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Arizona Supreme Court: Trial Court Must Tell Jury Defendant Ineligible for Parole in Death Penalty Phase
by Dale Chappell
The trial court erred by failing to tell the jury that a defendant was ineligible for parole before its decision to impose the death penalty, the Supreme Court of Arizona held November 6, 2017.
A jury found Jasper Rushing guilty of killing his cellmate at the Lewis ...
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More from this issue:
- Study: Unionized Police? Increased Misconduct, by Derek Gilna
- ‘Serious Bodily Harm’ Does Not Include Animals, Massachusetts Supreme Court Holds, by Dale Chappell
- Georgia Supreme Court Vacates Convictions and Sentences Due to Merger Errors, by Matthew Clarke
- Rhode Island High Court Abolishes Shatney in Initial Application for Postconviction Relief by Prisoners Serving Life Without Parole, by Matthew Clarke
- North Dakota Supreme Court Announces Interpretation of Restitution Statutes, by Christopher Zoukis
- Fifth Circuit: 96-Day Pretrial Detention Without Appearance Before Judge or Chance to Post Bail Violates Fourteenth Amendment Due Process Rights, by Matthew Clarke
- Fifth Circuit Holds Prisoner May Sign and Deliver Habeas-Related Motion on Behalf of Fellow Prisoner Under Prison Mailbox Rule, by Dale Chappell
- Federal Judge Excludes Evidence After FBI Lies on Search Warrant Affidavit, Geek Squad on FBI payroll, by Matthew Clarke
- ‘Black Identity Extremists’ Added to FBI List of Domestic Terrorists, by Christopher Zoukis
- The G-Men are Coming: Local Cops Partner with Federal Authorities to Deport Undocumented Immigrants, by Christopher Zoukis
- U.S. Supreme Court: Death Penalty Case Involving Racist Juror Requires Further Consideration, by Christopher Zoukis
- Ohio Supreme Court Holds State Cannot Prove ‘Bulk Amount’ of Fentanyl Under Statute, by Dale Chappell
- Colorado Supreme Court: Conviction of Drunk Motorist for Attempted Reckless Manslaughter and Attempted Second Degree Assault Requires Risk to Discernable Person, Not Merely Public At-Large, by Christopher Zoukis
- U.S. Supreme Court Resolves Split Among Circuit Courts of Appeals on Tax Code § 7212(a), by Richard Resch
- Ninth Circuit Reverses Drug Smuggling Conviction for Improper Exclusion of Evidence of Third-Party Culpability, by Christopher Zoukis
- Arizona Supreme Court: Trial Court Must Tell Jury Defendant Ineligible for Parole in Death Penalty Phase, by Dale Chappell
- Iowa Supreme Court Rules District Courts Have Authority to Hear Postconviction Relief Actions Involving Deprivation of Liberty or Property Interest, by David Reutter
- Innocence be Damned: Prosecutors Who Disregard Justice in Push to Win at Any Cost, by Dale Chappell
- Cautionary Tale: Visible Fingertips in Cellphone Pictures Can Get You Arrested, by Steve Horn
- D.C. Circuit Vacates Sentence Because Government Breached Plea Agreement by Providing Defendant’s Confidential Statements to Sentencing Court, by Dale Chappell
- Colorado Supreme Court Limits Bottom End of Aggravated Sentencing Statute for Habitual Sex Offenders, by Christopher Zoukis
- New Report: 60 Percent of Exonerations Stem from Official Misconduct, by Steve Horn
- Washington High Court Issues New Rule Making Immigration Status Inadmissible, by Derek Gilna
- ‘Shaken Baby Syndrome’ Diagnoses Discredited, Convictions Questioned, by Matthew Clarke
- Captured: ‘Golden State Killer’ Wanted for 12 Murders and 50 Rapes Turns Out To Be Former Sacramento-Area Cop, by Derek Gilna
- Louisiana: No Charges for Cops Who Shot Alton Sterling, Despite Body-Cam Evidence, by Monte McCoin
