by Sam Rutherford
The Supreme Court of Hawai’i reversed a murder conviction for prosecutorial misconduct where a deputy prosecutor described the defendant as a liar and inserted personal opinions concerning the defense theory during closing arguments.
Background
On June 1, 2021, just after midnight, Elijah Horn was near Kuhio Beach ...
by Sam Rutherford
The U.S. Court of Appeals for the Third Circuit affirmed the U.S. District Court for the Middle District of Pennsylvania’s order granting a Pennsylvania prisoner’s habeas corpus petition based on violations of his right to confront an adverse witness and to effective assistance of counsel. Both claims ...
by Sam Rutherford
In a case containing factual allegations that seem like they were lifted from a movie or novel, the U.S. Court of Appeals for the Fourth Circuit reversed and remanded for trial a federal civil rights action in which the plaintiff alleged that local police altered police reports ...
by Sam Rutherford
The California Court of Appeal, Sixth District, held that defendants are entitled to obtain exculpatory or impeaching evidence under Brady v. Maryland, 373 U.S. 83 (1963), from police officer personnel files in advance of an evidentiary hearing on their Cal. Penal Code § 1172.6 petitions through a motion ...
by Sam Rutherford
The Supreme Judicial Court of Massachusetts vacated a threat-based conviction because the jury instructions provided setting forth the elements of that offense did not require the Commonwealth to prove that the defendant uttered a true threat of violence with the requisite mens rea of recklessness, as required ...
by Sam Rutherford
The Court of Appeal of California, District 1, held that Cal. Penal Code § 3051 violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution by denying youth offenders convicted of special circumstance murder predicated on robbery or burglary the right to a parole ...
by Sam Rutherford
According to an investigative report conducted by the Washington Post and follow-up reporting on TechDirt.com, police departments nationwide are hiding the fact that they are identifying criminal suspects using facial recognition software.
A Washington Post article reports that hundreds of Americans have been arrested after being connected ...
by Sam Rutherford
The California Court of Appeal, Second Appellate District, held that youthful defendants who receive sentences that are “functionally equivalent” to sentences of life without parole (“LWOP”) are entitled to resentencing under Cal. Pen. Code, § 1170, subd. (d) based on the constitutional guarantee of equal protection.
Background
In ...
by Sam Rutherford
The Supreme Court of Maryland clarified the process a trial court must follow when determining whether statements made by a non-testifying co-conspirator defendant during a lengthy police interview are admissible as statements against penal interest at the trial of a co-defendant. The Court clarified that the duty ...
by Sam Rutherford
The U.S. Court of Appeals for the Ninth Circuit clarified the circumstances under which a U.S. District Court may impose a “hate crime” enhancement pursuant to U.S. Sentencing Guidelines Manual (“USSG”) § 3A1.1(a), holding that the court must find beyond a reasonable doubt that the defendant was motivated ...
