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Minnesota Supreme Court Clarifies That State Has Burden to Prove Competency to Stand Trial
by Dale Chappell
The State and not the defendant has the burden to prove that a defendant is competent to stand trial, the Supreme Court of Minnesota held, clarifying the rule on the issue of determining competency to stand trial.
After two doctors evaluated Edwin Curtis when defense counsel raised ...
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More from this issue:
- News in Brief
- St. Louis Ordered to Stop Holding Detainees Simply Because They Can’t Afford Bail, by Kevin Bliss
- Debunked Shaken-Baby Syndrome Leads to Reduced Sentence, by Anthony Accurso
- Video Bail Hearings Violate Rights in Many Ways, by Edward Lyon
- Chicago Fingerprint Unit Flawed, Under Scrutiny, by Bill Barton
- Seventh Circuit Rules Failure to Issue Summons or Warrant Means Supervised Release Not Tolled While Merely in Custody, by Anthony Accurso
- Private Companies Use DNA Profiles to Snitch on Customers and Their Families, by Douglas Ankney
- California Losing Millions in Civil Asset Forfeiture Funds as Law Aims to Curb Police Abuse
- Second Circuit Holds NY Sodomy Not ‘Prior Sex Conviction’ for Purposes of Federal Statute Mandating Life Sentence for Repeat Sex Offenders, by Dale Chappell
- Groundbreaking Empirical Study of Expungement Released, by Bill Barton
- Sixth Circuit Announces § 2244(B)(1) Doesn’t Apply to Successive § 2255 Petitions and Rules That If the District Court Relied on Residual Clause of ACCA When Determining Prior Conviction Qualified as Predicate Felony, Then Sentence Cannot Stand, by Douglas Ankney
- Florida Supreme Court Holds Sentencing Statute That Allows Judge to Determine Dangerousness Triggering Upward Depar-ture of Maximum Sentence Unconstitutional, by Dale Chappell
- Minnesota Supreme Court Clarifies That State Has Burden to Prove Competency to Stand Trial, by Dale Chappell
- Will Police Recruitment Crisis Prompt Change in Behavior?, by Douglas Ankney
- Houston Police Cover up Crime Scene With Poor Investigation Techniques, by Kevin Bliss
- Colorado Supreme Court Announces Sniff by Drug Dog Trained to Detect Marijuana Now Constitutes a ‘Search’ Requiring Probable Cause, by Dale Chappell
- Tennessee Supreme Court Holds Judge Lacks Authority to Sign Search Warrant for Property Outside Court’s Jurisdiction, by Dale Chappell
- Another Study Shows There’s No ‘War on Police’, by Bill Barton
- 7th Circuit Instructs District Court to Grant Federal Prisoner’s Habeas Based on § 2255(e) Savings Clause, by Douglas Ankney
- Qualified Immunity: Explained, by Emily Clark, Amir H. Ali
- Massive Outing of Nationwide Instances of Police Misconduct Revealed, by Edward Lyon
- Massachusetts Supreme Judicial Court Explains Procedures of G. L. c. 278A and Rules That a Claim of Self-Defense Is a Claim of Factual Innocence, by Douglas Ankney
- Vermont Supreme Court Rules DUI Breath Test Subject to Voluntariness Challenge Despite Implied Consent Law, by Mark Wilson
- California Court of Appeal Announces Defendant Convicted of Felony Accessory Is Eligible for Resentencing Under Proposition 64, by Douglas Ankney
- California Supreme Court Reverses Attempted Murder and Explains Elements Required For Kill Zone Theory Instruction, by Anthony Accurso
- Oregon Supreme Court Holds ‘Attempt’ Requires Intent to Personally Participate in the Crime, by Dale Chappell
- $13.1 Million Settlement Reached by Actor Framed for Murder, by Douglas Ankney
- BOP Finally Implements First Step Act, Officially Releases 3,100 Prisoners Under ‘Good Conduct Time’, by Dale Chappell
- Colorado Supreme Court Announces That the People Cannot Withdraw From a Plea Agreement After the Trial Court Rejects Stipulated Sentence, by Douglas Ankney
