2025 • from CLN August, 2025
Filed under: Jury Instructions, Ineffective Assistance of Counsel, Inconsistent
Illinois Supreme Court Announces Conviction for Attempted First Degree Murder Requires ‘Intent to Kill Without Lawful Justification by Jeffrey Cohen The Supreme Court of Illinois held that a conviction for attempted first degree murder requires proof that the defendant acted with the intent to kill without lawful justification, rejecting the …
Arguing Successful Federal Habeas Corpus Claims
Article • June 1, 2025 • from CLN June, 2025
Filed under: Habeas Corpus, Sixth Amendment, Ineffective Assistance of Counsel
Arguing Successful Federal Habeas Corpus Claims by Dale Chappell This column is a follow-up to my original column published in the March 2021 issue of Criminal Legal News titled “Raising Successful Federal Habeas Corpus Claims.” In that first piece, I explained how to identify valid claims for federal habeas relief, …
Texas Court of Criminal Appeals Announces Order of Deferred Disposition Not a ‘Sentence’ Under Article 44.01(b)—Which Authorizes State to Appeal Illegal Sentence—Resolving Split Among State Courts of ...
Article • April 15, 2025 • from CLN May, 2025
Filed under: Summary Disposition, Speedy Disposition
Texas Court of Criminal Appeals Announces Order of Deferred Disposition Not a ‘Sentence’ Under Article 44.01(b)—Which Authorizes State to Appeal Illegal Sentence—Resolving Split Among State Courts of Appeals by David Reutter by David M. Reutter The Court of Criminal Appeals of Texas held that a deferred disposition or adjudication is …
Massachusetts Supreme Judicial Court: Defense Counsel Had Actual Conflict of Interest Where Own Performance During Police Interview of Defendant Could Serve as Basis of Motion to Suppress Based on Ine...
Article • March 15, 2025 • from CLN April, 2025
Filed under: Ineffective Assistance of Counsel, Motions To Suppress, Conflict of Interest
Massachusetts Supreme Judicial Court: Defense Counsel Had Actual Conflict of Interest Where Own Performance During Police Interview of Defendant Could Serve as Basis of Motion to Suppress Based on Ineffective Assistance of Counsel, New Trial Required W by Anthony Accurso by Anthony W. Accurso The Supreme Judicial Court of Massachusetts …
Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who ...
Article • February 15, 2025 • from CLN March, 2025
Filed under: Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas
Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Third Circuit affirmed the U.S. District Court …
Ninth Circuit: Defense Counsel Ineffective for Failing to Move to Suppress Evidence Obtained as a Result of Police Officer Trespassing on Curtilage of Defendant’s Home
Article • February 1, 2025 • from CLN February, 2025
Filed under: Ineffective Assistance of Counsel, Motions To Suppress, Searches - Home/Curtilage, Suppression
Ninth Circuit: Defense Counsel Ineffective for Failing to Move to Suppress Evidence Obtained as a Result of Police Officer Trespassing on Curtilage of Defendant’s Home by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit granted a federal prisoner’s 28 U.S.C. § 2255 motion for habeas …
Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defe...
Article • January 15, 2025 • from CLN January, 2025
Filed under: Habeas Corpus, Ineffective Assistance of Counsel, Constitutional Challenges/Law
Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’ by Anthony Accurso by Anthony W. Accurso The Supreme Court of Georgia unanimously granted a defendant’s habeas petition …
Third Circuit Announces Claim of Innocence Does Not Resolve Whether Defendant Would Have Accepted Plea Offer Absent Counsel’s Error and Holds Counsel Ineffective for Failing to Properly Advise Defend...
Article • December 15, 2024 • from CLN January, 2025
Filed under: Actual Innocence/Claim of Innocence, Ineffective Assistance of Counsel, Mandatory Minimum Sentence, Plea Agreements/Guilty Pleas, Rejection
Third Circuit Announces Claim of Innocence Does Not Resolve Whether Defendant Would Have Accepted Plea Offer Absent Counsel’s Error and Holds Counsel Ineffective for Failing to Properly Advise Defendant About Mandatory Sentences If Plea Offer Rejected by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Third …
Delaware Supreme Court: Counsel Ineffective for Failing to Challenge Search of Cellphone Where Consent Was Ambiguous and Warrant Constituted a General Warrant
Article • November 1, 2024 • from CLN November, 2024
Filed under: Ineffective Assistance of Counsel, Searches - Cellphones/Computers/Internet, Warrants - Requirements/Scope/Exceptions
Delaware Supreme Court: Counsel Ineffective for Failing to Challenge Search of Cellphone Where Consent Was Ambiguous and Warrant Constituted a General Warrant by Sam Rutherford by Sam Rutherford The Supreme Court of Delaware granted postconviction relief to a prisoner because his defense attorney provided ineffective assistance of counsel by failing …
Arizona Supreme Court Allows Third PCR Motion Based on IAC for Erroneous Advice About Parole Eligibility Due to ‘Pervasive Confusion’ Regarding Parole Within Legal Community
Article • November 1, 2024 • from CLN November, 2024
Filed under: Parole, Ineffective Assistance of Counsel, Remands/Rehearings/Resentencings
Arizona Supreme Court Allows Third PCR Motion Based on IAC for Erroneous Advice About Parole Eligibility Due to ‘Pervasive Confusion’ Regarding Parole Within Legal Community by Anthony Accurso by Anthony W. Accurso The Supreme Court of Arizona held that a defendant’s third postconviction relief (“PCR”) motion was not untimely, nor …
Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge
Article • October 1, 2024 • from CLN October, 2024
Filed under: Habeas Corpus, Felon in Possession Statute, Ineffective Assistance of Counsel, Murder/Felony Murder
Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge by Anthony Accurso by Anthony W. Accurso The Supreme Court of Georgia ruled that defense counsel was ineffective for failing to argue that self-defense is a …
Fourth Circuit Vacates Order Denying § 2254 Motion, Remands for Evidentiary Hearing on Whether Counsel’s Failure to Object to Duplicative Drug Conspiracy Counts in Violation of Double Jeopardy Clause ...
