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Fourth Circuit: Evidentiary Hearing Required Where Prisoner’s Allegation of Mental Illness, if True, Is Sufficient to Demonstrate ‘Extraordinary Circumstances’ Warranting Both Rule 60(b)(6) Relief and Tolling of Habeas SOL by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that an evidentiary hearing was …
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 …
Article • October 1, 2023 • from CLN October, 2023
Filed under: New Trial Motions, AEDPA
U.S. Supreme Court Announces § 2255(e)’s ‘Saving Clause’ Does Not Enable Prisoners to File § 2241 Petition Based on AEDPA’s Rule Against Second or Successive § 2255 Motions by Douglas Ankney by Douglas Ankney Resolving a split among the U.S. Courts of Appeals, the Supreme Court of the United States …
New Jersey Supreme Court: Allowing Jury to Hear Defendant’s Invocation of Right to Counsel in Recorded Statement Together With Prosecutor Inferring Guilt Based on Request for Counsel Entitles Defendant to New Trial by Jacob Barrett by Jacob Barrett The Supreme Court of New Jersey reversed the convictions and sentence of …
Article • January 12, 2023
Hundreds Convicted by Split Juries Will Have New Trials After Oregon Supreme Court Decision by Jo Ellen Nott by Jo Ellen Nott On December 30, 2022, the Oregon Supreme Court ruled that hundreds of prisoners who were convicted by non-unanimous juries have a right to a new trial. The rulings …
Article • June 15, 2022 • from CLN July, 2022
Texas Court of Criminal Appeals Announces Overruled Motion for New Trial May Be Amended With Court’s Leave Within 30-Day Period After Sentenced Imposed by Matthew Clarke by Matt Clarke The Court of Appeals of Texas held that a motion for a new trial that has been overruled by the trial …
Article • March 15, 2021 • from CLN May, 2021
New Jersey Supreme Court Announces Adoption of Framework for Evaluating Discovery Motions Challenging Warrant Affidavits Based on Unidentified Confidential Informants by Douglas Ankney by Douglas Ankney The Supreme Court of New Jersey announced its adoption of the framework articulated by the California Supreme Court in People v. Luttenberger, 784 P.2d …
Article • January 21, 2020 • from CLN February, 2020
South Carolina Supreme Court Grants New Trial Due to Prosecutor’s Prejudicial Closing Remarks by Douglas Ankney by Douglas Ankney The Supreme Court of South Carolina granted a new trial to Oscar Fortune after the Court determined Fortune’s due process rights were violated by prejudicial remarks from the prosecutor during closing …
Article • November 16, 2019 • from CLN December, 2019
Massachusetts Supreme Court Suppresses Evidence Obtained Following Illegally Prolonged Traffic Stop, Orders New Trial by Douglas Ankney by Douglas Ankney The Supreme Judicial Court vacated the convictions of Paulos Tavares, ruling that the trial court failed to suppress evidence that was obtained as the result of an officer extending a …
Article • April 12, 2019 • from CLN May, 2019
Second Circuit: Government’s Misleading Disclosure Warrants New Trial by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit ruled that the Government violated Rule 16 of the Federal Rules of Criminal Procedure when its misleading disclosure caused the defense to forego filing a motion to …