Pursuant to the Sixth Amendment, “[i]n all criminal prosecutions, the accused shall enjoy the right…to have the assistance of counsel for his defense.” Moreover, improper trial commentary by the prosecutor on a defendant’s reliance on the assistance of counsel
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California Court Reverses Felony Murder Conviction, Finding Forcible Cutting of Human Hair is Battery, Not Robbery
For a defendant to be convicted of felony murder, the prosecution must prove that he committed some predicate felony. I’ve seen some wild felony murder cases, but none as wild as People v. Barraza, 2026 WL 2934869 (Cal. App.
Supreme Court of Nebraska Finds Juror Who Acknowledged The Defendant Could Be at a Distinctive Disadvantage if He Were Empaneled Did Not Need to Be Struck for Cause
Pursuant to the Sixth Amendment, a criminal defendant has the right to a trial “by an impartial jury.” So, would this standard be satisfied by a prospective juror who had read in the news about the defendant being a
After 2 Botched Attempts to Execute Christa Pike, Tennessee Governor Puts Pause on Executions in the State
Last night, Tennessee was scheduled to execute Christa Pike for the 1995 murder of 19 year-old Colleen Slemmer.
The case became sensationalized [as part of the “Satanic Panic” craze] when investigators said it was tied to the occult because someone
On Serial, Adnan Syed Compared His Case to the Case of Justin Wolfe. Now, Like Adnan, Justin Has Been Released
On the Serial Podcast, Adnan Syed compared his case to the case of a man named Justin Wolfe. Specifically, he told Sarah Koenig:
I heard about this other case, of a kid named Justin Wolfe. Actually Adnan mentioned the case
In 5-4 Opinion, Texas Court of Criminal Appeals Reverses Relief to Melissa Lucio
There is horrible news out of Texas today in the wrongful conviction world. This relates to the case of Melissa Lucio. Back in 2007, Lucio was convicted of capital murder in connection with the death of her daughter, Mariah, who
Charles McCrory is Given Habeas Relief in Alleged Bite Mark Murder
A federal district judge has granted habeas relief to Charles McCrory in one of the wildest cases I’ve ever seen. Back in 1985, Charles McCrory was a 26 year-old tech worker and volunteer paramedic living in Andalusia, Alabama, about 2
Should the Clergy Privilege be Inapplicable When a Defendant Confesses to a Bishop With His Mother Present?
Texas Rule of Evidence 505, its clergy privilege, provides in pertinent part that “[a] communicant has a privilege to refuse to disclose and to prevent any other person from disclosing a confidential communication by the communicant to a clergy
Court of Appeals of Kansas Finds Licensed Attorneys Aren’t Automatically Qualified to Testify as Expert Witnesses in Legal Malpractice Cases
Similar to its federal counterpart, K.S.A. 60-456(b) provides that
If scientific, technical or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue, a witness who is qualified as
Court of Appeals of North Carolina Finds Prosecution Didn’t Impeach Its Own Witness as “Mere Subterfuge” to Get His Hearsay Statements Before the Jury
Similar to its federal counterpart, North Carolina Rule of Evidence 607 provides that “[t]he credibility of a witness may be attacked by any party, including the party calling him.” That said, the party calling a witness cannot use Rule