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Third Circuit: Where Prosecutor “Flooded” Jury Trial With Evidence of Defendant’s Prior Bad Acts, Counsel Was Constitutionally Ineffective in Not Seeking Contemporaneous Limiting Instructions and Not ...

Article • October 15, 2025 • from CLN November, 2025

Filed under: Jury Instructions, Strickland Standard, Failure to Preserve Challenge, Motive/Opportunity/Intent/Identity Evidence, Bad Acts Evidence

Third Circuit: Where Prosecutor “Flooded” Jury Trial With Evidence of Defendant’s Prior Bad Acts, Counsel Was Constitutionally Ineffective in Not Seeking Contemporaneous Limiting Instructions and Not Objecting When Evidence Went Beyond Limited Purpose – by Douglas Ankney by Douglas Ankney The United States Court of Appeals for the Third Circuit …

Michigan Supreme Court Announces Guidance on Standards for Search Warrants of Cellphones to Satisfy Particularity Requirement of Fourth Amendment That “Reasonably Direct” Search to Uncovering Eviden...

Article • October 15, 2025 • from CLN November, 2025

Filed under: Particularity Requirement, Searches - Cellphones/Computers/Internet, Cell-Phones, Warrants - General Search, Failure to Preserve Challenge

Michigan Supreme Court Announces Guidance on Standards for Search Warrants of Cellphones to Satisfy Particularity Requirement of Fourth Amendment That “Reasonably Direct” Search to Uncovering Evidence of Criminal Activity Identified in Warrant by Anthony Accurso by Anthony W. Accurso The Supreme Court of Michigan held that a search warrant was …

Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character

Article • April 15, 2024 • from CLN April, 2024

Filed under: Parental rights, Counsel - Effective Assistance of, Strickland Standard, Failure to Preserve Challenge, Failure to Consult/Investigate/Raise, Battered Child/Spouse Evidence, Character/Reputation/Propensity, Bad Acts Evidence

Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character by Matthew Clarke by Matt Clarke The Supreme Judicial Court of Maine reversed a defendant’s domestic violence conviction after finding her attorney was ineffective for opening the door to prejudicial evidence about her parenting …

Maine Supreme Judicial Court Announces Clarification of Test for Violation of Right to Speedy Trial Under Maine Constitu-tion

Article • December 15, 2023 • from CLN December, 2023

Filed under: Barker Factors, Speedy Trial, Failure to Preserve Challenge

Maine Supreme Judicial Court Announces Clarification of Test for Violation of Right to Speedy Trial Under Maine Constitu-tion by David Reutter by David M. Reutter The Supreme Judicial Court of Maine concluded a post-conviction review (“PCR”) court misconstrued aspects of relevant law concerning a claim that counsel’s failure to assert …

California Supreme Court: Defendant Doesn’t Forfeit Claim for Failing to Object to Expert’s Testimonial Hearsay at Trial That Occurred Before Sanchez Was Decided

Article • April 15, 2020 • from CLN May, 2020

Filed under: Future Change in the Law, Confrontation Clause

California Supreme Court: Defendant Doesn’t Forfeit Claim for Failing to Object to Expert’s Testimonial Hearsay at Trial That Occurred Before Sanchez Was Decided by Anthony Accurso by Douglas Ankney The Supreme Court of California held that an appellate claim of a confrontation clause violation based on an expert’s testimonial hearsay …