by Dale Chappell
Announcing a new rule to protect the constitutional rights of criminal defendants who face both probation revocation and new criminal charges, the Nevada Supreme Court held that testimony and evidence from a probation revocation hearing cannot be used against a criminal defendant at a later criminal proceeding, ...
by Dale Chappell
The U.S. Court of Appeals for the D.C. Circuit ruled that a “generic appeal waiver does not affect a defendant’s ability to appeal his sentence on yet-to-arise ineffective-assistance-of-counsel grounds.”
An unnamed defendant in a sealed case signed a plea agreement, on counsel’s advice, that included a generic ...
by Dale Chappell
The U.S. Court of Appeals for the Ninth Circuit upheld a verdict, after remand by the U.S. Supreme Court, awarding $4 million to a couple who were shot by Los Angeles County Sheriff’s deputies during a warrantless and unlawful entry of their home.
While Angel and Jennifer ...
by Dale Chappell
A prosecutor’s lies amounted to prosecutorial misconduct requiring a new murder trial, the Supreme Court of Kansas held in a lengthy opinion exposing at least seven major errors by the prosecution.
The Court began its opinion with the following admonishment: “In a criminal prosecution, the State’s obligation ...
by Dale Chappell
In a case where in banc review was improperly granted to review a circuit court’s ruling, the Court of Appeals of Maryland took the opportunity to clarify when in banc review can be granted.
After the circuit court granted Bashunn Phillips’ pretrial motion to exclude evidence from ...
by Dale Chappell
“While substantive due process permits limited confinement after a probable cause determination, it does not permit the Commonwealth to hold an individual indefinitely while repeatedly seeking a finding of sexual dangerousness,” the Supreme Judicial Court of Massachusetts said in holding that a seven-year delay in finding a ...
by Dale Chappell
Tolling of the statute of limitations under the DNA statute applies only to the “actor” directly linked to the crime by the DNA, and not to others involved in the crime, the Supreme Court of New Jersey held. The Court interpreted the word ‘actor’ to mean only ...
by Dale Chappell
Counsel’s failure to challenge the “stark contrasts” between witness descriptions of a suspect and the defendant clearly affected the jury’s conclusion, the Supreme Court of Louisiana held, remanding for a new trial.
With the help of law enforcement, two robbery victims identified Leroy Jackson as one of ...
by Dale Chappell
The Supreme Court of New Jersey held that police may not use an inventory search as a “ruse” to conduct a broader search to support an arrest, finding that police did not have a valid reason to conduct such a search under the facts present in the ...
by Dale Chappell
DNA testing can be flawed, often in complex ways. However, courts have held that a defendant fighting for his life in court cannot verify if the DNA being used against him was properly tested, because this would require disclosure of the protected trade secrets of the company ...
