Following an internal investigation into Lamar Johnson's 1995 murder conviction, City of St. Louis Circuit Attorney Kimberly Gardner filed a motion for new trial1 claiming there was newly discovered evidence demonstrating Johnson's innocence. The circuit court—concerned with

[617 S.W.3d 441]

potential problems arising from the unique scenario of a local, elected prosecuting att

Hilo, Hawaii criminal defense lawyer represented Defendant charged with murder, kidnapping and sexual assault of a woman in 1991.

Albert "Ian" Schweitzer and three other men were convicted of kidnapping, sexually assault and murdering Dana Ireland, age 23, who was found barely alive near a fishing trail in Puna, a remote section of the Big Island on Christmas Eve in 1991.

The

Deer Lodge, MT


¶1 Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating Rules, this case is decided by memorandum opinion, shall not be cited and does not serve as precedent. Its case title, cause number, and disposition shall be included in this Court's quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports.

  Â

Demarlo Berry appeals from an order dismissing his third postconviction petition for a writ of habeas corpus. The district court dismissed Berry's petition as procedurally barred, without allowing discovery or conducting an evidentiary hearing. Berry supported his petition with declarations under penalty of perjury that, if true, may establish a gateway claim of actual innocence. We conclude

Carson City, Nevada


This is a proper person appeal from an order of the district court denying a post-conviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Jackie Glass, Judge.

        On July 31, 1995, the district court convicted appellant, pursuant to a jury verdict, of burglary, robbery with the use of a deadly weapon, an

Las Vegan, Nevada

"DeMarlo Antwin Berry was wrongly convicted in 1995 of murder, robbery, and burglary of a man near a Carl's Jr. fast-food restaurant in downtown Las Vegas in April 1994. Berry's prosecution was based on his positive identification by an eyewitness from a photographic lineup, and his initial identification by three other eyewitnesses that he resembled the perpetrator. Du

Lincoln, Nebraska On December 14, 1955, 24-year-old Darrel Parker, a forester in Lincoln, Nebraska, came home for lunch and found his wife, Nancy, 22, had been raped, beaten, and strangled.
 
The crime shook the city. Parker accompanied his wife’s body to Des Moines, Iowa, for burial and was there on December 20, when he received a call from police asking him to return for questioning.

Oklahoma City, Oklahoma criminal defense lawyer represented Defendant charged with first-degree rape and kidnapping.

MoreLaw Legal News For Oklahoma

Plaintiff Terry Hobbs moves for partial summary judgment as to the fair report privilege and opinion (Doc. No. 26) and moves for partial summary judgment as to his status as a public figure (Doc. No. 31). Defendant Natalie Pasdar moves for summary judgment on all claims against her (Doc. No. 38). Defendants Martha Seidel (now Martha Maguire), Emily Robison, and the Dixie Chicks move for summa

Petitioner Antonio G. Ramirez was convicted, after a jury trial, of two counts of first-degree sexual assault of a child, first-degree sexual assault causing great bodily harm, and child enticement in Kenosha County Case No. 1999CF950. The child victim did not testify at Ramirez's trial, but police officers and hospital personnel testified about statements made by the child, the child's mothe

Petitioner-Appellant Roynes Dural, aka, Roynes J. Dural, aka Roynes Joseph Dural, aka Roynes Joseph Eric Dural II, aka Eric Dural (Dural) appeals from the April 24, 2007 Order Denying Petition to Vacate, Set Aside, or Correct Judgment or to Release Petitioner Roynes Joseph "Eric" Dural II from Custody (Order Denying Rule 40 Petition) in the Circuit Court of the First Circuit (Circuit Court).1

Buffalo, New York civil rights lawyer represented Plaintiff seeking a write of habeas corpus claiming that he was wrongfully convicted and imprisoned.

Merardo Garza appeals the district court's denial of his petition for writ of habeas corpus challenging his convictions for rape of a child under 14 years of age and aggravated indecent liberties with a child. After a nonevidentiary hearing, the district court rejected Garza's multiple claims of ineffective assistance of counsel.

