by Dale Chappell
In a case of first impression, the Nebraska Supreme Court held on March 13, 2020, that theft from multiple owners “at the same and in the same place … constitutes a single offense,” and thus multiple theft charges violates the Double Jeopardy Clause of both the Nebraska ...
by Dale Chappell
Ending what had been a “standard case-management practice,” the Supreme Court of Colorado held that a trial court may not order a defendant to turn over his defense exhibits to the prosecution prior to trial under the discovery rule because it violates a defendant’s constitutional rights under ...
by Dale Chappell
The U.S. Court of Appeals for the Sixth Circuit held on April 14, 2020, that a sentencing court may consider a prisoner’s good conduct in fashioning a lower sentence in light of the First Step Act.
The ruling came after John Allen filed under the First Step ...
by Dale Chappell
The U.S. Court of Appeals for the Sixth Circuit held on May 15, 2020, that the refusal by the U.S. District Court for the Eastern District of Kentucky to reduce a crack cocaine sentence under the First Step Act required the court to justify why it wouldn’t ...
by Dale Chappell
A unanimous Supreme Court of North Carolina held on May 1, 2020, that waving the middle finger at the police was not disorderly conduct to justify a traffic stop and subsequent charges stemming from that stop.
Trooper Paul Stevens of the North Carolina Highway Patrol was assisting ...
by Dale Chappell
When 17-year-old Barbara Blatnik was found dead in December 1987, Cleveland police found DNA under her fingernails, but it was a mixture of hers and her killer’s. At the time, DNA techniques couldn’t separate mixed DNA, and the case went cold.
However, a new technique used by ...
by Dale Chappell
The U.S. Court of Appeals for the Sixth Circuit held on April 7, 2020, that a Michigan court’s violation of a defendant’s right to confront the witness against him in court was not “harmless,” as the state court had held, and granted habeas corpus relief requiring his ...
by Dale Chappell
The U.S. Court of Appeals held on March 25, 2020, that a prisoner’s mental impairment that prevented him from “monitoring” his habeas counsel’s actions, which led to the delayed filing of his state habeas petitions, may have been cause for equitable tolling with respect to the late ...
by Dale Chappell
The Texas Court of Criminal Appeals (“TCCA”) held on February 5, 2020, that the failure to include “or others with him [the primary assailant]” in the jury instruction for a self-defense against multiple assailants defense was a “calculated” omission that deprived a defendant of his defense, requiring ...
by Dale Chappell
Finding confusion in the state courts over the status of the law and obstacles put in place by the federal prison system that hindered filing for relief, the U.S. District Court for the District of Vermont granted resentencing, excusing the late filing of a motion to vacate ...
