Watters v. State — Court reverses after inadequate counsel waiver
The Indiana Court of Appeals reversed a probation revocation because the trial court failed to establish a knowing and intelligent waiver of counsel.
Uncategorized
Post-Conviction Relief
Uncategorized
Heatley v. State — Supreme Court retires the Logan circumstantial-evidence charge
The South Carolina Supreme Court affirmed denial of post-conviction relief and held that trial counsel need not request the Logan circumstantial-evidence instruction.
Uncategorized
Miranda v. State — Post-Conviction Court Erroneously Presumed Prejudice From Unanimity Instruction Failure; Convictions Reinstated
The Utah Court of Appeals reversed a grant of post-conviction relief, holding that the post-conviction court improperly applied the Chadwick presumption of prejudice to an ineffective-assistance claim; under Strickland, Miranda failed to show a reasonable probability that a proper unanimity instruction would have changed the verdict.
Uncategorized
Johnson v. State — Post-Conviction DNA Retesting Denied Where Law-of-Parties Conviction Leaves Third-Party DNA Non-Exculpatory
The Eighth Court of Appeals affirmed denial of a second post-conviction DNA testing motion in a capital murder case, holding that Chapter 64 does not permit comparison of a DNA specimen to a specific named individual, and that third-party DNA on the murder weapon is not exculpatory where the defendant was convicted under a law-of-parties theory and substantial evidence of guilt exists independent of the DNA.
Uncategorized
Jones v. Genesee Circuit Court Judge — Failure to Hold Probable Cause Conference Does Not Void Circuit Court Jurisdiction
The Michigan Court of Appeals affirmed dismissal of a habeas corpus petition, holding that the failure to hold a probable cause conference under MCL 766.4 and MCR 6.108 does not create a jurisdictional defect that voids a subsequent criminal conviction, because the conference is waivable by agreement and waivable procedural requirements cannot give rise to non-waivable jurisdictional defects.