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Article • January 15, 2025 • from CLN January, 2025
Oregon Supreme Court Announces 60-Day Limit on Pretrial Custody Applies to Retrials by Matthew Clarke by Matt Clarke The Supreme Court of Oregon held that the provision of ORS 136.290 limiting a criminal defendant’s pretrial custody to no more than 60 days also applies to retrials. Anthony Lee Benjamin IV …
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 …
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 …
Article • July 15, 2022 • from CLN August, 2022
Sixth Circuit: COA Not Required to Appeal Order Denying Rule 4(a)(5) Motion for Extension of Time to File Notice of Appeal by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that a Certificate of Appealability (“COA”) is not required when appealing a district …
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 • 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 • 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
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 • May 15, 2020 • from CLN June, 2020
Ninth Circuit: Mental Impairment that Prevented ‘Monitoring’ of Habeas Counsel’s Actions May Require Equitable Tolling by Dale Chappell by Dale Chappell The U.S. Court of Appeals held on March 25, 2020, that a prisoner’s mental impairment that prevented him from “monitoring” his habeas counsel’s actions, which led to the delayed …
Article • April 15, 2020 • from CLN May, 2020
Filed under: AEDPA, Periods of Delay
Fifth Circuit Settles In-Circuit Confusion, Holds Implicit Extension of Time to File State Appeal Tolls AEDPA Clock to File Federal Habeas Petition by Dale Chappell by Dale Chappell T he U.S. Court of Appeals for the Fifth Circuit held on February 3, 2020, that when a Louisiana state court grants …
Article • April 15, 2020 • from CLN May, 2020
Washington Supreme Court Announces PRP Petition ‘Final’ Upon Issuance of Certificate of Finality to Allow Tolling of Federal Habeas Clock by Dale Chappell by Dale Chappell Answering a question certified to the Court by the U.S. Court of Appeals for the Ninth Circuit, the Supreme Court of Washington held on …