- NYU Study Shows ‘Predictive Policing Systems’ Promote Bad Data, Bad Policing, by Dale Chappell
- SCOTUS: SOL Governing § 1983 Claim Asserting Fabrication of Evidence Begins to Run on Date Criminal Proceedings Are Terminated in Complainant’s Favor, by Douglas Ankney
- Indiana Supreme Court Reduces 30-Year Prison Sentence to 23-Year Community Corrections Placement in Rare Case, by Chad Marks
- New Jersey Supreme Court: Prosecution May Appeal Drug Court Sentence Only When Sentence Is Illegal, by Douglas Ankney
- Sixth Circuit: Prosecutor’s Numerous Improper Comments Constitute Flagrant Misconduct Depriving Defendants of a Fair Trial, by Anthony Accurso
- Fourth Circuit Reverses Lower Court for Giving Dispositive Weight to Plea Agreement Language Rather Than Fact-Based Evaluation of Weight of Evidence in IAC Claim, by David M. Reutter
- Taking Notes Influences Jurors’ Verdicts, by Douglas Ankney
- Colorado Supreme Court Announces That Claims of Insufficient Evidence Not Preserved at Trial Are Subject to De Novo Review on Appeal, by Douglas Ankney
- Refusing to Permit Attorney to Make Offer of Proof Is Abuse of Discretion, Says Indiana Supreme Court, by Douglas Ankney
- Change to New York Misdemeanor Definition May Benefit Non-Citizens, by Michael Berk
- Montana Supreme Court Rules Leaving a Brewery Doesn’t Provide Particularized Suspicion of DUI, by Anthony Accurso
- Massachusetts Supreme Court Holds Statute Requiring GPS Monitoring of Probationers Convicted of Sex Offenses Unconstitutional ‘as Applied’, by Douglas Ankney
- Oregon Supreme Court: Claim Based on New Rule of Constitutional Law Cognizable in Untimely Oregon PCR Action, by Mark Wilson
- Virtual Imprisonment as Big Brother Interactively Listens From Cradle to School to Prison to Parole to Grave, by Edward Lyon
- Column: Obtaining Relief Under 'Davis' in the Wake of 'Johnson', by Dale Chappell
- Seventh Circuit: Woman Answering Door of Suspect’s Residence Wearing Bathrobe Does Not Constitute Apparent Authority to Consent to Search, by Chad Marks
- The Role of Police Misconduct in Wrongful Convictions, by Matthew Clarke
More from Dale Chappell:
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- 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
More from these topics:
- Rhode Island Supreme Court Reverses Conviction Due to Prosecutor’s Remarks and Jury Consideration of Inadmissible Evidence, March 18, 2020. Trials, Wrongful Conviction.
- Maryland Court of Appeals Announces, When Requested, Trial Courts Must Ask During Voir Dire Whether Jurors Will Follow Court’s Instructions on Presumption of Innocence, Burden of Proof, and Right Not to Testify, March 18, 2020. Jury Instructions, Trials.
- Third Circuit: Confrontation Clause Violated When Jury Is Told ‘Other Guy’ Referenced in Non-Testifying Codefendant’s Statement Is the Defendant, March 18, 2020. Trials.
- Georgia Supreme Court Overrules 50 Years of Jurisprudence and Announces Courts Are to Consider Cumulative Prejudice of Trial Court and Counsel Errors, March 18, 2020. Trials.
- Connecticut Supreme Court Clarifies Standard of Review for Confrontation Clause Claims; Reverses and Remands for a New Trial, March 18, 2020. Trials.
- New York Court of Appeals Reverses Conviction Where Trial Court Negotiated Cooperation Agreement with Codefendant, Feb. 18, 2020. Appeals, Trials.
- Hawai’i Supreme Court: Time Spent in Arizona Prison Counts Toward Speedy Trial Rule in Hawai’i, Feb. 18, 2020. Trials.
- Washington Supreme Court Announces Rules for Trial Courts When Implicit Racial Bias Alleged in Jury Decision, Jan. 21, 2020. Racial Discrimination, Trials.
- Nevada Supreme Court: Trial Court Must Give Manslaughter Instruction Even When Evidence Is Circumstantial, Dec. 18, 2019. Trials.
- Harmless Error: Explained, Dec. 17, 2019. Trials.