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Article • June 9, 2017 • from PLN June, 2017
Double Blind: Preventing Eyewitness Error by Christopher Moraff by Christopher Moraff, The Crime Report On the evening of November 20, 1998, two teenaged girls left a Rite Aid in East Baltimore and were accosted by a knife-wielding man demanding money. During the confrontation, a 16-year-old named Toni Bullock was dragged into ...
Article • May 5, 2017 • from PLN May, 2017
Filed under: Statistics/Trends, Trials
The Case of the Disappearing Criminal Jury Trial by Christopher Zoukis by Christopher Zoukis Every person accused of a crime has the right to a trial by jury. That right is enshrined in the U.S. Constitution, and is available to anyone charged with a serious criminal offense. But the number ...
Article • March 31, 2017 • from PLN April, 2017
Supreme Court Reverses Criminal Conviction for Racial Bias by Juror by Derek Gilna by Derek Gilna In a decision sure to reverberate throughout the nation’s criminal courts, in March 2017 the U.S. Supreme Court reversed the conviction of a Colorado defendant charged with sexual battery due to a juror’s racially ...
ACLU Sues California as Incompetent Defendants Wait in Jail for Mental Health Treatment by Joe Watson The ACLU filed a lawsuit last year on behalf of defendants declared incompetent to stand trial who languish in county jails across California while they await transfers to state mental health facilities. When the ...
Article • October 23, 2015
Filed under: Appeals, Trials
Connecticut Supreme Court Invokes Supervisory Authority Reversing Conviction by Connecticut Supreme Court Invokes Supervisory Authority Reversing Conviction Calling the harm resultant of requiring a prisoner to wear a prison jumpsuit at jury trial an “unambiguous and indefensive” constitutional violation, the Supreme Court of Connecticut applied its supervisory authority in affirming, ...
Article • October 16, 2015
Nevada Jury Improperly Shown “GUILTY” Stamped Booking Photo by Nevada Jury Improperly Shown “GUILTY” Stamped Booking Photo On November 27, 2013, the Nevada Supreme Court reversed a Las Vegas man’s 2011 convictions and remanded the case for a new trial, holding that a PowerPoint slide showing his face with the ...
Article • July 2, 2015
Filed under: Appeals, Juries, Trials
11th Circuit: Objection to Sleeping Juror Must be Contemporaneous by 11th Circuit: Objection to Sleeping Juror Must be Contemporaneous The Eleventh Circuit Court of Appeals upheld a district court’s order denying a new trial based on a sleeping juror because there was not a contemporaneous objection. Florida prisoner Darrel Cummings ...
Article • July 9, 2014 • from PLN July, 2014
Jury’s Tasteless Gag Gifts to Judge and Bailiff Fail to Demonstrate Unfair Trial by Jury’s Tasteless Gag Gifts to Judge and Bailiff Fail to Demonstrate Unfair Trial The Eleventh Circuit Court of Appeals has affirmed the denial of a death row prisoner’s habeas corpus petition that contended he was denied ...
California: Sexually Violent Predator Entitled to Jury Trial on Petition Seeking Conditional Release by The California Court of Appeal has reversed the denial of a petition for conditional release filed by a sexually violent predator (SVP) who had received a psychological evaluation indicating that conditional release would be in his ...
Article • July 15, 2013 • from PLN July, 2013
Seventeen Years Pending Re-trial Fails to State Speedy Trial Violation under § 1983 by Seventeen Years Pending Re-trial Fails to State Speedy Trial Violation under § 1983 The Sixth Circuit Court of Appeals has held that a pretrial detainee did not suffer a violation of his Sixth Amendment right to ...
Article • March 15, 2013
Trial and Conviction in Washington Jailhouse Courtroom Overturned by Michael Rigby by Mike Rigby On May 27, 2010, the Washington State Supreme Court, sitting en banc, held that a trial and subsequent conviction that took place in a jailhouse courtroom violated the defendant's right to due process by eroding the ...
Article • April 15, 2009
California Sexual Predators Have Right to Testify at Civil Commitment Hearings by The Supreme Court of California has held that a defendant in a sexually violent predator proceeding does have California and federal constitutional rights to testify over counsel’s objection, but that refusing to allow the testimony is a harmless ...
N.Y. Corrections Veteran Awarded $150,000 For Retaliation by New York State guard Patricia Luca brought 42 U.S.C. § 1983 action against Nassau County, it's police and sheriff's departments, Civil Service Commission and various individuals. She alleged gender discrimination and retaliation for having filed a sexual harassment complaint. Luca was awarded ...
Article • July 15, 2008
Texas Eliminates Next-Grand-Jury-Session Limitation On Indictments by by Matthew T. Clarke On December 6, 1006, the Texas Court of Criminal Appeals (CCA) held unconstitutional the provision of Article 28.061, Texas Code of Criminal Procedure (CCP), requiring dismissal of a prosecution with prejudice if an indictment is not brought against a ...
A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE by A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE A Review of ...
Article • May 15, 2007
No Subpoenas for Indigent Litigants by The court of appeals for the Ninth circuit affirmed the dismissal of an Oregon prisoner's 42 U.S.C. Section 1983 action alleging claims against a prison guard, who did not honor a subpoena, and an assistant attorney general, who advised the guard the subpoena did ...
Article • July 15, 2004 • from PLN July, 2004
Oregon Trial in Prison Did Not Violate Constitution by Oregon Trial in Prison Did Not Violate Constitution In two opinions issued the same day, the Oregon Court of Appeals held that holding criminal trials of prisoners in a courtroom inside a prison did not violate the Oregon or United States ...
CCA Abuse Goes Unpunished at New Jersey INS Detention Center by Mark Dow Maybe it was cynical courtroom theatre, or maybe the attorney for the Corrections Corporation of America (CCA) believed it when he ridiculed the very idea that prison guards would retaliate against prisoners for conducting a hunger strike ...
Article • January 15, 2003 • from PLN January, 2003
Trial in Prison Violates Oregon's "Public Trial" Guarantee by The Oregon Court of Appeals held that a trial conducted within the confines of a prison that was not open to the public violated Oregon's constitutional guarantee of a public trial. James Jackson, a prisoner at the Snake River Correctional Institution, ...