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Colorado’s Amendments to Post-Conviction DNA Testing Statute Allows Greater Number of Affected Persons to Seek Testing
Loaded on Nov. 1, 2023
by Douglas Ankney
published in Criminal Legal News
November, 2023, page 38
Filed under:
DNA Testing/Samples,
Actual Innocence/Claim of Innocence,
Innocence Protection Act.
Location:
Colorado.
by Douglas Ankney
On March 10, 2023, Governor Jared Polis signed House Bill 1034 (“HB 1034”) into law, opening the door to a greater number of people convicted of felonies to be eligible for DNA testing. Colorado’s previous law allowed only people who are actively incarcerated to receive DNA ...
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More from this issue:
- Your Car Is Spying on You, by Michael Thompson
- People of Maine at Forefront of Battle to Keep Government Security Apparatus in Check, by Douglas Ankney
- A Nation of Snitches: DHS Is Grooming Americans to Report on Each Other, by Nisha Whitehead, John W. Whitehead
- Montana Supreme Court: Retroactive Application of Montana’s Sex Offender Registration Law, as Amended Since 2007, Violates Ex Post Facto Clause of State Constitution, by Douglas Ankney
- Checking In With Community Supervision, by Anthony Accurso
- New Jersey Takes First Steps in Eliminating Public Defender Fees, by Jordan Arizmendi
- Ninth Circuit: Younger Abstention Doctrine Inapplicable Where Habeas Petitioner Seeks Stay While § 1172.6 Petition in State Court Being Litigated and Petitioner Entitled to Stay of Habeas Proceedings While State Petition Pending, by Douglas Ankney
- Advent of ‘Green’ Ammunition Prompts Forensic Science to Analyze Organic and Inorganic Gunshot Residue and Establish Benchmarks for CSI, by Jo Ellen Nott
- Colorado Supreme Court Announces ‘Self-Serving Hearsay’ Statements Introduced Under Rule of Completeness Not Hearsay and Do Not Render Defendant Impeachable, by Richard Resch
- Michigan Supreme Court Holds Guilty Plea Cannot Be ‘Voluntary and Knowing’ When Induced by Inaccurate Understanding of Minimum and Maximum Prison Sentence, by David Reutter
- Study Reveals Important Details About iPhone’s Building Level Registration Reliability, by Jo Ellen Nott
- California Supreme Court Clarifies Harmless-Error Analysis of Alternative-Theory Error, Reverses and Remands Where Court of Appeal Applied Incorrect Standard, by Douglas Ankney
- Ninth Circuit Explains Martinez ‘Cause’ and ‘Prejudice’ to Excuse Procedural Default in Federal Habeas Proceeding Where Claim of IAC in State Proceedings Was Procedurally Defaulted Due to Postconviction Counsel’s Failure to Timely Raise Claim, by Douglas Ankney
- 10th Circuit Reverses Guidelines Enhancement Because Possession of Ammo Does Not Facilitate Possession of a Firearm, by Anthony Accurso
- Study: ‘Inconclusive Finding’ by Examiner of Cartridge Casing Should Be Finding of ‘Excluded’ 85% of the Time, by Douglas Ankney
- Facial Recognition Software Gives Unreliable Results with Black Individuals and Leads to Unlawful Arrests, by Jo Ellen Nott
- ICE Employees Caught (Again) Misusing Access to Databases, by Jordan Arizmendi
- Fourth Circuit: Evidence Suppressed Where Officers Seized Defendant Without Reasonable Suspicion and Forced Him to Prove He Was Not Armed, by Anthony Accurso
- Electrocution by Taser Is Not Death From Excited Delirium, by Douglas Ankney
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- Sheep and Sheepdogs: Use and Abuse of Non-Lethal Crowd Control Weapons, by Benjamin Tschirhart
- Arizona Attorney General Settles Lawsuit, Agrees to Toss Unconstitutional Law Banning the Recording of Cops, by Jo Ellen Nott
- Fourth Circuit Vacates Denial of First Step Act Relief Where Record Unclear Whether District Court Considered All Nonfrivolous Arguments Raised by Defendant, by Douglas Ankney
- Sixth Circuit: Plain Error Where District Court Required Defendant at Resentencing to Admit Guilt in Order to Fully Consider Defendant’s Evidence of Rehabilitation, by Douglas Ankney
- Colorado’s Amendments to Post-Conviction DNA Testing Statute Allows Greater Number of Affected Persons to Seek Testing, by Douglas Ankney
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- News in Brief
More from Douglas Ankney:
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- 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:
- The FBI’s Rapidly Expanding DNA Database, April 15, 2024. DNA Testing/Samples, Databases, Police State-Surveillance.
- New York Court of Appeals Reverses Conviction Because Testifying Criminalist Not Shown to Have Requisite Involvement in DNA Testing Process and Provides Guidance to Avoid Future Sixth Amendment Confrontation Clause Violations, March 15, 2024. DNA Testing/Samples, Eyewitness Testimony, Crime Lab Reports.
- Steady Improvement in Techniques for the Analysis of Degraded DNA, Feb. 15, 2024. Commentary/Reviews, DNA Testing/Samples.
- Human DNA Retrieved From Dogs Might Provide Evidence, Jan. 15, 2024. Commentary/Reviews, DNA Testing/Samples, junk science, DNA Evidence.
- Use of Forensic Genetic Genealogy Searches to Identify Suspects Needs Regulation and Can Be Challenged, Dec. 15, 2023. Commentary/Reviews, DNA Testing/Samples, Warrants - General Search.
- New York Court Rules Police Allowed to Use Familial DNA Searches, Dec. 15, 2023. DNA Testing/Samples, DNA Evidence.
- Wrongfully Imprisoned for 26 Years, Chicago Brothers Sue Cop Who Framed Them, Dec. 1, 2023. Police Misconduct, Wrongful Imprisonment, Actual Innocence/Claim of Innocence, False Statements, Testimony or Documents.
- DNA Matches Dead Australian to Nebraska Prisoner Who Escaped 56 Years Ago, Nov. 15, 2023. DNA Testing/Samples, Escapes.
- Three’s a Crowd: Issues of DNA Mixture Analysis and Interpretation, Nov. 1, 2023. DNA Testing/Samples, junk science, DNA Evidence/Testing.
- Wrongly Imprisoned for Killing Oregon Prison Director, Frank Gable Finally Fully Freed, Oct. 15, 2023. Prison/Jail Murders, Wrongful Imprisonment, Actual Innocence/Claim of Innocence.