The Superior Court vacated a pretrial bail revocation because the Commonwealth presented no testimony or exhibits and the trial court relied only on an unsworn prosecutorial proffer.
Case State of Kansas v. Amber Channel Court Kansas Court of Appeals Judge Warner, C.J.; Malone, J.; Hill, J. Date
The Nevada Supreme Court upheld state bans on machine guns and auto-sear-equipped firearms but reversed a duplicative modified-firearm conviction under double-jeopardy principles.
After a second remand, the First Department held Bergdorf Goodman security remained private despite using NYPD forms, calling 911, and transferring a suspect to police.
Case People of the State of Illinois v. Jackie O. St. John Jr. Court Illinois Appellate Court, Fourth District Judge
Case King L. Grigger v. State of Florida Court Florida First District Court of Appeal Judge Osterhaus, C.J.; Nordby, J.;
The magistrate judge recommended denying federal habeas relief under the deferential standard governing state convictions.
People v. Jimenez: Racial Justice Act Claim Requires Comparisons to Similarly Situated Offenders.
The Wyoming Supreme Court held that approved accommodations supported knowing and voluntary Alford pleas, and that no informed assistant was mandated.
A California federal court ordered a bond hearing because a prior assault conviction did not trigger mandatory immigration detention absent the corresponding inadmissibility charge.
Case Jermaine Lavanda Bass, Jr. v. State of Florida Court Florida Second District Court of Appeal Judge LaROSE, Judge Date
Case State of Nebraska, appellee, v. Ryan M. Elseman, appellant. Court Nebraska Supreme Court Judge Funke, C.J.; Cassel, J.; Stacy,
The Ninth Circuit revived two Nevada death-row habeas claims because initial post-conviction counsel’s errors may excuse their procedural default.
The Nevada Supreme Court reversed a murder conviction because the trial court prevented the defense from arguing that the evidence supported the defendant’s sister as the shooter.
The Pennsylvania Supreme Court rejected Philadelphia District Attorney Larry Krasner’s constitutional challenge to Act 40’s SEPTA special-prosecutor regime.
The Pennsylvania Supreme Court held that a prosecutor violated due process by disparaging a defendant’s pre-arrest use of counsel, but the error was harmless on this record.
The Utah Court of Appeals affirmed child-sex-abuse convictions and mandatory life without parole, rejecting ineffective-assistance and state constitutional claims.
The Indiana Court of Appeals reversed a neglect conviction because unsworn reports from jail staff did not establish that the defendant knowingly and voluntarily waived his right to attend trial.
The First District Court of Appeal holds that due process does not require a full evidentiary hearing before a court revokes a mentally incompetent defendant’s outpatient competency-restoration status under Penal Code section 1608.
An Eastern District court ordered a new immigration bond hearing because an unproven misdemeanor charge and a misread no-contest plea could not sustain dangerousness.
The Massachusetts Appeals Court held that a firearm report and association with a matching passenger did not create individualized reasonable suspicion to frisk a juvenile.
The Indiana Court of Appeals upheld a probationer’s convictions, ruling that an unambiguous search waiver covered his cellphone and that later forensic extraction stayed within the warrant.
Case Erik Olivo v. State of Florida Court Florida Third District Court of Appeal Judge SCALES, C.J. (Rick Scott, 2013);
The Superior Court preserved a restitution contempt finding but reversed a six-month jail sanction because the court did not find beyond a reasonable doubt that Zehr could pay the $3,000 purge amount.