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Article • August 1, 2025 • from CLN August, 2025
California Court of Appeal: Trial Court Misconstrued Elements of Implied Malice Theory of Provocative Act Murder Under Current Law and Reverses Denial of Petition for Resentencing by Sagi Schwartzberg The Court of Appeal for California, Fifth Appellate District, held that petitioner Tramell Vernon Taylor was entitled to resentencing on his …
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 • March 15, 2025 • from CLN April, 2025
Nevada Supreme Court: Theft Offenses and Possessing or Receiving Stolen Property Offenses Are Mutually Exclusive and Double Jeopardy Protections Bar Conviction for Both Offenses When Based on Same Conduct by Douglas Ankney by Douglas Ankney The Supreme Court of Nevada reaffirmed that theft offenses and possessing or receiving stolen property …
Article • March 15, 2025 • from CLN April, 2025
Fifth Circuit Announces Definition of ‘Controlled Substance’ in Effect at Time of Current Sentencing Applies for Purposes of Career-Offender Enhancement, Not Definition at Time of Prior Sentencings by Jeffrey Cohen by Jeffrey Cohen The United States Court of Appeals for the Fifth Circuit held that the definition of “controlled substance” …
California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions by Sam Rutherford by Sam Rutherford The California Court of Appeal, Sixth District, held that defendants are …
California Court of Appeal Announces Equal Protection Entitles Youth Offenders Convicted of Special Circumstances Murder Predicated on Robbery or Burglary to Franklin and Parole Hearings Under Cal. Penal Code § 3051 by Sam Rutherford by Sam Rutherford The Court of Appeal of California, District 1, held that Cal. Penal Code …
Article • February 1, 2025 • from CLN February, 2025
Vermont Supreme Court Eliminates Year-and-a-Day Rule in Murder Prosecutions by Sam Rutherford by Sam Rutherford The Supreme Court of Vermont abrogated the common-law year-and-a-day rule, under which the victim must die within one year and a day of the defendant’s criminal conduct to support a murder charge, thus reinstating a …
Article • December 15, 2024 • from CLN January, 2025
California Court of Appeal Announces Postconviction Discovery Permitted in Resentencing Under Penal Code § 1172.6 for Felony Murder and Natural and Probable Consequences Murder Convictions by Sam Rutherford by Sam Rutherford The Court of Appeal of California, Second Appellate District, held that defendants are entitled to conduct discovery in preparation …
Article • December 15, 2024 • from CLN January, 2025
Scent of Death Evidence Admitted at Indiana Murder Trial by Sam Rutherford by Sam Rutherford In May 2024, John Hallett, 54, of Michigan City was found guilty of murdering his roommate and then dismembering the body. Prosecutors obtained the conviction by relying on novel “scent of death” evidence to prove …
Article • December 15, 2024 • from CLN January, 2025
Sixth Circuit Announces Ohio’s Standard for Judicial Bias Contrary to Clearly Established Federal Law, Holds Trial Judge Unconstitutionally Biased in Capital Case and Defendant Denied Right to Present Mitigating Evidence, Grants Habeas Relief by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Sixth Circuit granted an …
Article • November 1, 2024 • from CLN November, 2024
Filed under: Murder/Felony Murder
Georgia Supreme Court: Discovery of Common Law Wife’s Infidelity Entitled Defendant to Voluntary Manslaughter Instruction in Malice Murder Prosecution by Sam Rutherford by Sam Rutherford The Supreme Court of Georgia held that the trial court erred in refusing to give the jury a lesser included offense instruction of voluntary manslaughter …
Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge by Anthony Accurso by Anthony W. Accurso The Supreme Court of Georgia ruled that defense counsel was ineffective for failing to argue that self-defense is a …
Washington Court of Appeals Clarifies ‘Nexus’ Standard Authorizing Warrantless Searches of Parolees and Probationers by Sam Rutherford by Sam Rutherford The Court of Appeals of Washington, Division One, held that under the Washington Constitution, warrantless searches of parolees or probationers must have a nexus between the suspected violation of a …
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 • February 15, 2024 • from CLN February, 2024
New Mexico Supreme Court Announces Marquez’s Holding That ‘Crime of Shooting at or From Motor Vehicle Cannot Be Predicate Felony Supporting Charge of Felony Murder’ Is New Substantive Rule and Applies Retroactively by Douglas Ankney by Douglas Ankney The Supreme Court of New Mexico held that the holding of State …
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 …
Tenth Circuit Announces District Court Erred in Applying Attempted Murder Cross-Reference Under U.S.S.G. § 2A2.1 Based on Malice Aforethought, Without Finding Intent to Kill by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the Western District of …
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