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Ninth Circuit Announces ‘Clear Error’ Review Applies to District Courts’ Factual Findings for Brady Challenges and Affirms District Court’s Mid-Trial Order Excluding Witness Testimony and Imposing Monetary Sanctions for Government’s Brady Violation by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit upheld the U.S. …
Kansas Supreme Court Announces Complete and Wrongful Denial of Defendant’s Constitutional Right to Testify Constitutes ‘Structural Error’ and Reverses Convictions Where Defendant Removed From Stand and Entire Testimony Stricken by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas held that the complete and wrongful denial of criminal defendant John …
Second Chances: California Clears Criminal Records, Including Violent Crimes by Jo Ellen Nott by Jo Ellen Nott   California is at the forefront of change in criminal justice reform with a new law, Senate Bill 731, allowing people with felony convictions, even violent ones, to petition to have their records …
New York Court of Appeals Overturns Harvey Weinstein’s Convictions Based on Trial Court Rulings That Admitted Prejudicial ‘Prior Bad Acts’ Into Evidence and Violated His Right to Testify in His Own Defense by Richard Resch by Richard Resch The Court of Appeals of New York reversed Harvey Weinstein’s convictions for …
Article • January 15, 2024 • from CLN January, 2024
Study Reveals That Aging Federal Judges May Experience Cognitive Impairment Affecting Their Opinions by Douglas Ankney by Douglas Ankney According to a recent study titled The Effects of Lifetime Tenure and Aging in the United States Federal Judiciary (“Study”), as federal judges age, they may experience a decline in their …
Article • November 1, 2023 • from CLN November, 2023
Study: ‘Inconclusive Finding’ by Examiner of Cartridge Casing Should Be Finding of ‘Excluded’ 85% of the Time by Douglas Ankney by Douglas Ankney A recent study by researchers from Arizona State University (“ASU”) “found that 85% of cartridge cases that were judged inconclusive by forensic firearm examiners were actually fired …
Article • February 15, 2023 • from CLN March, 2023
California Court of Appeal: ‘Actual Killer’ Under Felony-Murder Rule Means Person ‘Who Personally Killed the Victim” by Harold Hempstead by Harold Hempstead The Court of Appeal of California, Third Appellate District, held that the term “actual killer” under the current felony-murder rule, as amended by Senate Bill No. 1437 (2017-2018 …
Article • January 15, 2023 • from CLN February, 2023
California Court of Appeal: At Felony-Murder Resentencing Hearing, Court May Not Deny Relief Based on Findings That Are Inconsistent With Previous Acquittal by Douglas Ankney by Douglas Ankney The Court of Appeal of California, First Appellate District, held that “a trial court cannot deny relief in a § 1170.95 proceeding …
Article • December 15, 2021 • from CLN January, 2022
North Carolina Supreme Court Announces Pretrial Notice of Duress Defense Does Not Forfeit Fifth Amendment Right to Silence, Reaffirms Rule Against Preemptive Impeachment by Anthony Accurso by Anthony W. Accurso The Supreme Court of North Carolina held that defendants filing a pretrial notice of intent to rely upon the affirmative …
Article • August 15, 2021 • from CLN September, 2021
Virginia Passes Comprehensive Record Clearance Legislation by Casey Bastian Far too frequently, a criminal record is an obstacle to securing education, employment, housing, and other similar necessities. Approximately 1.6 million Virginia residents have a criminal record; a disproportionate number of them are Black. The House and Senate Chambers of the …
Collateral Consequences: The Crossroads of Punishment, Redemption, and the Effects on Communities, U.S. Commission on Civil Rights, 2019 U . S . C O M M I S S I O N O N C I V I L R I G H T S COLLATERAL CONSEQUENCES: The Crossroads of …
Capitalizing on Criminal Justice, Eisha Jain, Duke Law Journal, 2018 JAIN IN PRINTER FINAL (DO NOT DELETE) 4/9/2018 2:41 PM CAPITALIZING ON CRIMINAL JUSTICE EISHA JAIN† ABSTRACT The U.S. criminal justice system “piles on.” It punishes too many for too long. Much criminal law scholarship focuses on the problem of …