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California Court of Appeal: Confrontation Clause Violated Where Defense Prohibited From Cross-Examining Prosecution Witness About Biased Motivation and Fabrication by Douglas Ankney by Douglas Ankney The Court of Appeal of California, First Appellate District, held that Cecilio Castaneda-Prado’s right to confront his accusers was violated when the superior court prohibited …
Article • March 15, 2023 • from CLN April, 2023
Massachusetts Supreme Court: Probationer’s Due Process Right to Present a Defense Violated Where Denied Opportunity to Call Complainant Who Alleged Sexual Assault as a Witness During Probation Revocation Hearing by Harold Hempstead by Harold Hempstead The Supreme Judicial Court of Massachusetts held that a probationer’s due process right to present …
Article • February 15, 2023 • from CLN March, 2023
California Court of Appeal: Trial Court’s Denial of Faretta Request Without Finding of ‘Severe Mental Illness’ Denied Defendant Sixth Amendment Right to Self-Representation by Matthew Clarke by Matt Clarke The Court of Appeal of California, Fourth Appellate District, reversed a conviction for assault on a peace officer by means of …
Article • May 1, 2022 • from CLN May, 2022
Connecticut Supreme Court: Trial Court Abused Discretion by Limiting Self-Represented Defendant’s Direct Examination Regarding Risk of Injury to a Child by Matthew Clarke by Matt Clarke The Supreme Court of Connecticut held that a trial court erred when it limited the testimony of a self-represented defendant in a trial for …