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Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence

Loaded on Jan. 15, 2024 by Douglas Ankney published in Criminal Legal News January, 2024, page 30
Filed under: AEDPA, Effective Assistance of Counsel, Counsel - Effective Assistance of, Strickland Standard, Identification Documents/Evidence, Failure to Consult/Investigate/Raise, Trial Strategy, Strickland v. Washington. Location: Louisiana.

by Douglas Ankney

The U.S. Court of Appeals for the Fifth Circuit affirmed the U.S. District Court for the Eastern District of Louisiana’s grant of habeas relief to a capital defendant where defense counsel failed to impeach the State’s pivotal witness with available forensic evidence.

Jarrell Neal, his half-brother Zannie ...

 

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More from this issue:

  1. Federal Sentencing Guidelines Undergo Substantial Amendments, by David Reutter
  2. California Court of Appeal: Probation Condition Prohibiting Possession of Pornography Impermissibly Vague, by Douglas Ankney
  3. FBI Access to FISA Database Includes Some Accountability, by Anthony Accurso
  4. DOJ Spending Over $6 Billion in Firms to Seize Innocent Citizens’ Property Via Civil Asset Forfeiture, by Douglas Ankney
  5. Indiana Supreme Court Suppresses All Evidence Related to Polygraph Exam for Examiner’s Failure to Disclose Unilater-ally Changing Exam Results From ‘Admissible’ to ‘Inadmissible’ Due to Defendant’s Mental State, by Anthony Accurso
  6. Survey: Why Defendants Cooperate with the Government in a Process Described as ‘Unfair’ by Defense Attorneys, by Douglas Ankney
  7. West Virginia University Forensic Scientists Provide a Benchmark for Analyzing Duct Tape Fracture Edges, by Jo Ellen Nott
  8. FBI Buys Software to Enslave Your Phone, by Michael Thompson
  9. The White House Goes Rogue: Secret Surveillance Program Breaks all the Rules, by Nisha Whitehead, John W. Whitehead
  10. House Judiciary Committee Investigates Major Banks for Unauthorized Sharing of Private Financial Information With the FBI, by Jo Ellen Nott
  11. Second Circuit: Money Concealment Guilty Plea Vacated for Lack of Evidence to Support Factual Finding of Required Mens Rea, by David Reutter
  12. Oregon Supreme Court Announces Overruling of Precedent on ‘Attempted Transfer’ of Drugs, by David Reutter
  13. Maryland Supreme Court Announces Expectation of Privacy Covers Electronic Data, Not Physical Devices, Thus War-rantless Search of Government’s Copy of Defendant’s Hard Drive After Consent Revoked Violated Fourth Amendment, by Douglas Ankney
  14. Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence, by Douglas Ankney
  15. First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand, by Richard Resch
  16. Human DNA Retrieved From Dogs Might Provide Evidence, by Douglas Ankney
  17. Sixth Circuit: Trial Judge’s Personal and Condemnatory Remarks Directed Toward Defendant Requires Recusal, by Douglas Ankney
  18. Police Requests to Google Replacing Old Fashioned Detective Work, by Anthony Accurso
  19. One Solution to Jurors Giving Too Much Weight to Improper Forensic Testimony: 4-Minute Training Video Based on DOJ Guidelines, by Matthew Clarke
  20. California Court of Appeal: Defendants Who Plead Guilty to Stipulated Sentence Eligible for Resentencing Under Amended § 1170.91, by Douglas Ankney
  21. California Bans Bogus ‘Excited Delirium’ Diagnosis as Cause of Death, by Douglas Ankney
  22. New Mexico Supreme Court Clarifies When Reviewing Double Jeopardy Claims, Court to Apply Blockburger’s Strict-Elements Test or Modified Strict-Elements Test—Not Both, by Douglas Ankney
  23. FBI Lost Count of Its Snitches at Capitol on January 6, 2021, by Douglas Ankney
  24. U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence, by Douglas Ankney
  25. Jesse Johnson: 194th Person Exonerated While on Death Row, by Jordan Arizmendi
  26. Kansas Supreme Court Announces State Must Prove Defendant Specifically Intended to Enter Dwelling in Which There Was a Person to Sustain Conviction for Attempted Aggravated Burglary, Overruling State v. Watson, by Douglas Ankney
  27. Oregon Supreme Court Clarifies Test to Determine When Person Becomes Agent of the State and Rules Jailhouse Snitch Was Agent, Requiring Suppression of Defendant’s Statements, by Anthony Accurso
  28. NYPD’s Solution for Abusive Cops Who Cost Taxpayers Millions of Dollars in Civil Suits—Promote Them, by Douglas Ankney
  29. Eleventh Circuit Announces Supervised Release Term Not Tolled When Defendant Absconds, Deepening Circuit Split, by Anthony Accurso
  30. California Court of Appeal: Confrontation Clause Violated Where Defense Prohibited From Cross-Examining Prosecution Witness About Biased Motivation and Fabrication, by Douglas Ankney
  31. Fourth Circuit: Evidentiary Hearing Required Where Prisoner’s Allegation of Mental Illness, if True, Is Sufficient to Demonstrate ‘Extraordinary Circumstances’ Warranting Both Rule 60(b)(6) Relief and Tolling of Habeas SOL, by Douglas Ankney
  32. Study Reveals That Aging Federal Judges May Experience Cognitive Impairment Affecting Their Opinions, by Douglas Ankney
  33. News in Brief

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