- Coast to Coast, Sex Offender Residency Restrictions Waste Money, Create Havoc, by Sandy Rozek
- ‘Broken Windows’ Policing Results in Police Lying About Unlawful Stops, by Matthew Clarke
- Drug-Induced Homicide Laws Hurt Rather Than Help Opioid Overdose Crisis, by Dale Chappell
- Pennsylvania Supreme Court Rules FBI Admission Microscopic Hair Analysis Wrong 90% of the Time is Newly Discovered Fact Allowing Untimely Post-Conviction Relief Petition, by Christopher Zoukis
- Habeas Hints: Understanding and Satisfying the Strickland Test for IAC, by Kent A. Russell, Tara Hoveland
- Book Review: California Habeas Handbook 2.0 by Kent A. Russell, by Christopher Zoukis
- Victory: Virginia Supreme Court Delivers Blow to Police Use of License Plate Reader Technology to Track Drivers, Surveil Citizens, by The Rutherford Institute
- U.S. Supreme Court Holds Residual Clause Definition of ‘Crime of Violence’ Unconstitutionally Vague Under Due Process Clause, by Dale Chappell
- Vague Criminality and Mass Incarceration: Will Dimaya End the Insanity?, by Leah Litman
- New York Times Investigation Spotlights NYPD Practice of ‘Testilying’, by Derek Gilna
- News in Brief
- Sex Offender Registries: Common Sense or Nonsense?, by Christopher Zoukis
More from Dale Chappell:
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, Jan. 1, 2023
- Federal Habeas Corpus: How to Raise an Actual Innocence Claim, Dec. 15, 2022
- Federal Habeas Corpus: Role of the Magistrate Judge, Nov. 15, 2022
- Federal Habeas Corpus: Obtaining Habeas Relief After a Guilty Plea, Oct. 15, 2022
- Government Snitches Rake in Millions as Their Testimony Is the Leading Cause of Wrongful Convictions, Sept. 15, 2022
More from these topics:
- Idaho Stopped From Repeatedly Scheduling Executions That It Cannot Carry Out, July 1, 2024. Injunctions, Death Penalty/Death Row, Death Penalty, Death Row, Cruel and Unusual Punishment, Punishment, Method of Execution, Lethal Injection, Lethal Injection Method of Execution.
- Two Prisoners Removed from Texas Death Row Due to Intellectual Disability, July 1, 2024. Death Penalty/Death Row, Death Penalty, Death Row, Mental Retardation/Intellectual Disability.
- Fourth Circuit Vacates Where Instructions Failed to Inform Jury That Mens Rea of ‘Knowingly or Intentionally’ Applies to ‘Except as Authorized’ in 21 U.S.C. § 841(a)(1), June 15, 2024. Jury Instructions, Essential Elements of Crime, Mens Rea Element, Elements of Offense, Failure to Instruct on Scienter Requirement.
- Executions Rise in 2023, Number on Death Row Falls, June 1, 2024. Criminal Prosecution, Statistics/Trends, Death Penalty, Death Row.
- Atheist Chaplain Attends Atheist Oklahoma Prisoner During Execution, June 1, 2024. Death Penalty/Death Row, Death Penalty, Death Row, Clergy.
- Botched Idaho Execution Halted, June 1, 2024. Death Penalty, Lethal Injection Method of Execution.
- His Appeal Lost for 28 Years, Texas Prisoner Finally Off Death Row, June 1, 2024. Death Penalty, Failure to Treat (Mental Illness), Appeals/Appellate Jurisdiction.
- Washington Supreme Court: Nonexceptional Consecutive Terms of ‘Community Custody’ May Not Exceed Aggregate Term of 24 Months, May 15, 2024. Parole, Probation, Parole & Supervised Release, Concurrent and Consecutive Sentences, Multiple Sentences, Aggregate Sentence.
- Regarding Death Penalty, Biden’s Actions Don’t Align with His Mouth, May 1, 2024. Commentary/Reviews, Criminal Prosecution, Statistics/Trends, Death Penalty.
- Condemned Texas Prisoner Ruled Too Mentally Ill to Execute, April 1, 2024. Death Penalty/Death Row, Death Penalty, Death Row, Failure to Treat (Mental Illness), Mental Health Experts, Post Ake v. Oklahoma, Judgment - Modification of.
