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Article • December 1, 2024 • from CLN December, 2024
Indiana Supreme Court: Defendant Entitled to Discharge by Showing No Court ‘Congestion’ After Trial Court’s Unexplained Denial of Speedy Trial Motion by Sam Rutherford by Sam Rutherford The Supreme Court of Indiana held that a trial court’s failure to explain the basis for its denial of a defendant’s motion for …
New York Court of Appeals Announces ‘Due Diligence’ Is Applicable Standard for Certificate of Compliance Regarding Discovery Obligations and Trial Readiness, Improper Certificate Is ‘Illusory” and Fails to Toll Speedy Trial Clock by Matthew Clarke by Matt Clarke The New York Court of Appeals held that the prosecution’s failure to …
New York Court of Appeals: Dismissal Required Where Prosecution Failed to Explain Repeated Requests for Post-Readiness Adjournment by Sam Rutherford by Sam Rutherford   The Court of Appeals of New York, the state’s highest court, held that the People violated a defendant’s statutory right to a speedy trial by filing …
Article • February 15, 2024 • from CLN February, 2024
Missouri Supreme Court Orders Dismissal of Pending Charges Where Trial Court Failed to Bring Prisoner to Trial Within 180-Day Limitations Period Provided for in ‘Interstate Agreement on Detainers’ by Douglas Ankney by Douglas Ankney The Supreme Court of Missouri made permanent its grant of a temporary writ of prohibition and …
Article • December 15, 2023 • from CLN December, 2023
Maine Supreme Judicial Court Announces Clarification of Test for Violation of Right to Speedy Trial Under Maine Constitu-tion by David Reutter by David M. Reutter The Supreme Judicial Court of Maine concluded a post-conviction review (“PCR”) court misconstrued aspects of relevant law concerning a claim that counsel’s failure to assert …
Massachusetts Supreme Court Announces When Clock Begins to Run on Statutory Pretrial Detention by Harold Hempstead by Harold Hempstead The Supreme Judicial Court of Massachusetts held that the pretrial detention period in General Laws c. 276, § 58B begins to run when a defendant is detained, not when an order …
Colorado Supreme Court Announces Courts Not Required to Address All 11 Brown Factors in Ruling on Defendant’s Motion for Continuance to Change Counsel by Harold Hempstead by Harold Hempstead In addressing an issue of first impression, the Supreme Court of Colorado en banc clarified its decision in People v. Brown, …
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, 2022 • from CLN April, 2022
California Court of Appeal Announces Suffering From a Nonqualifying Mental Disorder While Also Suffering From a Qualifying Disorder Does Not Bar Eligibility for Mental Health Diversion Under § 1001.36 by Anthony Accurso by Anthony W. Accurso The Court of Appeal of California, Fifth Appellate District, vacated a trial court’s decision …
Article • December 15, 2021 • from CLN January, 2022
Montana Supreme Court: Defendant’s Due Process Rights Violated by Delayed Initial Appearance for Two Years While Jailed in New York on Out-of-State Warrant by David Reutter by David M. Reutter The Supreme Court of Montana held that a defendant’s due process rights were violated by the State’s failure to bring …
Article • December 15, 2021 • from CLN January, 2022
Nevada Supreme Court Reverses Denial of Motion to Withdraw Guilty Plea Because Defendant Had Strong Argument for Speedy Trial Violation and Colorable Claim of IAC by Douglas Ankney by Douglas Ankney The Supreme Court of Nevada reversed the district court’s denial of Kevin Sunseri’s motion to withdraw his guilty plea …
Article • October 15, 2021 • from CLN November, 2021
Filed under: Speedy Trial
Kansas Supreme Court Affirms Reversal and Dismissal of Murder Charges Based on Speedy Trial Violation by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas affirmed a judgment of the Court of Appeals (“COA”) that reversed Danny W. Queen’s convictions for intentional second-degree murder; attempted second-degree murder; and attempted …
Article • September 15, 2021 • from CLN October, 2021
Mississippi Supreme Court: Failure to Timely File Motion to Suppress Confession Obtained as Result of Police Threats and Promises Constitutes Ineffective Assistance of Counsel by Matthew Clarke by Matt Clarke The Supreme Court of Mississippi held that a defendant’s trial counsel was ineffective for failing to timely object to the …
Article • September 15, 2021 • from CLN October, 2021
Massachusetts Supreme Court Revisits Lougee and Announces Framework for Determining When Pretrial Detention Prolonged Due to COVID Violates Due Process by Douglas Ankney by Doug Ankney The Supreme Judicial Court of Massachusetts (“SJC”) announced the framework for deciding whether a defendant’s due process rights were violated where the defendant’s pretrial …
Article • August 15, 2021 • from CLN September, 2021
Filed under: Speedy Trial, Dismissal
Nebraska Supreme Court Reverses Denial of Pretrial Motion for Absolute Discharge on Speedy Trial Grounds by Matthew Clarke The Supreme Court of Nebraska reversed a lower court’s denial of a criminal defendant’s motion for absolute discharge based on statutory speedy trial grounds. A complaint was filed against Douglas P. Jennings …
Article • May 15, 2021 • from CLN June, 2021
Eleventh Circuit: Lawyer’s Purposeful Late Filing of Habeas Petition Grounds for Equitable Tolling by Dale Chappell by Dale Chappell In a case where habeas counsel purposely waited until it was too late to file a federal habeas corpus petition, the U.S. Court of Appeals for the Eleventh Circuit held on …
Article • February 15, 2021 • from CLN March, 2021
Indiana Supreme Court: Speedy Trial Right Violated After 6.5 Years Without Retrial by Anthony Accurso by Anthony Accurso The Supreme Court of Indiana held that a defendant’s right to a speedy trial was violated where he was made to wait six-and-a-half years before he was retried on a pending 30-year …
Article • February 15, 2021 • from CLN March, 2021
Montana Supreme Court: Five-Year Delay Violates Speedy Trial and Is Presumptively Prejudicial by Douglas Ankney by Douglas Ankney The Supreme Court of Montana held that a five-year delay in bringing John Wilson Chambers to trial violated his right to a speedy trial, and the lengthy delay was presumptively prejudicial. In …
Article • January 15, 2021 • from CLN February, 2021
Louisiana Supreme Court Vacates Murder Conviction for Speedy Trial Violation by Dale Chappell by Dale Chappell In a case where state prosecutors delayed retrying a defendant after his conviction was vacated, the Supreme Court of Louisiana held that the State’s delay violated the speedy trial rules and vacated the murder …
Article • June 15, 2020 • from CLN July, 2020
COVID-19 Causing Some Pretrial Detainees to Spend More Time in Jail by Douglas Ankney by Douglas Ankney In New York, persons accused of felonies are brought before a judge who decides whether to impose bail. Then prosecutors must present the evidence before a grand jury within six days and obtain …
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