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SCOTUS: Arizona Supreme Court’s Interpretation of State Procedural Rule so ‘Novel and Unforeseeable’ It’s Not ‘Adequate’ to Preclude SCOTUS Review of Federal Death-Penalty Claim
by Richard Resch
In a 5-4 decision written by Justice Sotomayor, the Supreme Court of the United States held that the Arizona Supreme Court’s holding that Lynch v. Arizona, 578 U.S. 613 (2016), was not a “significant change in the law” is one of those rare cases in which ...
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More from this issue:
- After Years of Hard Work and Dedication, Adnan Syed Is Freed by Serendipity, by Jayson Hawkins
- The Power of the Prosecutor in America: Abuse, Misconduct, Unaccountability, and Miscarriages of Justice, by Casey Bastian
- Massachusetts Supreme Court: Probationer’s Due Process Right to Present a Defense Violated Where Denied Opportunity to Call Complainant Who Alleged Sexual Assault as a Witness During Probation Revocation Hearing, by Harold Hempstead
- Fourth Circuit: Immigration Judge’s Failure to Inform Noncitizen of Right to Appeal Deportation Order Was Prejudicial and Invalidated Later Indictment for Illegal Reentry, by Jacob Barrett
- Wyoming Supreme Court Rules Officer’s Conduct Prior to Traffic Stop for Traffic Violation Rendered Stop Unreasonable, by Anthony Accurso
- Eighth Circuit Announces ‘Probable Cause’ Is Proper Standard for Determining Whether Parolee Resides at Third-Party’s Residence for Purposes of Warrantless Searches, by Anthony Accurso
- Minnesota Supreme Court Announces Plain Language of Interference With Privacy of a Minor Statute Requires That Defendant Must Have Known Victim Was Under 18 at Time of Offense, by Jacob Barrett
- 360 Degree Surveillance: How Police Use Public-Private Partnerships to Spy on Americans, by John W. Whitehead, Nisha Whitehead
- Texas Court of Criminal Appeals: Adding Felony Counts by Amending Indictment Constitutes Addition of More Offenses, by Douglas Ankney
- California Court of Appeal Holds Phrase ‘From Date of Parole’ Refers to the Start Date of Parole and the Federal Fair Credit Reporting Act Does Not Preempt the California Investigative Consumer Reporting Agencies Act, by Douglas Ankney
- The Mounting Geofencing Threat, by Michael Thompson
- Maryland Court of Appeals: ‘No Objection’ to Introduction of Evidence at Trial That Was the Subject of Denied Motion to Suppress Does Not Waive Right to Appellate Review of Denial, by Harold Hempstead
- Sixth Circuit: Plain View Doctrine Does Not Apply Where Items Inside Vehicle Were Not Immediately and Apparently Incriminating When Viewed by Police Positioned Outside Vehicle, by Anthony Accurso
- 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, by Jacob Barrett
- Sensitive Information in Police Database Vulnerable to Hacking, by Kevin Bliss
- SCOTUS: Arizona Supreme Court’s Interpretation of State Procedural Rule so ‘Novel and Unforeseeable’ It’s Not ‘Adequate’ to Preclude SCOTUS Review of Federal Death-Penalty Claim, by Richard Resch
- Pennsylvania Supreme Court: Exigent Circumstances Exception Does Not Justify Police’s Warrantless Seizure of Suspect’s Blood Sample by Hospital Staff, by Jacob Barrett
- New Jersey Supreme Court Announces Adoption of Daubert-Type Standard for Criminal and Quasi-Criminal Cases in Assessing Admissibility of Expert Evidence Under Rule 702, by Richard Resch
- An Argument Without Teeth: The Flawed Science of Bite Mark Analysis, by Eike Blohm, MD
- Survivors of Police Shootings Face Daunting Legal, Emotional, and Physical Challenges, by Eike Blohm, MD
- Accused War Criminals Training Cops: What Could Go Wrong?, by Jayson Hawkins
- Time to Find the Key, by Jayson Hawkins
- Study Finds DNA Similarities Among Look-alikes, by Eike Blohm, MD
- Pro-Police Propaganda Dominates the Mainstream Media After Police Abuse and Failure, by Benjamin Tschirhart
- Investigation Delays Let Cops Kill Again, by Jayson Hawkins
- $100 Million Awarded in Federal Grant Money for Recidivism Reduction, by Kevin Bliss
- California Town Pushes Homeless Into the Desert, by Jayson Hawkins
- Law Enforcement Accesses Commercial DNA Databases Without Warrant, by Eike Blohm, MD
- Automatic Speaker-Identification System Performs Better Than Humans, by Michael Thompson
- Corporations Voice Support for Black and Brown People as They Found Cop City, by Carlo Difundo
- TSA Using Facial Recognition at Airports in Pilot Program, by Anthony Accurso
- DNA-Based Computer-Generated Mugshots Put Entire Community on Wanted List, by Eike Blohm, MD
- News in Brief
- Law Enforcement and Mad Men, by Douglas Ankney
More from Richard Resch:
- From the Editor, Dec. 15, 2024
- New York Court of Appeals Overturns Harvey Weinstein’s Convictions Based on Trial Court Rulings That Admitted Prejudicial ‘Prior Bad Acts’ Into Evidence and Violated His Right to Testify in His Own Defense, June 15, 2024
- SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment, May 15, 2024
- Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made, March 15, 2024
- New York Court of Appeals Announces Traffic Stop of Bicyclist Is Seizure Under Both Fourth Amendment and State Constitution Requiring Reasonable Suspicion of Crime or Probable Cause of Traffic Violation, March 15, 2024
- First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand, Jan. 15, 2024
- 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, Dec. 15, 2023
- Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge, Dec. 15, 2023
- Colorado Supreme Court Announces ‘Self-Serving Hearsay’ Statements Introduced Under Rule of Completeness Not Hearsay and Do Not Render Defendant Impeachable, Nov. 1, 2023
- New York Court of Appeals Suppresses Evidence Because Police Lacked Reasonable Suspicion Necessary for Level 3 Stop and Frisk Under De Bour Framework, Oct. 1, 2023
More from these topics:
- Kansas Supreme Court Announces Complete and Wrongful Denial of Defendant’s Constitutional Right to Testify Constitutes ‘Structural Error’ and Reverses Convictions Where Defendant Removed From Stand and Entire Testimony Stricken, Oct. 1, 2024. Procedural Default/Error, Right to Testify, Right to Testify/Remain Silent.
- Intellectually Disabled Georgia Prisoner Executed After SCOTUS Denies Appeal, Aug. 15, 2024. Disabled Prisoners, Death Penalty, Appeals/Appellate Jurisdiction.
- Condemned Alabama Prisoner Challenges Execution by Nitrogen Hypoxia, Aug. 15, 2024. Death Penalty, Constitutional Challenges/Law, Lethal Injection Method of Execution.
- 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.
- 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.
- Regarding Death Penalty, Biden’s Actions Don’t Align with His Mouth, May 1, 2024. Commentary/Reviews, Criminal Prosecution, Statistics/Trends, Death Penalty.