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Article • December 5, 2017 • from PLN December, 2017
Louisiana Death Sentence Reversed, Charges Dismissed, Lawsuit Filed by David Reutter by David M. Reutter Following the reversal of his homicide conviction by the Louisiana Supreme Court in November 2016, death row prisoner Rodricus Crawford, 29, was released on $50,000 bond after serving three years in prison. A new prosecutor …
Article • December 5, 2017 • from PLN December, 2017
Vermont Supreme Court Upholds Rights of Jailhouse Lawyers by Christopher Zoukis by Christopher Zoukis In a unanimous and lengthy opinion, the Vermont Supreme Court dismissed a charge of unauthorized practice of law brought against a jailhouse lawyer. Martin Serendipity Morales, a prisoner who identifies as female, was being held at …
Brief • November 16, 2017
Juniper v. Zook, VA, Opinion, Brady Claim, 2017 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7 ANTHONY BERNARD JUNIPER, Petitioner-Appellant, v. DAVID W. ZOOK, Warden, Sussex I State Prison, Respondent-Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. John …
Brief • November 2, 2017
State of West Virginia v. Henson, WV, Appeal, Double Jeopardy-Common Law, 2017 IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA September 2017 Term FILED November 2, 2017 No. 16-0914 released at 3:00 p.m. EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA STATE OF WEST VIRGINIA, Plaintiff …
Brief • October 31, 2017
Huertas v. Billings Municipal Court, MO, Opinion-Order, double jeopardy, 2017 10/31/2017 OP 17-0084 Case Number: OP 17-0084 IN THE SUPREME COURT OF THE STATE OF MONTANA 2017 MT 261 CITY OF BILLINGS, ex rel., JAMES JOSEPH HUERTAS, Relator and Petitioner, v. BILLINGS MUNICIPAL COURT, The Honorable Sheila R. Kolar, and …
Brief • October 26, 2017
The People v. Harrison, CA, Appeal Brief, Possession of Firearm, 2017 Filed 10/26/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, Plaintiff and Respondent, 2d Crim. No. B272132 (Super. Ct. No. BA426149) (Los Angeles County) v. CLIFFORD HARRISON, …
Brief • September 6, 2017
State of Utah v. Goins, UT, Opinion, 2017 This opinion is subject to revision before final publication in the Pacific Reporter 2017 UT 61 IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, Respondent, v. DESEAN MICHAEL GOINS, Petitioner. No. 20160485 Filed September 6, 2017 On Certiorari …
At Our Own Peril: DoD Risk Assessment in a Post-Primacy World, The United States Army War College, 2017 At Our Own Peril: DoD Risk Assessment in a Post-Primacy World Project Director & Principal Author Nathan P. Freier Contributing Authors Christopher M. Bado Christopher J. Bolan Robert S. Hume J. Matthew …
Brief • May 8, 2017
Filed under: Criminal Procedure
Arizona Attorneys for Criminal Justice v. Ducey, AZ, Complaint for Declaratory and Injunctive Relief, Defense Contact With Victim, 2017 Case 2:17-cv-01422-SPL Document 1 Filed 05/08/17 Page 1 of 16 1 2 3 4 5 6 7 8 9 10 11 12 Kathleen E. Brody (Bar No. 026331) Brenda Muñoz Furnish …
Arkansas Court of Appeals Upholds Civil Forfeiture Ruling by On May 4, 2016, the Arkansas Court of Appeals upheld a lower court’s order for the civil forfeiture of nearly $20,000 seized from Guillermo Espinoza during a July 2013 traffic stop. Espinoza was never charged with a crime and prosecutors eventually …
Article • November 18, 2015
Excessive Oregon “DUII-Conviction Fee” Vacated by Excessive Oregon “DUII-Conviction Fee” Vacated On July 23, 2014, the Oregon Court of Appeals held that a lower court imposed an excessive fee for driving under the influence of intoxicants (DUII). The Oregon sentencing courts were previously allowed to assess a “DUII-conviction fee” of …
Article • November 3, 2015
Washington Rape Defendants Incorrectly Required to Prove Consent Defense by Washington Rape Defendants Incorrectly Required to Prove Consent Defense On October 30, 2014, the Washington Supreme Court held that requiring a criminal defendant to prove an alleged rape victim’s consent violates due process. Before 1975, Washington law defined rape as …
Article • June 11, 2015
Disruptive Oregon Criminal Defendant Properly Denied Self-Representation by Disruptive Oregon Criminal Defendant Properly Denied Self-Representation On August 13, 2014, the Oregon Court of Appeals held that a trial court properly refused to allow a disruptive criminal defendant to represent himself at trial. The court erred, however, in doubling its twelve …
Article • June 10, 2015
Supreme Court Grants Habeas for Defense Counsel's Failure to Investigate Mitigating Circumstance in Murder Case by Supreme Court Grants Habeas for Defense Counsel's Failure to Investigate Mitigating Circumstance in Murder Case On November 30, 2009 U.S. Supreme Court reversed the Florida Supreme Court decision that discounted Counsel's failure to conduct …
Article • May 24, 2015
Oregon Prisoners Must Attach Evidence to Petitions for Post-Conviction Release by Oregon Prisoners Must Attach Evidence to Petitions for Post-Conviction Release On June 12, 2014, the En Banc Oregon Supreme Court held that a post-conviction relief (PCR) petitioner must attach an affidavit or other evidence, supporting every element of every …
Article • April 9, 2015 • from PLN April, 2015
Filed under: Criminal Procedure
Oregon Courts Must Give Notice before Amending Judgment by Mark Wilson Oregon Courts Must Give Notice before Amending Judgment by Mark Wilson On August 6, 2014, the Oregon Court of Appeals reversed a lower court’s second amended judgment that reinstated a former prisoner’s lifetime term of post-prison supervision (PPS). The …
Article • March 5, 2015 • from PLN March, 2015
Texas Court Reexamines Test for Misconduct by Forensic Scientist by Mark Wilson Texas Court Reexamines Test for Misconduct by Forensic Scientist by Mark Wilson On January 15, 2014, the Texas Court of Criminal Appeals modified its earlier decisions in which it had presumed that evidence handled by a forensic scientist …
Article • January 15, 2015
Oregon Prisoners Must Attach Evidence to Petition for Post Conviction Relief by Oregon Prisoners Must Attach Evidence to Petition for Post Conviction Relief On June 12, 2014, the En Banc Oregon Supreme Court held that a post-conviction relief (PCR) petitioner must attach an affidavit or other evidence supporting every element …
Article • January 10, 2015 • from PLN January, 2015
Admission of Jail Disciplinary Records at Criminal Trial May Violate Confrontation Clause by David Reutter Admission of Jail Disciplinary Records at Criminal Trial May Violate Confrontation Clause by David M. Reutter The Texas Court of Appeals, First District, held in December 2013 that the admission of jail disciplinary records at …
When Attorneys Fumble, Defendants Face Consequences by David Reutter When Attorneys Fumble, Defendants Face Consequences by David M. Reutter The right of defendants facing criminal charges to be represented by counsel is the bedrock of our criminal justice system, expressly enshrined in the Sixth Amendment. An underlying doctrine to that …
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