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Article • June 1, 2025 • from CLN June, 2025
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, …
Article • November 15, 2022 • from CLN December, 2022
The Sixth Amendment Right to Assistance of Legal Counsel: An Examination of Federal Justice System Outcomes by Casey Bastian by Casey J. Bastian Among an individual’s rights enshrined in the U.S Constitution is their Sixth Amendment right to assistance of legal counsel. The principle ensures an accused person in America …
Article • June 15, 2022 • from CLN July, 2022
Idaho Supreme Court: Telephonic Testimony Violated Defendant’s Sixth Amendment Right to Confrontation by David M. Reutter by David M. Reutter The Supreme Court of Idaho held that an expert’s telephonic testimony violated a defendant’s Sixth Amendment right to confrontation. The Court found the error was not harmless and remanded for …
Publication • 2020
Pay to Play? Campaign Finance and the Incentive Gap in the Sixth Amendment's Right to Counsel, Duke Law Journal, 2020 70 DUKE L.J. __ (2020) (forthcoming) Pay to Play? Campaign Finance and the Incentive Gap in the Sixth Amendment’s Right to Counsel Neel U. Sukhatme* and Jay Jenkins** Abstract For …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Sixth Amendment
Nevada Supreme Court: 26-Month Delay Between Charges and Arrest Constitutes Speedy Trial Violation by Anthony Accurso by Anthony Accurso  The Supreme Court of Nevada held that a district court did not abuse its discretion after the State’s “gross negligence” caused a 26-month delay between charges filed and arrest. Rigoberto Inzunza …
Article • September 16, 2019 • from CLN October, 2019
SCOTUS Declares Portion of Federal Supervised Release Statute Unconstitutional by Dale Chappell by Dale Chappell A sharply divided Supreme Court of the United States narrowly held on June 26, 2019, that the revocation provision of the federal sex offender supervised release statute is unconstitutional because it violates the right to …
Article • May 15, 2019 • from CLN June, 2019
Appointed Defense Lawyers, Public Defenders: Overworked, Underpaid, Ineffective by Edward Lyon by Ed Lyon  The Sixth Amendment to the U.S. Constitution requires that all criminal defendants have a lawyer’s assistance to prepare and present a defense against whatever crime a prosecutor is accusing him or her of committing, as a …
Article • May 15, 2019 • from CLN June, 2019
Supreme Court of Delaware: Lawyer’s Mere Presence the Day of Trial Violates Sixth Amendment Under Cronic Standard by Chad Marks by Chad Marks The Supreme Court of Delaware held that a defendant’s Sixth Amendment right to assistance of counsel was violated by trial counsel’s near-total absence during the pretrial stage …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Trials, Sixth Amendment
Second Circuit Rules 68-Month Delay Violates Speedy Trial Clause by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit held that a delay of 68 months between arrest and trial violates the right to a speedy trial enshrined in the Sixth Amendment when most of …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Sixth Amendment
Delaware Supreme Court: ‘The Sixth Amendment Demands More Than the Presence the Morning of Trial of a Warm Body With a Law Degree’ by Douglas Ankney by Douglas Ankney The Supreme Court of Delaware ruled that an attorney’s limited pretrial contact deprived a defendant of effective assistance of counsel. Everett …
Article • February 15, 2019 • from CLN March, 2019
Fifth Circuit: Introduction of Deposition Video Without Making Good-Faith Effort to Secure Witnesses’ Presence at Trial Violates Confrontation Clause by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit ruled that the Sixth Amendment’s Confrontation Clause was violated when the Government introduced videotaped deposition testimony …
Publication • January 1, 2019
Privatizing Criminal Procedure, Washington and Lee Public Legal Studies, 2019 Washington & Lee Public Legal Studies Research Paper Series Accepted Paper No. 2018 - 07 April 2, 2018 107 Georgetown Law Journal ___ (forthcoming 2019) Privatizing Criminal Procedure John D. King Clinical Professor of Law, Director of Experiential Education, and …
Article • November 6, 2018 • from CLN November, 2018
Filed under: Sixth Amendment
First Circuit Holds Sixth Amendment Speedy Trial Clock Starts Upon Original, Not Superseding, Indictment When Based on Same Act or Scheme by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the First Circuit held that a superseding indictment based on the same conduct as the original indictment …
Article • November 1, 2018 • from CLN November, 2018
Report: Right to Trial Exists in Name. In Reality, Only 3% of Cases Go to Trial by Steve Horn by Steve Horn The Sixth Amendment to the U.S. Constitution guarantees a right to trial by jury, but a new report documents that in the U.S. criminal justice system, trials have …
Article • July 21, 2018 • from CLN August, 2018
Kansas Supreme Court: Judge’s ‘Thwarting’ of Defendant’s Right to Self-Representation was Structural Error Requiring Reversal of Convictions by Dale Chappell by Dale Chappell A defendant who “unequivocally” invoked his right to self-representation at trial and was denied that right when the judge ignored his requests got a new trial when …
Disabled Louisiana Police Department Employee Settles Discrimination Suit with City by Christopher Zoukis by Christopher Zoukis Walter Steele, a city employee who worked with the Oakland Police Department in Louisiana and had cerebral palsy with partial paralysis, agreed to a settlement with the Oakdale police chief and the city after …
Article • June 18, 2018
Filed under: Attorneys, Sixth Amendment
SCOTUS: Sixth Amendment Right to Autonomy — Attorney Cannot Overrule Client’s Decision to Assert Innocence at Trial by Richard Resch by Richard Resch On May 14, 2018, the Supreme Court of the United States (“SCOTUS”) issued a major decision affirming criminal defendants’ Sixth Amendment right to assert their innocence at …
Texas Policy Foundation Center for Effective Justice--Open Roads and Overflowing Jails--Addressing High Rates of Rural Pretrial Incarceration, May 2018 OPEN ROADS AND OVERFLOWING JAILS: Addressing High Rates of Rural Pretrial Incarceration by Marc Levin and Michael Haugen May 2018 May 2018 by Marc Levin Michael Haugen Center for Effective Justice …
Brief • April 16, 2018
Filed under: Trials, Sixth Amendment
Idaho v. Vasquez, ID, opinion, trial court structural defect error, 2018 IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 45346 STATE OF IDAHO, ) ) ) ) ) ) ) ) ) ) ) Plaintiff-Respondent, v. IDA PEREZ VASQUEZ, Defendant-Appellant. Boise, January 2018 Term 2018 Opinion No. …
Brief • April 4, 2018
State of Hawaii v. Williander, opinion, denial of compulsory process at trial, 2018 *** FOR PUBLICATION IN WEST’S HAWAI#I REPORTS AND PACIFIC REPORTER *** Electronically Filed Supreme Court SCWC-15-0000759 04-APR-2018 08:34 AM IN THE SUPREME COURT OF THE STATE OF HAWAI#I ---o0o--STATE OF HAWAI#I, Respondent/Plaintiff-Appellee, vs. GJ WILLIANDER, Petitioner/Defendant-Appellant. SCWC-15-0000759 …
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