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Sixth Circuit: Grant of Habeas on Grounds that State Trial Court Violated Defendant’s Right to Present a Complete Defense
by Douglas Ankney
The U.S. Court of Appeals for the Sixth Circuit affirmed a district court’s conditional grant of a petition for writ of habeas corpus on grounds that the state court violated the petitioner’s right to present a complete defense when it excluded two exculpatory statements.
When Parish Hickman ...
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More from this issue:
- News in Brief
- Oklahoma: Cocaine Bust Was Really Only Powdered Milk, by Edward Lyon
- Freedom or Restitution for the Wrongfully Convicted, by Jayson Hawkins
- Eighth Circuit: Defendant Who Pleaded Guilty to State Felonies Didn’t Know He Couldn’t Possess Firearms Prior to Sentencing Because He Didn’t Know He Had Been Convicted, by Anthony Accurso
- Sheriff Ackal’s Corruption Continues to Plague Louisiana Parish, by Douglas Ankney
- Court Rulings Condemning Cash Bail Systems Increasing, by Edward Lyon
- In Case of First Impression, Fourth Circuit Holds First Step Act Applies to Those Serving Supervised Release Revocation Sentences, by Dale Chappell
- First Circuit Vacates Conviction Because Sister had Neither Actual nor Apparent Authority to Consent to Search of Brother’s Bags, by Douglas Ankney
- South Carolina Supreme Court Grants New Trial Due to Prosecutor’s Prejudicial Closing Remarks, by Douglas Ankney
- 3d Circuit: Counsel’s Failure to Investigate Drug Properties for Analogous Drug Comparison at Sentencing Constitutes Ineffective Assistance, by Douglas Ankney
- Fourth Circuit Clarifies How to Bring a First Step Act Motion Applying the Fair Sentencing Act, by Dale Chappell
- New York Court of Appeals: Police Officers May be Cross-Examined About Acts of Dishonesty Like Any Other Witness, by Douglas Ankney
- Georgia Supreme Court Clarifies What a Defendant Must ‘Admit’ Before Raising an Affirmative Defense, by Douglas Ankney
- Colorado Supreme Court Reverses Conviction Because Trial Court Failed to Give No-Adverse-Inference Jury Instruction for Choosing Not to Testify, by Douglas Ankney
- Fifth Circuit Holds Davis Retroactive, Conspiracy Cannot Support 924(c) Convictions, by Dale Chappell
- Book Review: The Habeas Citebook: Prosecutorial Misconduct Is an Invaluable Resource for Challenging Prosecutorial Misconduct, by Dale Chappell
- Idaho Supreme Court: Where Police Were Unaware of Probationer’s Fourth Amendment Waiver Until After Unreasonable Search, Waiver Won’t Make Search Reasonable, by Douglas Ankney
- Illinois Supreme Court: Statute Banning All Sex Offenders on Probation From Accessing or Using Social Networking Websites Facially Unconstitutional, by Douglas Ankney
- Second Circuit Affirms District Court’s Decision Setting Aside Guilty Verdict in a Case of Irreconcilably Inconsistent Verdicts, by Douglas Ankney
- Sixth Circuit: Grant of Habeas on Grounds that State Trial Court Violated Defendant’s Right to Present a Complete Defense, by Douglas Ankney
- Oregon Supreme Court: Conviction for Interfering with Police Requires Lawful Order, by Mark Wilson
- Montana Supreme Court Holds Automatic 35% Drug Fine Facially Unconstitutional, by Dale Chappell
- Alaska Police Department Run by Former Convicts, by Kevin Bliss
- Washington Supreme Court Affirms Warrantless Search of CSLI Data but Holds Convictions for Both First-degree Rape and Felony Murder Predicated on Rape Violate Double Jeopardy, by Douglas Ankney
- Hundreds of Dishonest Cops Called as Witnesses, by Jayson Hawkins
- 11th Circuit: General Threat of Harm Inherent in Every Bank Robbery Doesn’t Qualify for ‘Threat-of-Death’ Enhancement, by Douglas Ankney
- Which Makes Us Safer? Residency Restrictions or Enhanced Rehabilitation for Former Sexual Offenders?, by Sandy Rozek
- New York Criminal Record-Sealing Program Revisited, by Edward Lyon
- In Case of First Impression, Pennsylvania Supreme Court Holds Compelling Suspect to Disclose Computer Password Is Testimonial in Nature and Violates Fifth Amendment’s Privilege Against Self Incrimination, by Douglas Ankney
- Thousands of Convictions Questioned; Prisoners Released Show Why Law Enforcement Technology Must Be Tested by Third Parties, by Dale Chappell
- Washington Supreme Court Announces Rules for Trial Courts When Implicit Racial Bias Alleged in Jury Decision, by Douglas Ankney
- To Compute, or Not to Compute: Algorithm-Driven AI in the Criminal Justice System, by Edward Lyon
