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Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises by David Reutter by David M. Reutter The United States Court of Appeals for the Fifth Circuit held that the U.S. District Court …
Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Third Circuit affirmed the U.S. District Court …
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. …
The Daniel Buffington Dilemma: Does His Expert Witness Testimony Satisfy Daubert? by Jo Ellen Nott by Jo Ellen Nott Twenty-seven states in the U.S. have the death penalty. Those states and the federal government carry out the sentence by injecting a lethal mix of one, two, or three drugs as …
Article • September 15, 2021 • from CLN October, 2021
Massachusetts Supreme Judicial Court: Withholding Exculpatory Statement Change by Key Witness Constitutes Brady Violation, Requiring New Trial by Matthew Clarke by Matt Clarke The Supreme Judicial Court of Massachusetts held that the prosecution in a first-degree murder (extreme atrocity or cruelty) trial failed to disclose material, exculpatory evidence that a …
California Court of Appeal Overturns Child Sex Abuse Convictions Based on Prosecution’s Violation of Brady Obligations by Withholding Witness Impeachment Evidence by Matthew Clarke by Matt Clarke The Court of Appeal of California, First Appellate District, reversed a man’s convictions for forcible rape, digital penetration, and misdemeanor battery of a …
Third Circuit: No Categorical Ban on Reliability of Recantations as New Evidence by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Third Circuit held that a district court’s “categorical” ban on using a witness’ recantation (and confession to the crime) as new evidence to show actual …
Fifth Circuit Grants Habeas Relief Because Detective’s Testimony of Witness Identification of Defendant Violates Confrontation Clause by Dale Chappell by Dale Chappell In a case where a prosecutor pulled statements from a detective during testimony before a jury that tied a defendant to the crime – and without that witness …
Wilson v. County of Los Angeles, CA, Settlement Agreement, Wrongful Conviction, 2020 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims ("Agreement") is made and entered into by and between Plaintiff Andrew Wilson ("Plaintiff'), on the one hand, and Defendant County of Los Angeles …
Wilson v. County of Los Angeles, CA, Complaint, Wrongful Conviction, 2018 se 2:18-cv-05775-KS Document 1 Filed 07/01/18 Page 1 of 75 Page ID # :1 1 BARRETT S. LITT, SBN 45527 Email: blitt@.kmbllaw.com 2 RONALD . KA YE, SBN 145051 Email: rok~kmbllaw.com 3 KEVIN J. aHUE, SBN 237556 KA YE, …
Publication • May 1, 1988
University of Miami Law Review-The Admissibility of Former Testimony-Defining a Predecessor in Interest, May 1988 University of Miami Law Review Volume 42 Number 4 Volume 42 Issues 4-5 (March-May 1988) Special Topics in the Law of Evidence Article 6 5-1-1988 The Admissibility of Former Testimony Under Rule 804(b)(1): Defining a …