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UPC Newsletters: Sixth Amendment Confrontation Waivers Are Still Effective
http://upcnewsletter.blogspot.com/2015/07/sixth-amendment-confrontation-waivers.html
Training and Serving Utah Prosecutors since 1991. Tuesday, July 21, 2015. Sixth Amendment Confrontation Waivers Are Still Effective. A defense counsel's waiver of a Sixth Amendment-based confrontation challenges to evidence are effective even when trial judges don't personally address the defendants. United States v. Ceballos. 2015 BL 191201, 5th Cir., No. 13-50786. The US Supreme Court, in. Crawford v. Washington. United States v. Lopez-Medina. Note: Only a member of this blog may post a comment. Armed ...
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UPC Newsletters: No Abuse of Discretion for Uncovering Witness's False Credentials
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Training and Serving Utah Prosecutors since 1991. Thursday, July 23, 2015. No Abuse of Discretion for Uncovering Witness's False Credentials. There is not an abuse of the trial court's discretion if it were to decline to find a lack of due diligence when defense counsel failed to discover that an expert witness lied about credentials. State v. Hunt. 2015 BL 193541, Md. No. 72. Http:/ www2.bloomberglaw.com/public/desktop/document/State v Hunt No 72 and 73 2015 BL 193541 Md June 18 2015 Court Op. Making Pe...
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UPC Newsletters: January 2015
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Training and Serving Utah Prosecutors since 1991. Thursday, January 15, 2015. Good Faith Exception Saves Misleading Affidavit. In spite of the fact that the affidavit was misleading, the appellate court held that the evidence seized during the search was admissible under the good faith reliance exception. Note: Sample from August 2013 Legal Briefs Section. The appellate court held the affidavit was misleading, but affirmed the conviction and held the evidence seized during the search was admissible under...
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UPC Newsletters: March 2015
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Training and Serving Utah Prosecutors since 1991. Thursday, March 26, 2015. State v. Streiff, 2015 UT 2 - Attenuation Exception to the Exclusionary Rule. The Court discusses what circumstances can be considered to be "intervening" in the legal chain of events leading to discovery of evidence. State v. Streiff. The threshold inquiry for attenuation analysis concerns the existence of “intervening circumstances.” Such circumstances are those that establish a break in the legal chain of event...The Utah Supr...
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UPC Newsletters: Oklahoma Lethal Injection Cocktail Constitutional
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Training and Serving Utah Prosecutors since 1991. Thursday, July 30, 2015. Oklahoma Lethal Injection Cocktail Constitutional. Though contraversial, Oklahoma's lethal injection cocktail does not violate the Constitution's ban on cruel and unusual punishment. Glossip v. Gross. 2015 BL 206563, U.S. No. 14-7955. Http:/ www2.bloomberglaw.com/public/desktop/document/Glossip v Gross No 147955 US June 29 2015 Court Opinion. Note: Only a member of this blog may post a comment. Subscribe to: Post Comments (Atom).
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UPC Newsletters: April 2015
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Training and Serving Utah Prosecutors since 1991. Tuesday, April 28, 2015. State v. Taylor - Is Securities Fraud a Continuing Offense? The crime of securities fraud is complete when an "offer, sale, or purchase is made.". State v. Taylor. I THE TEST FOR CONTINUING OFFENSES. The first step to see if a crime can be offended continuously is to look to the congressional intent. Criminal statutes should not be interpreted to create a continuing offense “unless the explicit language of the substantiv...The Cou...
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UPC Newsletters: June 2015
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Training and Serving Utah Prosecutors since 1991. Saturday, June 27, 2015. A teacher's hearsay testimony about abuse accusations was allowed to be presented without cross-examination. Ohio v. Clark. The teacher's testimony in this child abuse case were allowed because the child's responses to their questions were not seen as "testimonial" under the confrontation framework and cross-examination requirements updated in. Crawford v. Washington. 541 US. 36 (2004). The Court said that "[M]andatory reporting s...
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UPC Newsletters: July 2015
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Training and Serving Utah Prosecutors since 1991. Thursday, July 30, 2015. Oklahoma Lethal Injection Cocktail Constitutional. Though contraversial, Oklahoma's lethal injection cocktail does not violate the Constitution's ban on cruel and unusual punishment. Glossip v. Gross. 2015 BL 206563, U.S. No. 14-7955. Http:/ www2.bloomberglaw.com/public/desktop/document/Glossip v Gross No 147955 US June 29 2015 Court Opinion. Links to this post. Monday, July 27, 2015. Zapata v. Vasquez. During the closing argument...
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UPC Newsletters: Right to Counsel
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Training and Serving Utah Prosecutors since 1991. Monday, July 27, 2015. Defense counsel's failure to object to a closing argument statement which fabricated the victim's last moments prompts relief. Zapata v. Vasquez. 2015 BL 181122, 9th Cir., No. 12-17503. Http:/ www2.bloomberglaw.com/public/desktop/document/Zapata v Vasquez No 1217503 2015 BL 181122 9th Cir June 09 2015 C. Labels: 28 U.S.C. 2254(d)(1). Note: Only a member of this blog may post a comment. Subscribe to: Post Comments (Atom). Pretrial De...
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UPC Newsletters: February 2015
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Training and Serving Utah Prosecutors since 1991. Wednesday, February 25, 2015. Some recent US Supreme Court Cases. Holt v. Hobbs:. The Court determined that preventing a prisoner from growing a half-inch beard in accordance with religious beliefs is illegal. Chisteson v. Roper:. The Court determined that a lawyer's interest in avoiding damage to their own reputation is a conflict of interests if at odds with the client's strongest argument. Holt v. Hobbs. 9-0 Opinion by Justice Alito). Lower courts erre...
