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North Dakota Supreme Court Reinstates Postconviction Relief Application Dismissed Without Notice of Motion for Summary Disposition
by Matt Clarke
The Supreme Court of North Dakota held that a district court erred when it dismissed a prisoner’s application for postconviction relief after the State filed its answer “but was not put on notice that the State had effectively motioned for summary disposition” of the ...
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More from this issue:
- News in Brief
- Another Life Ruined as a Result of a Bad Cop and Failure to Follow Policy, by Douglas Ankney
- Stop Peeking Inside the Black Box
- Over a Year After Cook County Bail Reform, Jails Are Still Full, by Dale Chappell
- $250,000 Awarded to Woman Who Spent 96 Days in Jail, by Douglas Ankney
- Getting Rid of the ‘X’, by Jayson Hawkins
- FBI Using Private Ancestry Databases to Zero in on Suspects, by Edward Lyon
- Misconduct Suits Against New York City Police Department on the Rise, by Douglas Ankney
- Study: Technology Creates and Embeds Bias in the Criminal Justice System, by Douglas Ankney
- Modern Forensics Findings Not Always 100 Percent Reliable, by Edward Lyon
- Police Want Unfettered Access to Consumer DNA Databases, by Kevin Bliss
- Court’s in Session: The Honorable Algorithm Presiding, by Douglas Ankney
- Prosecutors Use Blacklists to Keep Dishonest Officers out of the Courtroom, by Kevin Bliss
- Taking Pictures in the Dark: Florida Police Not Forthcoming About Investigations Using Facial Recognition Software, by Douglas Ankney
- Killer Cops and Vilified Victims, by Jayson Hawkins
- Ohio Mayor’s Courts Are Huge Sources of Unjust Revenues, by Edward Lyon
- In a Rare Move, California Court of Appeal Discharges Prisoner from All Forms of Custody, Including Parole, After Finding Time Served in Prison Grossly Disproportionate to His Offense, by Douglas Ankney
- Fourth Circuit Tosses Evidence Discovered by Illegal GPS Tracker, by Dale Chappell
- Hawai’i Supreme Court: Cumulative Effect of Multiple Instances of Prosecutorial Misconduct Requires Reversal, by Douglas Ankney
- D.C. Circuit Holds Expert’s False Testimony ‘Material,’ Allowing Challenge to Four-Decade-Old Murder Conviction, by Dale Chappell
- Ninth Circuit Rules Robbery Committed Alone by Gang Member Not Enough for California Gang Enhancement, Despite Testimony of Gang Expert, by Dale Chappell
- Fourth Circuit Rules Assault on Government Official Under North Carolina Statute Not a ‘Crime of Violence’, by Chad Marks
- Eighth Circuit: Forfeited Claim of Miscalculated Criminal History Score Is Reviewable Under Plain Error Standard, by Douglas Ankney
- Violence in the House: Studies Find Cops’ Families Live Dangerous Lives, by Edward Lyon
- Ohio Supreme Court: Plea Defendant Must Be Informed of Maximum Penalty for Postrelease-Control Violation Prior to Pleading Guilty to a New Felony, by David Reutter
- Police Avoid Negative Publicity by Routinely Withholding Body-Cam Footage, by Kevin Bliss
- Indiana Supreme Court: IAC Where Lawyer Marks ‘Not Applicable’ to Immigration Consequences Warning on Court’s Advisement Form Without Knowing Client’s Immigration Status, by David Reutter
- Hawai’i Supreme Court Announces New Rule Requiring Tachibana Colloquy in All Trials, by Douglas Ankney
- Kansas Supreme Court: Correcting Illegal Sentence After Fully Served Violates Prohibition Against Double Jeopardy, by Matthew Clarke
- Missouri Supreme Court Issues Writ of Prohibition Prohibiting Circuit Court From Revoking Probation After Probation Term Had Already Expired, by Douglas Ankney
- Forced Self-Incrimination, by Larry N.
