by Dale Chappell
A prosecutor’s false statements in her closing argument in an attempt to corroborate a witness’ testimony was fatal to her case, the Supreme Judicial Court of Massachusetts held, vacating the convictions for rape of a child and indecent assault and battery upon a child.
Angel Alvarez was ...
by Dale Chappell
The Supreme Judicial Court of Massachusetts reached a decision in the Amherst lab scandal, where disgraced lab technician Sonja Farak tampered with and stole drugs from thousands of drug samples to be tested in criminal cases, by vacating and dismissing thousands of drug cases that were tied ...
by Dale Chappell
The Supreme Court of Arizona held that a law categorically banning bail for persons charged with sexual assault was facially unconstitutional, debunking the myth that sexual offenders are “inherently” a danger to the public and that an individualized assessment must be done in every case to satisfy ...
by Dale Chappell
Cook County Judge William H. Hooks took the unusual step of granting murder defendant Jackie Wilson a no-money bond, letting Wilson go free while he awaits a new trial.
Wilson’s conviction was vacated after Hooks concluded his confession was coerced after former Police Commander Jon Burge and ...
by Dale Chappell
The Supreme Court of Michigan held that a trial judge’s discretion plays no part in appointing an expert witness for a defendant; instead, a defendant must show a “reasonable probability” the expert’s assistance would be needed to prevent a violation of due process. In doing so, the ...
by Dale Chappell
The Supreme Court of Colorado held that amendments to statutes favorable to defendants apply retroactively to non-final convictions, unless the statute contains language that expressly provides it applies only prospectively, resolving a conflict between statutes and its own precedent.
John Stellabotte owned a towing company, illegally towed ...
by Dale Chappell
The New York Court of Appeals reversed a conviction in which an “excited utterance” overheard in the background on a 911 call ostensibly identifying the shooter was used as evidence against a defendant because it could not be established that the person making the utterance personally observed ...
by Dale Chappell
The Supreme Court of Kentucky held that the state statute determining intellectual disability for disallowing imposition of the death penalty was unconstitutional under the Eighth Amendment after recent U.S. Supreme Court decisions, overturning the death sentence of a man on death row for over 20 years.
Robert ...
by Dale Chappell
The Supreme Court of Pennsylvania held that a defendant’s failure to appear (“FTA”) for trial after the prosecution had already violated its duty to provide a speedy trial did not excuse the prosecution’s violation, requiring dismissal of the charges with prejudice.
Daniel Barbour was charged in two ...
by Dale Chappell
The Supreme Court of Colorado held that the burden of proof in determining whether a person voluntarily consented to a warrantless search is a preponderance of the evidence, rather than the higher clear and convincing evidence standard, thereby clarifying a misapplication by the lower courts over the ...
