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Article • August 1, 2025 • from CLN August, 2025
California Court of Appeal: Trial Court Misconstrued Elements of Implied Malice Theory of Provocative Act Murder Under Current Law and Reverses Denial of Petition for Resentencing by Sagi Schwartzberg The Court of Appeal for California, Fifth Appellate District, held that petitioner Tramell Vernon Taylor was entitled to resentencing on his …
California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions by Sam Rutherford by Sam Rutherford The California Court of Appeal, Sixth District, held that defendants are …
California Court of Appeal Announces Equal Protection Entitles Youth Offenders Convicted of Special Circumstances Murder Predicated on Robbery or Burglary to Franklin and Parole Hearings Under Cal. Penal Code § 3051 by Sam Rutherford by Sam Rutherford The Court of Appeal of California, District 1, held that Cal. Penal Code …
Article • February 1, 2025 • from CLN February, 2025
Vermont Supreme Court Eliminates Year-and-a-Day Rule in Murder Prosecutions by Sam Rutherford by Sam Rutherford The Supreme Court of Vermont abrogated the common-law year-and-a-day rule, under which the victim must die within one year and a day of the defendant’s criminal conduct to support a murder charge, thus reinstating a …
Article • December 15, 2024 • from CLN January, 2025
California Court of Appeal Announces Postconviction Discovery Permitted in Resentencing Under Penal Code § 1172.6 for Felony Murder and Natural and Probable Consequences Murder Convictions by Sam Rutherford by Sam Rutherford The Court of Appeal of California, Second Appellate District, held that defendants are entitled to conduct discovery in preparation …
Article • December 15, 2024 • from CLN January, 2025
Scent of Death Evidence Admitted at Indiana Murder Trial by Sam Rutherford by Sam Rutherford In May 2024, John Hallett, 54, of Michigan City was found guilty of murdering his roommate and then dismembering the body. Prosecutors obtained the conviction by relying on novel “scent of death” evidence to prove …
Article • December 15, 2024 • from CLN January, 2025
Sixth Circuit Announces Ohio’s Standard for Judicial Bias Contrary to Clearly Established Federal Law, Holds Trial Judge Unconstitutionally Biased in Capital Case and Defendant Denied Right to Present Mitigating Evidence, Grants Habeas Relief by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Sixth Circuit granted an …
Article • November 1, 2024 • from CLN November, 2024
Filed under: Murder/Felony Murder
Georgia Supreme Court: Discovery of Common Law Wife’s Infidelity Entitled Defendant to Voluntary Manslaughter Instruction in Malice Murder Prosecution by Sam Rutherford by Sam Rutherford The Supreme Court of Georgia held that the trial court erred in refusing to give the jury a lesser included offense instruction of voluntary manslaughter …
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 …
Article • February 15, 2024 • from CLN February, 2024
New Mexico Supreme Court Announces Marquez’s Holding That ‘Crime of Shooting at or From Motor Vehicle Cannot Be Predicate Felony Supporting Charge of Felony Murder’ Is New Substantive Rule and Applies Retroactively by Douglas Ankney by Douglas Ankney The Supreme Court of New Mexico held that the holding of State …
Tenth Circuit Announces District Court Erred in Applying Attempted Murder Cross-Reference Under U.S.S.G. § 2A2.1 Based on Malice Aforethought, Without Finding Intent to Kill by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the Western District of …
Article • October 1, 2023 • from CLN October, 2023
California Supreme Court Vacates Second Degree Murder Conviction Where Jury Instructed on Now Invalid Felony-­Murder Theory by Douglas Ankney by Douglas Ankney The Supreme Court of California vacated Tyree Ferrell’s second degree murder conviction because his jury was instructed on a now invalid theory of felony-­murder and the jury’s finding …
Interrogating a Suspect With an Intellectual Disability Using the Reid Technique: Recipe for a False Confession by Jo Ellen Nott by Jo Ellen Nott On April 25, 2023, the Virginia ­Supreme Court issued an order refusing to hear the case of Michael L. Ledford, a man who was convicted of …
Article • September 1, 2023 • from CLN September, 2023
California Court of Appeal Reverses Felony Murder Conviction Because Evidence Insufficient to Support Underlying Predicate Felony of Attempted Robbery by Douglas Ankney by Douglas Ankney The California Court of Appeal, Third Appellate District, reversed Dwayne Lamont Burgess’ felony murder conviction because the evidence was insufficient to support the underlying predicate …
Article • August 1, 2023 • from CLN August, 2023
Filed under: Murder/Felony Murder
California Supreme Court Announces Proof of First Degree Poison Murder Requires Showing Defendant Deliberately Gave Victim Poison with Intent to Kill or Inflict Injury Likely to Cause Death by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of California clarified that proof of first-degree …
Article • August 1, 2023 • from CLN August, 2023
SCOTUS Announces § 924(c)(1)(D)(ii)’s Consecutive Sentence Mandate Not Applicable to § 924(j) Sentences by Richard Resch by Richard Resch In a unanimous decision, the Supreme Court of the United States held that § 924(c)(1)(D)(ii)’s prohibition on concurrent sentences does not extend to sentences imposed under a different subsection of the …
Article • February 15, 2023 • from CLN March, 2023
California Court of Appeal: ‘Actual Killer’ Under Felony-Murder Rule Means Person ‘Who Personally Killed the Victim” by Harold Hempstead by Harold Hempstead The Court of Appeal of California, Third Appellate District, held that the term “actual killer” under the current felony-murder rule, as amended by Senate Bill No. 1437 (2017-2018 …
Article • September 15, 2022 • from CLN October, 2022
California Court of Appeal Announces Term ‘Actual Killer’ in Revised Felony-Murder Statute Refers to Person Who ‘Personally Killed’ Victim, Not Necessarily Same as Person Who ‘Caused’ Death, for Resentencing Purposes Under § 1170.95 by Matthew Clarke by Matt Clarke The Court of Appeal of California, Fourth Appellate District, held that …
Article • May 15, 2022 • from CLN June, 2022
Minnesota Supreme Court: Depraved-Mind Murder Requires Mental State of Generalized Indifference to Human Life, Which Cannot Exist Where Defendant Kills With Particularity by Douglas Ankney by Douglas Ankney The Supreme Court of Minnesota held that the mental state necessary for a depraved-minded murder, Minn.Stat. 609.195(a) (2020), is a generalized indifference …
Article • September 15, 2021 • from CLN October, 2021
California Court of Appeal: § 1170.95(e) Permits Trial Courts to Redesignate More Than One Underlying Felony in Resentencing Vacated Felony-Murder Conviction by Douglas Ankney by Doug Ankney The Court of Appeal, First Appellate District, Division Three ruled that § 1170.95(e) permits a vacated felony-murder conviction to be redesignated as more …
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