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Maine Supreme Judicial Court Announces Clarification of Test for Violation of Right to Speedy Trial Under Maine Constitu-tion
by David M. Reutter
The Supreme Judicial Court of Maine concluded a post-conviction review (“PCR”) court misconstrued aspects of relevant law concerning a claim that counsel’s failure to assert the right to a speedy trial constituted ineffective assistance of counsel.
The Court’s opinion was issued in an appeal brought by ...
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More from this issue:
- Dangerous Encounters: Interactions Between Autistic Individuals and Law Enforcement, by Casey Bastian
- Louisiana Sheriffs Repeatedly and Conveniently Destroy Public Records, by Benjamin Tschirhart
- Natural Language Processing Software Can Identify Biased Jury Selection, Has Potential to Be Used in Real Time During Voir Dire, by Jo Ellen Nott
- Eleventh Circuit Announces Defendant May Not Be Sentenced to Home Confinement for Violating Terms of Supervised Release When Sentenced to Statutory Maximum Period of Imprisonment for the Violation, by Douglas Ankney
- CBP Promises Not to Buy Location Data – But Is It a Hollow Promise?, by Michael Thompson
- Use of Forensic Genetic Genealogy Searches to Identify Suspects Needs Regulation and Can Be Challenged, by Matthew Clarke
- Chicago Cop Lied So Many Times Under Oath That Prosecutors Are Dismissing Cases That Relied on His Testimony, by Jordan Arizmendi
- Texas Court of Criminal Appeals Clarifies Application of ‘Estoppel’ in Plea Bargain Context and Holds Trial Court Lacked Jurisdiction to Revoke Community Supervision After Statutory Term Expired, by Richard Resch
- Report Finds Effective Text Message Reminders Can Reduce Community Supervision Violations, by Jordan Arizmendi
- Third Circuit: Pennsylvania Conviction for First-Degree Aggravated Assault Does Not Require Physical Force so Is Not Qualifying Predicate for ACCA Purposes, by Douglas Ankney
- First Circuit: Justification for Upward Sentencing Departure Following Supervised Release Revocation Must Be Ade-quately Explained, by Matthew Clarke
- Sixth Circuit: District Court Committed Procedural Error by Impermissibly Ceding Its Discretion to Congress to Determine Guidelines’ Crack-to-Powder Ratio at Sentencing, by David Reutter
- Indiana Supreme Court Reverses Involuntary Manslaughter Conviction Where Trial Court Denied Defense Counsel Opportunity to Directly Voir Dire Prospective Jurors, by Douglas Ankney
- We the Targeted: How the Government Weaponizes Surveillance to Silence its Critics 2372, by Nisha Whitehead, John W. Whitehead
- Fourth Circuit: Disparate Sentence of 30 Years for Two § 924(c) Convictions Constitutes ‘Extraordinary and Compelling Reason’ for Early Release and § 3553(a) Sentencing Factors ‘Overwhelmingly’ Favor Sentence Reduction, by Douglas Ankney
- Massachusetts Supreme Court: Defense Counsel’s Overt Bias Against Own Client Constitutes Actual Conflict of Interest Requiring New Trial Without Need to Prove Prejudice, by Anthony Accurso
- New Mexico Ends Juvenile Life Without Parole, Retroactively Applies Rule to Previously Convicted Minors, by Anthony Accurso
- Fourth Circuit Reverses § 924(c) Conviction Because Kidnapping No Longer Qualifies as Predicate Offense and ‘Critical Record Documents’ Do Not Show Firearm Charge Was ‘Expressly Predicated Upon’ Any Other Offense, by Douglas Ankney
- New York Court Rules Police Allowed to Use Familial DNA Searches, by Jordan Arizmendi
- Texas Using Highly Sophisticated Israeli Phone Tracking Software, by Jo Ellen Nott
- ‘Criminal Courteaucracy’: Understanding the Unique Role of Criminal Court Administrators in Implementing Social Con-troll, by David Reutter
