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Shelby County DA Oversees Retesting After Forensic Analyst’s Dismissal for ‘Unethical Conduct’ by Sam Rutherford Shelby County District Attorney Steve Mulroy is overseeing the retesting of forensic evidence in multiple sexual assault cases after the Tennessee Bureau of Investigation (“TBI”) terminated a forensic analyst at its Jackson laboratory for “unethical …
From Witness Descriptions to Digital Mugshots: AI’s Growing Role in Policing by James Mills Police departments across the United States are increasingly using artificial intelligence (“AI”) to generate composite sketches of suspects based on witness descriptions, accelerating an investigative process that once relied solely on human artists. The adoption of …
Sixth Circuit Announces Invoking Fifth Amendment While Testifying at Trial Does Not Contradict Prior Proffer Statement Nor Does Questioning the Sufficiency of the Prosecution’s Evidence by David Kim The United States Court of Appeals for the Sixth Circuit ruled that invoking the Fifth Amendment while testifying at trial does not …
Los Angeles Criminal Legal System Undermined by Months of Faulty DNA Testing by Jo Ellen Nott The integrity of Los Angeles County’s justice system is under fire following the news that potentially defective DNA test kits were used for months in thousands of criminal cases.  Despite being notified in August …
Article • September 1, 2024 • from CLN September, 2024
Texas Court of Criminal Appeals Holds Admission of Defendant’s Rap Videos at Trial Was Unfair Propensity Evidence and Orders New Trial by Sam Rutherford by Sam Rutherford The Court of Criminal Appeals of Texas, that state’s highest court of review in criminal cases, held that a trial court erred in …
Article • January 15, 2024 • from CLN January, 2024
Kansas Supreme Court Announces State Must Prove Defendant Specifically Intended to Enter Dwelling in Which There Was a Person to Sustain Conviction for Attempted Aggravated Burglary, Overruling State v. Watson by Douglas Ankney Douglas Ankney The Supreme Court of Kansas held that the State must prove a defendant specifically intended …
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 • January 15, 2023 • from CLN February, 2023
California Court of Appeal: At Felony-Murder Resentencing Hearing, Court May Not Deny Relief Based on Findings That Are Inconsistent With Previous Acquittal by Douglas Ankney by Douglas Ankney The Court of Appeal of California, First Appellate District, held that “a trial court cannot deny relief in a § 1170.95 proceeding …
Article • December 5, 2022 • from CLN November, 2022
Aversion to Error: Americans View Wrongful Acquittals and Wrongful Convictions to Be Errors of Equal Magnitude by Casey Bastian by Casey J. Bastian As we evolve our systems of criminaljustice, it becomes apparent that we must first agree what constitutes “justice.” And when we focus on what is justice within …
Louisiana Supreme Court Announces Conviction of Lesser Included Offense Subsequently Vacated as Unconstitutional Constitutes Implied Acquittal of Higher Charge; Double Jeopardy Bars Retrial on Higher Charge by Jacob Barrett by Jacob Barrett In a case of first impression, the Supreme Court of Louisiana held double jeopardy bars the reinstatement and …
Article • September 15, 2022 • from CLN October, 2022
New Jersey Supreme Court Orders New Trial Because Detective Failed to Clarify Suspect’s Ambiguous Request for Counsel During Interrogation by Douglas Ankney by Douglas Ankney  The Supreme Court of New Jersey reversed the convictions of Laura Gonzalez because a detective failed to clarify Gonzalez’s ambiguous request for counsel during her …
Article • May 15, 2022 • from CLN June, 2022
California Court of Appeal: Trial Court’s Dismissal of Charge Based on Express Statement of ‘Insufficient Evidence’ Is Equivalent to Acquittal for § 1170.95 Resentencing by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Third Appellate District, affirmed the finding of a superior court in a § 1170.95 …
Article • September 15, 2020 • from CLN October, 2020
Fourth Circuit Grants ‘SOS’ § 2254 Petition Attacking Three-Decade-Old Murder Conviction Based on New Evidence by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit granted permission for a state prisoner to file a second or successive (“SOS”) habeas corpus petition in the federal court …