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Minnesota Supreme Court Holds Prosecutor’s Repeated Statements During Closing Arguments That Defendant ‘No Longer Has Presumption of Innocence’ Constitutes Plain Error, Requiring a New Trial
by David M. Reutter
The Supreme Court of Minnesota held that the prosecution committed plain error by repeatedly telling the jury during closing arguments that the defendant no longer had the “presumption of innocence,” entitling the defendant to a new trial.
Christian Portillo was charged in 2019 with two counts ...
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More from this issue:
- Understanding Fusion Centers, by Michael Thompson
- Unconscious Bias: Facial Features Can Influence Life-or-Death Decisions in Verdicts, by Jo Ellen Nott
- LexisNexis Aids Customs and Border Patrol to Flaunt Fourth Amendment, by Anthony Accurso
- Lung Float Test: Junk Science Used to Convict Women of Murder, by David Reutter
- Watchlisted: You’re Probably Already on a Government Extremism List, by Nisha Whitehead, John W. Whitehead
- Studying Ant Bites on Cadavers May Advance Criminal Investigations, by Douglas Ankney
- Illinois Supreme Court Announces § 9-1.2(d) Sets Range of Sentences for Intentional Homicide of Unborn Child but Does Not Convert Offense Into Murder for Life-Sentence Enhancement, by Douglas Ankney
- Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel, by Douglas Ankney
- Nebraska Supreme Court Announces Probation Search Unlawful When Conducted After Original Term Expired and Before Hearing on Extending Term, by Matthew Clarke
- Pennsylvania Supreme Court: Failure to Disclosure Mental Health Report Showing Key Witness Was a Sociopath Constitutes Brady Violation That Prejudiced Defendant, by Anthony Accurso
- Audit Finds LAPD’s Frivolous Use of Helicopters Flunks Cost/Benefit Analysis, by Douglas Ankney
- The Supreme Court’s Forensic Follies, by Michael Thompson
- Texas Court of Criminal Appeals Announces Correct Computation of Time for Purposes of Determining When Statute of Limitations Has Run for Returning Indictment, by Douglas Ankney
- Research Paper Reveals Laypeople Have Insufficient Understanding of False Confessions by Examining Prior Research Based on Surveys and Mock Juries, by David Reutter
- Preliminary Analysis of Recidivism Data After Three Years Under First Step Act Is Promising but Inconclusive, by Jo Ellen Nott
- California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Hearing to Determine Facts Surrounding Felony Murder Charges for Possible Resentencing Under § 1172.6, by David Reutter
- Interactive Lineups Are a Promising New Tool to Improve Accuracy of Suspect Identification by Eyewitnesses, by Jo Ellen Nott
- 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, by Anthony Accurso
- Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made, by Richard Resch
- First Circuit: Miranda Waiver Not Valid Where Interrogating Officer Answered ‘No’ to Defendant’s Question — ‘None of this can be used against me, can it?’, by Douglas Ankney
- The Potential for Soil Dust Analysis in Forensics, by Anthony Accurso
- Oregon Supreme Court Announces ‘Escape Clause’ of Postconviction Relief Statute’s SOL Applies to Severe Mental Impairments During Limitations Period, by David Reutter
- California Court of Appeal Reverses Denial of Full Resentencing Under SB 483, by Matthew Clarke
- ‘How The Government Created a Terrorist’: FBI-Manufactured Crimes Reveal Urgent Need for Reforms, by Douglas Ankney
- Improvements to Decertification Procedure for Law Enforcement Officers Guilty of Excessive Force Urgently Needed, by Douglas Ankney
- Minnesota Supreme Court Holds Prosecutor’s Repeated Statements During Closing Arguments That Defendant ‘No Longer Has Presumption of Innocence’ Constitutes Plain Error, Requiring a New Trial, by David Reutter
- 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, by Richard Resch
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- Cops’ Sky-High Hopes, by Michael Thompson
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More from David Reutter:
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- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
- Hawaii Supreme Court: Plain Error Not Providing ‘Incidental Restraint’ Jury Instruction Where Kidnapping Only Charge After Dismissing Abuse Charges Prior to Trial, April 15, 2023. Restraints, Jury Instructions, Kidnapping, Abduction or Unlawful Restraint, Plain/Harmless Error.
- Tenth Circuit Deepens Circuit Split on Whether District Courts May Consider ‘Retribution’ in Deciding Whether to Revoke Supervised Release, Ruling It Is an Impermissible Factor to Consider, April 15, 2023. Revocation Proceedings, Plain/Harmless Error.
- Michigan Supreme Court Announces Forfeited Structural Error Automatically Satisfies Third Prong of Plain Error Standard Without a Showing of Prejudice, Nov. 15, 2022. Scope of Forfeiture, Plain/Harmless Error.
- SCOTUS: Rehaif Error Doesn’t Automatically Require Reversal of Conviction, Plain-Error Test Must Be Satisfied for Re-lief, Feb. 15, 2022. Felon in Possession Statute, Firearms, Plain/Harmless Error.
- Arizona Supreme Court Clarifies Proper Fundamental Error Review Applicable to Allegation of a Single, Unobjected-to Instance of Prosecutorial Misconduct, Oct. 15, 2021. Improper Comments.
- Kentucky Supreme Court Reverses Murder Convictions Due to ‘Flagrant Prosecutorial Misconduct’ in Misleading Jury, March 15, 2021. New Trial - Motions for, Improper Comments.
- Ninth Circuit Reiterates Presumption of Innocence Remains Until Conviction, Grants Habeas Relief, Dec. 15, 2020. Habeas Corpus, Actual Innocence/Claim of Innocence, Improper Comments.
- Duckett v. Mullin, No. 00-6292 (10th Cir.) (306 F.3d 982) (September 4, 2002) (Judge Carlos Lucero), Aug. 1, 2002. Punch And Jurists, Improper Comments.
- U.S. v. Sanchez, No. 97-30002 (9th Cir.) (176 F.3d 1214) (June 1, 1999) (Judge Arthur L. Alarcon), June 1, 1999. Punch And Jurists, Improper Comments.
- U.S. v. Francis, No. 97-1129 (6th Cir.) (170 F.3d 546) (February 25, 1999) (Judge Boyce F. Jr. Martin), March 1, 1999. Punch And Jurists, Improper Comments.