by Matt Clarke
The Supreme Court of California held that conspiracy to commit home invasion robbery is not subject to enhancement to an indeterminate life sentence under California Penal Code § 186.22(b)(4).
Police investigating the Norteño criminal street gang had wire taps and live surveillance in place as Pedro Lopez ...
by Matt Clarke
The U.S. Court of Appeals for the Third Circuit held that U.S. District Court for the Western District of Pennsylvania erred when it denied a federal criminal defendant’s request to represent himself without first conducting an adequate inquiry.
Donte Taylor was serving parole after having been ...
by Matt Clarke
The Court of Appeal of California, Second Appellate District, held the trial court erred by setting bail at an amount it knew the defendant was unable to post and failing to consider nonfinancial conditions of release for the purpose of pretrial detention in violation of In re ...
by Matt Clarke
The Court of Appeals of Texas held that a motion for a new trial that has been overruled by the trial court may be amended with leave of the court within the 30-day period provided for in Rule 21.4(b) of the Texas Rules of Appellate Procedure for ...
by Matt Clarke
Since being signed into law by President Clinton in 1996, the Prison Litigation Reform Act (“PLRA”) has become the premiere obstacle to prisoners’ obtaining relief in federal courts. Touted by proponents as a solution to the fictitious “explosion” of frivolous prisoner litigation that was “swamping” the federal ...
by Matt Clarke
The Supreme Court of Hawaii held that a trial court erred by excluding evidence of the victim’s blood alcohol concentration (“BAC”) in a first-degree assault case where the defendant claimed self-defense.
During a family gathering involving a day of drinking, Peter David and his cousin, Santhony Albert, ...
by Matt Clarke
The U.S. Court of Appeals for the Sixth Circuit held that the U.S. District Court for the Northern District of Ohio erred when it failed to consider a change in sentencing law announced in United States v. Havis, 927 F.3d 382 (6th Cir. 2019) (“attempted” controlled ...
by Matt Clarke
The Supreme Court of Connecticut held that a trial court erred when it limited the testimony of a self-represented defendant in a trial for injury to a child. The testimony at issue would have explained why the defendant felt it necessary to physically drag his daughter to ...
by Matt Clarke
In a case of first impression, the Supreme Court of Colorado announced that when calculating financial means to hire an attorney in determining whether a defendant is indigent and thus entitled to court-appointed counsel the parents’ income in a joint household is excluded from the indigency calculation ...
Memory-Expert Psychologists Recommend Stopping All In-Court Identification and Repeated Lineups
by Matt Clarke
The Heisenberg Uncertainty Principle is a scientific concept in quantum physics explaining that the position and velocity of a sub-atomic particle can never be truly known because the very act of measuring those quantities changes them. Now ...
