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Criminal Law

Excluded witnesses’ testimony not material (access required)

Although testimony of a scientist who found the synthetic cannabinoids in the spices made by defendants were not analogous to controlled substances would have been favorable to the defendants, his testimony was cumulative and would not have had a “reasonable ...

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Trial court erred by refusing to give self-defense instruction (access required)

A jury convicted Thomas Lienau of involuntary manslaughter. The court reversed, holding it was error to not give the jury a self-defense instruction when such an instruction was requested by Lienau and supported by the facts. Background Lienau owned a ...

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Counsel deficient, but defendant not prejudiced (access required)

Defendant Kearns filed a petition for habeas relief, alleging ineffective assistance of counsel. The court held that, while his counsel was deficient, Kearns had not demonstrated prejudice. As such, it dismissed his habeas petition. Background Lee Allen Kearns was guilty ...

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