Article • October 1, 2024 • from CLN October, 2024
Filed under: Ineffective Assistance of Counsel, Evidentiary Claims, Drug Trafficking Crimes
Fourth Circuit Vacates Order Denying § 2254 Motion, Remands for Evidentiary Hearing on Whether Counsel’s Failure to Object to Duplicative Drug Conspiracy Counts in Violation of Double Jeopardy Clause Was Strategic by Matthew Clarke by Matthew Thomas Clarke The U.S. Court of Appeals for the Fourth Circuit vacated the U.S. …
Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Pr...
Article • August 1, 2024 • from CLN August, 2024
Filed under: Evidentiary Ruling, Habeas Corpus, Ineffective Assistance of Counsel, Counsel - Effective Assistance of
Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit …
Federal Habeas Corpus: Getting Around Procedural Default
Article • July 15, 2024 • from CLN July, 2024
Filed under: Habeas Corpus, Actual Innocence/Claim of Innocence, Ineffective Assistance of Counsel, Summary Disposition, Cause and Prejudice, Proving Cause
Federal Habeas Corpus: Getting Around Procedural Default by Dale Chappell by Dale Chappell The term “procedural default” is a significant barrier in federal habeas corpus petitions. It means that if a claim could have been raised on direct appeal or at any earlier stage but was not, a federal court …
Ninth Circuit Explains Martinez ‘Cause’ and ‘Prejudice’ to Excuse Procedural Default in Federal Habeas Proceeding Where Claim of IAC in State Proceedings Was Procedurally Defaulted Due to Postconvicti...
Article • November 1, 2023 • from CLN November, 2023
Filed under: Ineffective Assistance of Counsel, Probable/Proximate Cause, Prejudice - Potential for Undue, Timeliness
Ninth Circuit Explains Martinez ‘Cause’ and ‘Prejudice’ to Excuse Procedural Default in Federal Habeas Proceeding Where Claim of IAC in State Proceedings Was Procedurally Defaulted Due to Postconviction Counsel’s Failure to Timely Raise Claim by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit explained …
California Court of Appeal: Counsel and Sentencing Court’s Misadvisement of Plea’s Immigration Consequences Require Relief From Conviction
Article • August 1, 2023 • from CLN August, 2023
Filed under: Ineffective Assistance of Counsel, Enforcement of Immigration Laws, Grounds for Relief
California Court of Appeal: Counsel and Sentencing Court’s Misadvisement of Plea’s Immigration Consequences Require Relief From Conviction by David Reutter by David M. Reutter The Court of Appeal of California, Second Appellate District, vacated a defendant’s conviction after finding the immigration consequences were not understood when he entered a plea …
Indiana Supreme Court: Petitioner Entitled to File Belated Appeal More Than 21 Years After Conviction, Holding He Acted ‘Promptly’
Article • June 15, 2023 • from CLN July, 2023
Filed under: Appeals/Appellate Jurisdiction, Ineffective Assistance of Counsel, Notice of Appeal/Appeal Rights, Tolling of Statutes of Limitations and Laches
Indiana Supreme Court: Petitioner Entitled to File Belated Appeal More Than 21 Years After Conviction, Holding He Acted ‘Promptly’ by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana held that Charlie D. Leshore, Jr., was entitled to file a belated appeal more than 21 years after his conviction …
Ohio Supreme Court: IAC for Counsel to Mention ‘Neonaticide’ at Sentencing but Fail to Explain and Use It as Mitigating Evidence
Article • May 15, 2023 • from CLN June, 2023
Filed under: Ineffective Assistance of Counsel, Pending Appeal/Sentencing, Sentencing Disparity
Ohio Supreme Court: IAC for Counsel to Mention ‘Neonaticide’ at Sentencing but Fail to Explain and Use It as Mitigating Evidence by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio ruled that Emile Weaver’s trial counsel was ineffective at her sentencing when he made mention of the term …
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 P...
Article • May 15, 2023 • from CLN June, 2023
Filed under: Ineffective Assistance of Counsel, New Trial/Judgment of Acquittal, Exculpatory Evidence - Disclosure Obligations
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 …
Nevada Supreme Court: Trial Court Erred in Denying Motion to Substitute Counsel Where Ample Evidence Showed Counsel Was Unprepared and Motion Timely
Article • February 15, 2023 • from CLN March, 2023
Filed under: Ineffective Assistance of Counsel, Recusal Motions
Nevada Supreme Court: Trial Court Erred in Denying Motion to Substitute Counsel Where Ample Evidence Showed Counsel Was Unprepared and Motion Timely by Harold Hempstead by Harold Hempstead The Supreme Court of Nevada ruled that a trial court erred in denying defendant’s motion to substitute counsel where the record demonstrated …
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