Pursuant to the Brady doctrine, the State has an affirmative duty under the Due Process Clause to disclose material exculpatory evidence to the defense. Evidence is material and exculpatory when there is a reasonable probability that, had the State disclosed…
Fifth Circuit Finds DEA Agent Properly Testified as a Lay Witness That "A Bird and a Half" Was Code For 3 Pounds of Meth
By Colin Miller
Federal Rule of Evidence 701 states that If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness’s perception; (b) helpful to clearly…
Court of Appeals of Utah Finds Deficient Performance, But No Prejudice, In Defense Counsel’s Failure to Object to Sergeant’s Legal Conclusion
By Colin Miller
Similar to its federal counterpart, Utah Rule of Evidence 704(b) provides that In a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes…
Supreme Court of North Carolina Reverses Court of Appeals, Finds Statute Allowing Judge to Swap in Alternate Juror During Deliberations is Constitutional
By Colin Miller
Section 15A-1215(a) of the North Carolina Code provides that The judge may permit the seating of one or more alternate jurors. Alternate jurors must be sworn and seated near the jury with equal opportunity to see and hear the proceedings….
Indiana Passes Landmark Eyewitness Identification Reform Bill
By Colin Miller
Indiana has passed a new landmark eyewitness identification bill that is designed to address the leading cause of wrongful convictions. The bill was was championed by exonerees, the Notre Dame Exoneration Justice Clinic, and the Innocence Project, which has a…
Florida Court Orders Hearing on Whether Defense Counsel Was Ineffective for Failing to Contact Alibi Witnesses
By Colin Miller
It’s an issue I researched extensively in connection with the Adnan Syed case: When does defense counsel’s failure to contact alibi witnesses constitute ineffective assistance. The latest example can be found in the recent opinion of the District Court of…
Court of Appeals of Iowa Finds No Issues in Case in Which Judge Saw Scared Female Juror Being Berated by Male Juror on Deadlocked Jury
By Colin Miller
What should a trial judge do if he overhears a male juror acting aggressively toward a female juror to the point where it’s clear that she’s scared? That was the question that was somewhat addressed by the Court of Appeals…
Will Shanon Burgess’s College Credential Issue Lead to Other Cases Being Reopened?
By Colin Miller
It has been an interesting couple of days in the prosecution of Karen Read. Read is being prosecuted in connection with the death of Boston Police Department Officer John O’Keefe, with the prosecution recently calling expert witness Shanon Burgess to…
Second Circuit Finds Exoneree Does Not Need Direct Evidence That His Confession Was Coerced For Civil Claim to Move Forward
By Colin Miller
Imagine that a defendant is subjected to a coercive police interrogation and confesses to a crime. The defendant is thereafter convicted and serves years in prison before being exonerated. The defendant then brings an action based upon his confession being…
Court of Appeals of Virginia Finds No Issue With Allen Charge Given After Juror Indicated In Open Court That She Disagreed With The Jury’s Verdict
By Colin Miller
With an Allen charge, a judge tells jurors to continue deliberating after they’re deadlocked. This charge are typically given under a specific circumstance: The jury sends the judge a note indicating that they’re deadlocked, prompting the judge to give a…