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C. Exculpatory Evidence

State v. Gary Lee Wayerski, 2015AP1083-CR, District 3, 10/31/17 (not recommended for publication), petition for review granted 3/13/18; case activity (including briefs) Rejecting Wayerski’s argument to the contrary, the court of appeals holds that a police officer alleged to have sexually assaulted two teenage boys could be convicted under § 948.095(3)(a), which prohibits a person over… Read More

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SCOTUS doesn’t alter Brady v. Maryland

Charles Turner, et al., v. United States, USSC Nos. 15-1503 & 15-1504, 2017 WL 2674152 (June 22, 2017), affirming Turner v. U.S., 116 A.3d 894 (D.C. App. 2015); Scotusblog page (including links to briefs and commentary) In granting cert in this case the Court told the parties to brief one issue: Whether the convictions of the… Read More

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State v. George D. Taylor, 2015AP1325-CR, 4/27/17, District 1/4 (not recommended for publication); case activity (including briefs) Taylor raises a host of challenges to his felony murder conviction. The court of appeals rejects all of them except one: an ineffective assistance of counsel claim, which the court orders must be assessed at a Machner hearing. Taylor… Read More

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State v. Frank V. Blonda, 2015AP2431-CR, 4/11/17, District 1, (not recommended for publication); case activity (including briefs).  M.L., the victim in this case, called her sister, Vincenza, and allegedly told her that Blonda had hit her in the head with a telephone. Vicenza reported this to the police.  Later, M.L. told the DA’s victim advocate that she… Read More

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State v. Karl W. Nichols, 2016AP88-CR, 3/20/17, District IV (not recommended for publication); case activity (including briefs) Nichols was convicted, at trial, of a sexual assault of a four-year-old child; the child did not report the alleged assault to anyone until she was 10 years old. Nichols’s postconviction motion alleged that the state had failed… Read More

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Turner v. United States, USSC No. 15-1503, and Overton v. United States, USSC No. 15-1504, cert. granted, consolidated for argument and decision, 12/14/16 Question presented (as formulated by SCOTUS) Whether the petitioners’ convictions must be set aside under Brady v. Maryland, 373 U.S. 83 (1963). Lower court opinion (for both cases): Turner, et al., v. United States… Read More

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State v. A.S.W./State v. J.P.W., 2015AP2119 & 2015AP2120, District 2, 10/5/16 (one-judge decision; ineligible for publication); case activity Douglas Yanko was convicted of sexually assaulting a child. Postconviction, he sought access to the juvenile court records of the child’s brothers, A.S.W. and J.P.W., who were also charged with sexually assaulting the child. Yanko asserts there… Read More

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SCOTUS: Brady violation requires new trial

Michael Wearry v. Burl Cain, USSC No. 14-10008, 2016 WL 854158 (per curiam) (March 7, 2016); reversing the 21st Judicial District Court, Livingston Parish, No. 01-FELN-015992, Div. A, application for writ denied, 161 So.3d 620 (La. 2015); Scotusblog page The state violated Wearry’s due process rights under Brady v. Maryland, 373 U.S. 83 (1963), by withholding evidence that… Read More

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