- Second Circuit Holds Government’s Misleading Disclosure of Inculpatory Statement Requires New Trial, by Dale Chappell
- Prosecutorial Power Used Too Often to Stop Prisoners From Getting Second Chance at Life, by Chad Marks
- 11th Circuit Holds Conviction Under Georgia’s Aggravated Assault Statute Is Not a ‘Crime of Violence’ When Based Upon a Mens Rea of Recklessness, by Douglas Ankney
- Attempted Felony-Murder Is Not a Cognizable Crime in West Virginia, by Douglas Ankney
- Arkansas Supreme Court Rules Justification Defense Available When Charged With Manslaughter, by David Reutter
- Washington Supreme Court Rules Attenuation Doctrine Inapplicable Where Police Illegally Seize Person Followed by Ferrier Warnings and Consent to Search, Evidence Must Be Suppressed, by Douglas Ankney
- Fifth Circuit Rules Evidence of Counsel’s Dual Representation of Defendant and Codefendant Results in Possible Actual Conflict of Interest Requires Evidentiary Hearing, by Dale Chappell
- North Dakota Supreme Court Reinstates Postconviction Relief Application Dismissed Without Notice of Motion for Summary Disposition, by Matthew Clarke
- Oregon Supreme Court: State Constitution Requires Warrant to Specify When Internet Searches Occurred, by Mark Wilson
- Maryland Court of Appeals Holds Valid Prescription Constitutes ‘Verbal Act’ Thus Not Barred From Evidence as Hearsay When Basis for Statutory Defense, by Dale Chappell
- Second Circuit Rules District Court Improperly Denied Coram Nobis Petition Claiming Ineffective Assistance of Counsel, by Douglas Ankney
- Massachusetts Supreme Judicial Court Announces in Case of First Impression That Police Causing Cellphone to Reveal Its Real Time Location Is a Search Under State Constitution, by Douglas Ankney
- Eighth Circuit Finds Child Porn Sentence ‘Substantively Unreasonable’, by Dale Chappell
- Fourth Circuit Rules Government Breached Plea Agreement When It Failed to Honor Its Drug Conduct Stipulation at Sentencing, by Chad Marks
- Compelled Decryption Primer, by National Association of Criminal Defense Lawyers Fourth Amendment Center
- Illinois Enacts Youthful Parole for Some, by Clifford Powers
- Judge Weinstein Holds that an Appeal Waiver Provision in a Plea Agreement that Seeks a Waiver of All Collateral Rights Is Impermissible Under the Constitution Unless it Specifically Enumerates All Exceptions Required by Law So that a Defendant Has Notice, by Punch & Jurists
- Ninth Circuit: Washington State Accomplice Liability Drug Offenses Not ACCA Predicates, by Mark Wilson
- Locking Up Drug ‘Dealers’ to Save Users Doesn’t Make Anyone Safer, by Alyssa Stryker
- Jury Takes Just 9 Minutes to Find Man Who Blared ‘F--k tha Police’ Toward Cops Not Guilty, by Dale Chappell
- Policing for Profit: Justice Reformers Chip Away at Civil Asset Forfeiture, by Noreen Marcus
More from Matthew Clarke:
- DOJ Finds “Horrific and Inhumane” Conditions in Georgia Prisons, March 1, 2025
- Sixth Circuit Upholds $6.4 Million Jury Award Against Corizon Nurses For Michigan Jail Prisoner’s Fatal Alcohol Withdrawal, March 1, 2025
- En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment, March 1, 2025
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025
- Legal Gaffe Prolongs Case of Former St. Louis Detainee Held Eight Months After Dismissal of Charges, Feb. 15, 2025
- Among World Nations, Individual U.S. States Near Top of List for Per Capita Incarceration, Feb. 15, 2025
- DOJ Settles Complaints About Conditions for Disabled Detroit Jail Detainees, Feb. 15, 2025
- New York Prison Officials Found Routinely Violating HALT Act With Overuse of Solitary Confinement, Feb. 15, 2025
- Historic $7 Million Settlement in Lawsuit Over Michigan Jail Prisoner’s Fatal Beating, Feb. 15, 2025
- Suits Filed Over Dehydration Deaths at Two Texas Jails, Jan. 15, 2025
More from these topics:
- Long Wait List for Texas’ Only College-Level Re-Entry Class for Prisoners, Feb. 15, 2025. Education, Post-release, ex-offender, re-entry, jobs.
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025. Videotaping, Guard Brutality/Beatings, Restraints, Summary Judgment, Physical Injury/Restraint.
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025. Informants, Clothing, Sanitation, Summary Judgment, Deliberate Indifference.
- Seventh Circuit Offers Wisconsin Prisoner Just a Little Help in Suit Alleging He Was Held in Feces-Stained Cell Without Water, Feb. 15, 2025. Sewage, Water, Sanitation, Summary Judgment.
- BOP Prisoners in Alabama Strike to Protest Release Date Confusion, Jan. 15, 2025. Prison Rebellion, Post-release, ex-offender, re-entry, Bureau of Prisons (BOP), Credits.
- Washington Prisoners Prep for Firefighting Career After Release, Jan. 15, 2025. Prison Labor, Education, Post-release, ex-offender, re-entry, jobs, Emergency Aid Doctrine.
- Kentucky’s Failure to Timely Release Prisoners Costs Taxpayers $30 Million (So Far), Dec. 15, 2024. Cost of Prison Systems, Overdetention, Post-release, ex-offender, re-entry.
- New York Court of Appeals (Lightly) Slaps State Prison Officials for Holding Sex Offenders Past Release, Dec. 15, 2024. Jail Misconduct, Overdetention, Post-release, ex-offender, re-entry.
- Federal Prisoner Will Appear on Alaska Congressional Ballot, Oct. 15, 2024. Post-release, ex-offender, re-entry.
- TDCJ Denied Summary Judgment In Suit by Prisoner Who Missed Grievance Deadline Because Guard’s Assault Left Him In a Coma, Sept. 15, 2024. Staff-Prisoner Assault, Guard Brutality/Beatings, Summary Judgment.