- Ninth Circuit Holds Evidence from Martinez Hearing Can Be Considered in Granting Habeas Relief, Despite Bar Against Evidentiary Hearings on Facts Not Raised Below, by Dale Chappell
- Indiana Supreme Court Announces Analytical Framework When Determining Whether Punitive In Rem Forfeiture Violates Excessive Fines Clause, by Douglas Ankney
- Hundreds of Cop Shootings Yearly in Arizona, by Edward Lyon
- Federal District Court Grants § 2255 Motion, Finds IAC for Failure to Object to Government’s ‘Misstatement of Law’ During Trial, by Dale Chappell
- California Supreme Court Overturns Its Warrantless Identification Search Precedent, by Dale Chappell
- First Circuit: Application of Subsequent Guidelines Manual to a Prior, Ungrouped Offense Violates Ex Post Facto Clause, by Douglas Ankney
- Nullify Government Tyranny: In 2020, Harness the Power of Your Discontent, by John W. Whitehead
- Oregon Parole Board Must Explain Reason for Extended Parole Postponement Period, by Mark Wilson
- California Supreme Court Holds Confidential Personnel Information of Officers on Internal ‘Brady List’ Can Be Disclosed to Prosecutors, by Dale Chappell
- From the Editor, by Richard Resch
- Why Are Cops Around the World Using This Outlandish Mind-Reading Tool?, by Christian Sheckler, Ken Armstrong
More from Douglas Ankney:
- Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them, May 15, 2024
- Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes, May 15, 2024
- Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means, May 15, 2024
- California Supreme Court: Jury’s Finding of Intent to Kill for Gang Enhancement, Standing Alone, Insufficient to Find Prisoner Failed to State a Prima Facie Case in § 1172.6 Petition for Resentencing on First-Degree Murder Conviction, May 15, 2024
- Non-Toxic Fluorescent Spray Reveals Fingerprints in Seconds, May 15, 2024
- New York Court of Appeals: SORA Designation Violates Defendant’s Due Process Rights Where Crime Involved No Sexual Contact or Motivation and Defendant Was Not a Sex Offender and Posed No Risk of Sexual Threat, May 15, 2024
- Massachusetts Supreme Judicial Court Announces Defendants Under Age 21 Ineligible for LWOP Sentences, May 15, 2024
- New Jersey Supreme Court Announces Extension of Eyewitness Identification Safeguards of Henderson to Pretrial Preparation Sessions and Provides Framework for Showing Photos During Pretrial Phase, May 15, 2024
- Sixth Circuit Announces Untimely Notice of Appeal That Provides Reason for Tardiness May Be Construed as Motion to Reopen, May 15, 2024
- $175,000 Awarded to Former California Detainee Whose Suit Prompted DOJ Investigation and Settlement Requiring Structural Changes at Jail, April 26, 2024
More from these topics:
- Retraction: ‘Federal Habeas Corpus: The Savings Clause Remedy for Federal Prisoners’ by Dale Chappell, May 15, 2024. Habeas Corpus, AEDPA.
- The Death of the Savings Clause, May 15, 2024. Habeas Corpus, AEDPA.
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024. Resources, Habeas Corpus, AEDPA.
- Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel, March 15, 2024. Habeas Corpus, AEDPA, Sentence and Judgement, Failure to Consult/Investigate/Raise.
- Oregon Supreme Court Announces ‘Escape Clause’ of Postconviction Relief Statute’s SOL Applies to Severe Mental Impairments During Limitations Period, March 15, 2024. Habeas Corpus, Involuntary Treatment/Drugging, Civil Commitment, Tolling of Statutes of Limitations and Laches.
- Virginia Prisoner Wins Habeas Release on Ineffective Assistance of Counsel Claim, Oct. 15, 2023. Release and Reentry, Habeas Corpus, Ineffective Assistance of Counsel.
- Fourth Circuit Reverses Dismissal of Habeas Petition Where District Court Failed to Review Magistrate’s Report De Novo After Characterizing Petitioner’s Objections as ‘Attempt to Reargue Case’, Oct. 1, 2023. Magistrates, Habeas Corpus, De Novo Resentencing.
- Unyielding Pursuit of Justice or Unfulfilled Promises: Doubts Surround California Habeas Attorney, Sept. 15, 2023. Habeas Corpus, Seizure of Prisoner Funds, Per se ineffectiveness.
- SCOTUS Overrules Arizona Supreme Court, Allows Death Row Prisoner to Proceed With State Habeas Action, Aug. 15, 2023. Habeas Corpus, Death Penalty/Death Row.
- Seventh Circuit: Postconviction Relief Petition Still Pending in Illinois Court 20 Years After Filing Entitles Petitioner to Seek Federal Habeas Relief Without First Exhausting State Remedies, Aug. 1, 2023. Habeas Corpus, Exhaustion of Remedies, Grounds for Relief.
