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After Mississippi Supreme Court Announcement, Courts Unprepared to Ensure Poor Defendants Have a Lawyer Throughout the Criminal Process
by Jo Ellen Nott
The Mississippi Supreme Court mandated on April 13, 2023, that poor criminal defendants must have an attorney throughout the entire criminal process. In re Miss. Rules of Crim. Procedure, 2023 Miss. LEXIS 103 (2023). The state high court made this decision to eliminate the “dead zone” ...
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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 Jo Ellen Nott:
- University of New Hampshire Designs a Simpler, Cost-Effective Test to Identify Touch DNA, June 15, 2024
- Junk Science Convicted an Innocent Sailor, DNA Exonerated Him Decades Later with the Help of the Innocence Project, June 15, 2024
- New Research on Predictive Models for Pediatric Head Injuries, June 15, 2024
- Landmark Drug Possession Reform Based on Unproven Allegations Reversed in Oregon, June 15, 2024
- Second Chances: California Clears Criminal Records, Including Violent Crimes, June 15, 2024
- California AB 2773 Requires Police to State Reason for Traffic Stops Before Questioning, May 15, 2024
- FBI Visit to Oklahoma Woman in Response to Social Media Post Sparks Debate on Free Speech, May 15, 2024
- New Data From BOP Reveals Technical Violations Account for Nearly a Third of First Step Act Recidivism, May 15, 2024
- “Sisters-In-Law” of Brazilian Prisoners Going Viral on TikTok, April 26, 2024
- Lawsuit By California Youth Alliance Prompts County Probation Chiefs to Dissolve Secretive Nonprofit, April 26, 2024
More from these topics:
- Indiana Supreme Court Clarifies Framework for Determining When Courts May Apply Cash Bail to Public-Defender Costs and to Fines, Costs, and Fees, June 15, 2024. Appointment of Counsel, Costs, Restitution, Bail Bonds.
- U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence, Jan. 15, 2024. AEDPA, Procedural Default/Error, Proving Cause, Capital Cases, Procedural Error, Effective Assistance of Counsel, Counsel - Right to, Counsel - Effective Assistance of, Strickland Standard, Per se ineffectiveness, Right to Counsel.
- Nevada Prisoner Wins Injunction Requiring DOC to Provide Exercise Despite Guard Shortage, Jan. 1, 2024. Staffing, Exercise, Appointment of Counsel, Injunctions (PLRA), Preliminary Injunctions/TRO's, Class Actions, Right to Exercise.
- Eighth Circuit: Defendant Facing Revocation of Supervised Release Did Not Knowingly and Voluntarily Waive Right to Counsel Where Appointed Counsel Admittedly Knew Nothing About Case and Advised Choosing Between ‘Big House or the Nut House’, April 15, 2023. Appointment of Counsel, Mental Health, Knowingly and Intelligently, Counsel - Right to.
- New Jersey Supreme Court: Allowing Jury to Hear Defendant’s Invocation of Right to Counsel in Recorded Statement Together With Prosecutor Inferring Guilt Based on Request for Counsel Entitles Defendant to New Trial, March 15, 2023. Jury Instructions, New Trial Motions, Counsel - Right to, Perjury/Perjured Testimony.
- Colorado Supreme Court Announces Courts Not Required to Address All 11 Brown Factors in Ruling on Defendant’s Motion for Continuance to Change Counsel, Aug. 15, 2022. Appointment of Counsel, Ends of Justice Continuances, Counsel - Effective Assistance of.
- Colorado Supreme Court Announces Parents’ Income That’s Unavailable to Defendant Who Lives With Them Expense-Free Not Included in Indigency Determination for Court-Appointed Counsel, May 1, 2022. Appointment of Counsel, Indigent Defendants - Fees and Expenses.
- Third Circuit Rules Pennsylvania Courts’ Application of Federal Law Objectively Unreasonable, Overturns Conviction and Death Sentence, Grants Habeas Relief, Jan. 15, 2022. Death Penalty/Death Row, Counsel - Right to.
- Study Shows Public Defenders Outperform Court Appointed Private Attorneys, Oct. 15, 2021. Appointment of Counsel, Public Defenders.
- Kentucky Supreme Court: Criminal Defendant Has Right to Independent Counsel During In-Chambers Hearing on Fitness of Defense Counsel, Dec. 15, 2020. Counsel - Right to, Competency Hearing.