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Washington Supreme Court Announces Prohibition Against Use of ‘In-Court Holding Cell’ for Court Proceedings Without Individualized Determination of Need
by Sam Rutherford
The Supreme Court of Washington prohibited trial courts from placing defendants in what it described as an “in-court holding cell” without first conducting an individualized, on-the-record hearing to determine the necessity of its use, explaining that routine use of this cell—which is essentially a cage in the ...
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More from this issue:
- Forensic Genetic Genealogy: Police Are Searching Genetic Genealogy Companies’ Databases Regardless of Whether They Have Permission, by Ann Foster, Matthew Clarke
- Montana Supreme Court: Expert Witness Testimony Presented Via Two-Way Video Conferencing Technology Violates Confrontation Clause, by Sam Rutherford
- Indigent Defense: Appointed Counsel Does Not Mean Free Counsel, by David Reutter
- Parole Rate Plummets in South Carolina, by Matthew Clarke
- Washington Supreme Court Announces Prohibition Against Use of ‘In-Court Holding Cell’ for Court Proceedings Without Individualized Determination of Need, by Sam Rutherford
- False Confessions and Wrongful Convictions: Known Causes and Steps to Eliminate Them, by Douglas Ankney
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, by Dale Chappell
- Texas Court of Criminal Appeals Announces Prosecution’s Duty to Provide Discoverable Evidence Upon Request Applies to Discoverable Items in Law Enforcement Agencies’ Possession Unbeknownst to Prosecution and Exclusion Is Appropriate Remedy for Violation, by Sam Rutherford
- Second Circuit Holds Full De Novo Resentencing Hearing Required Based on Partially Successful Habeas Petition Where Resentencing Judge Not Original Judge and Changed Circumstances Plausibly Alleged, by Sam Rutherford
- Michigan Supreme Court: Fundamentally Unfair to Deny Indigent Defendant Funds to Retain False Confession Expert Where Genuineness of Confession Key Issue at Trial, by Sam Rutherford
- Ninth Circuit Grants Habeas Relief to California Prisoner on Napue Claim Because Prosecution Failed to Correct Informant’s False Testimony That He Did Not Receive Any Benefit In Exchange for His Testimony, by Sam Rutherford
- Nevada Supreme Court Announces Incorporated Probable Cause Affidavit Cannot Broaden Scope of Warrant’s Description of Places and Persons to be Searched or Items to Be Seized, by Anthony Accurso
- Wrongfully Convicted Actor Exonerated After 24 Years in Prison
- Missouri Man Awarded Record $38 Million After Insurance Company Refuses to Pay Wrongful Conviction Settlement, by Sam Rutherford
- California Supreme Court Announces Uncharged and Unproven Offense-Specific Enhancements May Not Be Imposed Under § 1172.6(e) Resentencing, by Sam Rutherford
- Arkansas Supreme Court Announces Petition for Testing Forensic Evidence Based on Advances in Technology Under Act 1780 of 2001 May Be Filed by Anyone Convicted of a Crime, Not Just Those Still in State Custody, by Anthony Accurso
- Rhode Island Supreme Court: Officer Lacked Reasonable Suspicion for Terry Stop Based on Unsubstantiated, Anonymous Tip, by Sam Rutherford
- Third Circuit: Despite ‘Expressly and Repeatedly’ Requesting Low-End Sentence, Government Breached Plea Agreement by Emphasizing ‘Heinous’ Nature of Offense and Presenting Victim-Impact Evidence at Sentencing Thereby Undermining Recommendation, by Sam Rutherford
- Indiana Supreme Court: Defendant Entitled to Discharge by Showing No Court ‘Congestion’ After Trial Court’s Unexplained Denial of Speedy Trial Motion, by Sam Rutherford
- Mississippi Supreme Court: Defendant’s Guilty Plea Not Knowing and Voluntary Because He Was Not Informed of His Habitual Offender Status, by Sam Rutherford
- Washington Supreme Court: Judgment and Sentence Facially Invalid Based on Miscalculated Offender Score Despite Defendant’s Stipulation to Exceptional Sentence, by Sam Rutherford
- Cell-Site Simulator Proposal: A Glimpse Inside the Black Box Whose Secrets Are Protected by NDAs and Obfuscation, by Michael Thompson
- Chula Vista’s Police Drones, by Michael Thompson
- News In Brief
More from Sam Rutherford:
- Ninth and Tenth Circuits Find Bivens Extension Orders Not Immediately Appealable, March 1, 2025
- New Mexico Corrections Department Continues Pattern of Abuse With Contract Medical Provider Wexford Health Sources, Feb. 15, 2025
- Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments, Feb. 15, 2025
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025
- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, Feb. 15, 2025
- Washington DOC Physician Assistant Surrenders Medical License in Wake of Malpractice Allegations, Feb. 15, 2025
- California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, Feb. 15, 2025
- Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction, Feb. 15, 2025
- California Court of Appeal Announces Equal Protection Entitles Youth Offenders Convicted of Special Circumstances Murder Predicated on Robbery or Burglary to Franklin and Parole Hearings Under Cal. Penal Code § 3051, Feb. 15, 2025
- Law Enforcement Obscures Use of Facial Recognition Technology, Feb. 15, 2025
More from these topics:
- Texas Court of Criminal Appeals: Presumption of Innocence Not Violated by Jail Courtroom, Feb. 15, 2025. Publicity - Prejudicial, Prejudice - Potential for Undue.
- Sixth Circuit Vacates Firearms Possession Conviction; Government Showed Jury Unauthenticated Prejudicial Facebook Video Not Admitted as Evidence, June 15, 2020. Publicity - Prejudicial, Possession or Use of Firearms, Social Media.
- U.S. v. Elfgeeh, No. 06-0638-cr (2nd Cir.) (515 F.3d 100) (February 14, 2008) (Judge Amalya Lyle Kearse), Jan. 1, 2008. Punch And Jurists, Publicity - Prejudicial.
- U.S. v. Honken, No. CR 01-3047-MWB (N.D.Iowa) (378 F.Supp.2d 1010) (July 21, 2005) (Judge Mark W. Bennett), Sept. 1, 2005. Punch And Jurists, Restraint of Defendant.
- Gonzalez v. Pliler, No. 02-55640 (9th Cir.) (341 F.3d 897) (August 26, 2003) (Judge Sidney R. Thomas), Aug. 1, 2003. Punch And Jurists, Restraint of Defendant.
- U.S. v. Durham, No. 3:99CR3/RV (N.D.Fla.) (219 F.Supp.2d 1234) (August 29, 2002) (Judge Roger Vinson), Nov. 1, 2002. Punch And Jurists, Restraint of Defendant.
- U.S. v. Durham, No. 00-12276 (11th Cir.) (287 F.3d 1297) (April 4, 2002) (Judge Charles R. Wilson), March 1, 2002. Punch And Jurists, Restraint of Defendant.
- Hawkins v. Comparet-Cassani, No. 99-55187 (9th Cir.) (251 F.3d 1230) (May 30, 2001) (Judge James R. Browning), July 1, 2001. Punch And Jurists, Restraint of Defendant.
- Rideau v. Louisiana, No. 630 (U.S. Supreme Court) (373 U.S. 723; 83 S.Ct. 1417) (June 3, 2063) (Justice Stewart), March 10, 2001. Punch And Jurists, Publicity - Prejudicial.
- Murphy v. Florida, No. 74-5116 (U.S. Supreme Court) (421 U.S. 794; 95 S.Ct. 2031) (June 16, 1975) (Justice Marshall), Oct. 7, 2000. Punch And Jurists, Publicity - Prejudicial.