        The facts of Garza's conviction are fo

Wichita, Kansas criminal Defense lawyer represented Defendant charged with sex abuse.

Merardo Garza, Jr., age 37, was accused of sexually abusing his daughter on June 24, 2007 at their family home in Wichita, Kansas.

The girl, age 8, and referred to as "M" told her mother that the Defendant had molested her.

M’s mother took her daughter to an area hospital for examina

It is hereby adjudged that the petition for a writ of habeas corpus is granted. Respondent shall release petitioner from custody and all collateral consequences resulting from his 1987 murder conviction unless the State of California provides petitioner with a new trial within sixty (60) days from the date of entry of judgment.
Alcox v. Beard (C.D. Cal. 2016)

Kenneth Ast appeals from the district court's denial of summary judgment on Joel Alcox's deprivation-of-liberty and conspiracy claims brought under 42 U.S.C. § 1983. Because the parties are familiar with the facts of the case, we do not recount them here, except as necessary to provide context to our ruling on the specific issues we address. We have jurisdiction pursuant to 28 U.S.C. § 1291

Joel Alcox appeals the district court's dismissal of his habeas petition as untimely under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"). 28 U.S.C. § 2244(d)(1). We have jurisdiction pursuant to § 2253(a). Because Alcox was never afforded an evidentiary hearing as to whether he exercised diligence, and because the district court mistakenly evaluated the wrong time period an

On May 8, 1987, in Santa Barbara Superior Court case no. SM50213, a jury convicted
petitioner Joel Alcox, aka Joel Albert Alcox, of one count of first degree murder in violation of California Penal Code ("P.C") § 187 (count 1), one count of robbery in violation of P.C. § 211 (count 2), and one count of first degree burglary in violation of P.C. § 459 (count 3), and the jury found it to be t

This case serves as a textbook example of a court impermissibly "second-guessing" criminal defense counsel's tactical decisions in derogation of United States and California Supreme Court precedent. We reverse and conclude, on the merits, that Joel Alcox (defendant) received the effective assistance of counsel at his murder trial almost 20 years ago.

        The People appeal

Santa Barbara, California criminal defense lawyer represented Defendant charged with murder, Robbery, burglary and unlawful entry.
On the evening of February 16, 1986, 49-year-old Thakorbhai Patel, the owner of the Lompoc Motel in Lompoc, California, was shot three times and killed in the motel lobby after walking in on two men who were burglarizing the motel’s untended cash register.

This petition for habeas corpus arises from the state's failure to correct the false and misleading testimony of one of its key witnesses in the trial of the petitioner, Sean Adams, who, following that trial, was convicted of murder and other offenses, and sentenced to 100 years in prison. The respondent, the commissioner of correction, appeals from the judgment of the Appellate Court, which rever

The petitioner, Sean Adams, appeals from the judgment of the habeas court

        [17 A.3d 480]

denying his amended petition for a writ of habeas corpus. On appeal, the petitioner claims that the court improperly concluded that he failed to prove that the state withheld impeachment evidence in violation of Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 10 L.Ed.2d

New Haven, Connecticut criminal defense lawyer represented Defendant charged with murder.

At 2 a.m. on December 14, 1996, 23-year-old Jason Smith was fatally shot and two others—19-year-old Marvin Ogman and 22-year-old Andre Clark—were wounded when four men opened fire with semi-automatic weapons in New Haven, Connecticut.

Police said the three victims were members of the Ghe

        Petitioner Don Ray Adams ("Adams") was convicted of murder in the first-degree, murder in the second-degree, and possessing an instrument of crime; on November 12, 1992 he was sentenced to life imprisonment. The Pennsylvania Superior Court affirmed the convictions and allocatur was denied by the Supreme Court of Pennsylvania on July 6, 1995.
        Adams filed his firs

On September 2, 1990, Brian Watkins, a tourist from Utah, was stabbed to death on a New York City subway platform. In the immediate aftermath of the attack, officers from both the New York Police Department (“NYPD�) and Transit Police Department (“Transit PD�) interviewed and arrested a host of witnesses and suspects. Several suspects were prosecuted, convicted, and sentenced to lengthy pr