Archive November 2021

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Edwards v. Vannoy: New criminal procedural rules will never be retroactive on federal collateral review; unanimous-jury holding not retroactive

New criminal procedural rules will never be retroactive on federal collateral review, the U.S. Supreme Court held May 17 in Edwards v. Vannoy. The Court rejected retroactive application of last year’s holding that Louisiana and Oregon juries must be unanimous in finding guilt.

Caniglia v. Strom: Community caretaking doctrine does not apply to searches of residences

There is no community caretaking doctrine that permits police to conduct warrantless searches and seizures in a home, the U.S. Supreme Court held May 27 in Caniglia v. Strom. “[T]he Court’s exigency precedents, as I read them, permit warrantless entries when police officers have an objectively reasonable basis to believe that there is a current, ongoing crisis for which it is reasonable to act now,” Justice Kavanaugh said.

Public Defender Corporation Recovery Coach Project (WV) Selected as 1 of 9 Rural Innovation Sites

The Rural Justice Collaborative (RJC) Advisory Council has selected the Public Defender Corporation Recovery Coach Project, conceived and created by West Virginia Public Defender Services (WV PDS), as one of nine Rural Innovation Sites. These are the country’s most innovative rural justice programs which will serve as models for other communities.

Niz-Chavez v. Garland: Immigration Act requires all statutory information be in a single notice-to-appear document for stop-time rule to apply

The Illegal Immigration Reform and Immigrant Responsibility Act requires that a notice to appear contain all statutorily-required information in a single document in order for the “stop time” rule for continuance presence in the country to apply, the U.S. Supreme Court held April 29 in Niz-Chavez v. Garland.

Alaska v. Wright: Federal habeas petitioner must be in State custody under 2254(a)

Even though a prior State offense may be a predicate crime for a new federal offense, where the person is no longer in State custody for the prior offense, they cannot bring a federal habeas corpus proceeding pursuant to Section 2254(a), the U.S. Supreme Court held April 26 in Alaska v. Wright.

Dismantling our American apartheid: Making the case for a defender general of the United States - Chicago Tribune

The only lawyer who is enshrined in the United States Constitution is referenced in the Sixth Amendment: “In all criminal prosecutions, the accused shall enjoy the right to … the assistance of counsel for his defence.” Yet, the defense is not, and has not been, a part of policy decisions regarding criminal justice matters.