- Fifth Circuit: Fourth Amendment Seizure Occurred When Officer Pulled Behind Parked Vehicle, Activated Emergency Lights, and Simultaneously Ordered Suspect to Remain in Vehicle, by Douglas Ankney
- The EFF Is Tackling Border Towers, Facilitating Research into Impact of Mass Surveillance, by Anthony Accurso
- Kentucky Supreme Court Clarifies When Lesser-Included Offense Instruction Must Be Provided, Reverses Convictions Based on Trial Court’s Failure to Properly Instruct Jury, by Matthew Clarke
- After Mississippi Supreme Court Announcement, Courts Unprepared to Ensure Poor Defendants Have a Lawyer Throughout the Criminal Process, by Jo Ellen Nott
- Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge, by Richard Resch
- California Supreme Court Reinstates Petition for Resentencing Under SB 1437 Because Trial Court Misapprehended Le-gal Requirements for Proving Aiding and Abetting Implied Malice Murder, by Matthew Clarke
- Maine Supreme Judicial Court Announces Clarification of Test for Violation of Right to Speedy Trial Under Maine Constitu-tion, by David Reutter
- Sixth Circuit: Because Ohio’s Aggravated Robbery Statute Does Not Contain Mens Rea Requirement, Conviction Is Violent Felony Under ACCA Only if Underlying Theft in Robbery Contains Required Mens Rea, by Douglas Ankney
- News in Brief
More from David Reutter:
- California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Evidentiary Hearing Under Felony Murder Resentencing Law, May 15, 2024
- Criminal Justice Reform Becoming a Corporate Priority, May 15, 2024
- Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died, April 26, 2024
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024
- Suit Proceeds Against CoreCivic by Guard Strip-Searched at Georgia Prison, April 26, 2024
- $1.4 Million Verdict for Florida Jail Guard Injured in Transport Van Crash, April 26, 2024
- Florida Supreme Court Bans ‘Vexatious’ Prisoner From Filing Further Pro Se Petitions, April 26, 2024
- $155 Million Settlement for 10,000 California Prison Guard Supervisors in Wage Lawsuit, April 26, 2024
- Unable to Post Bail, Detainee Starves to Death in Arkansas Jail, April 26, 2024
- Eleventh Circuit: “More than Gross Negligence” Required to Prove Deliberate Indifference, April 26, 2024
More from these topics:
- Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character, April 15, 2024. Parental rights, Counsel - Effective Assistance of, Strickland Standard, Failure to Preserve Challenge, Failure to Consult/Investigate/Raise, Battered Child/Spouse Evidence, Character/Reputation/Propensity, Bad Acts Evidence.
- Nevada Supreme Court Reverses Denial of Motion to Withdraw Guilty Plea Because Defendant Had Strong Argument for Speedy Trial Violation and Colorable Claim of IAC, Dec. 15, 2021. Ineffective Assistance of Counsel, Speedy Trial, Rejection.
- Kansas Supreme Court Affirms Reversal and Dismissal of Murder Charges Based on Speedy Trial Violation, Oct. 15, 2021. Speedy Trial.
- Nebraska Supreme Court Reverses Denial of Pretrial Motion for Absolute Discharge on Speedy Trial Grounds, Aug. 15, 2021. Speedy Trial, Dismissal.
- U.S. v. Tigano, No. 15-3073 (2nd Cir.) (880 F.3d 602) (January 23, 2018) (Judge Rosemary S. Pooler), Jan. 15, 2018. Punch And Jurists, Barker Factors.
- U.S. v. Ghailani, No. 11-320-cr (2nd Cir.) (733 F.3d 29) (October 24, 2013) (Judge Jose A. Cabranes), Nov. 4, 2013. Punch And Jurists, Barker Factors.
- U.S. v. Ingram, No. 05-10866 (11th Cir.) (446 F.3d 1332) (April 25, 2006) (Judge Emmett Ripley Cox), March 1, 2006. Punch And Jurists, Barker Factors.
- U.S. v. Franco, No. CRIM. 95-0836 (D.Puerto Rico) (112 F.Supp.2d 204) (August 28, 2000) (Judge Daniel R. Dominguez), Oct. 1, 2000. Punch And Jurists, Speedy Trial.