Weekly criminal law update – May 31, 2022

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  1. Check out my latest blog posts: Trauma and memory – Moldofsky Law, Surprisingly Human: How Judges Think, by R. Posner – Moldofsky Law and The train wreck that is Legal Aid Alberta – Moldofsky Law.
  2. Mistrial declared in R v Peterson, 2022 ABQB 365 after conviction due to destroyed/late disclosure (destroyed sexual assault kit among other items). The Crown’s contention was “not wholly incorrect but oversimplifies” (para. 18).
  3. Judicial stay of proceedings granted due to police excessive force (use of Taser for 5 cycles while accused trying to flee – paras. 53, 55): R v Badger, 2022 ABPC 109.
  4. Defence s. 276 application required on trafficking charges (not enumerated offence) even when cross-examining complainant who somehow led impermissible evidence absent a Crown s. 276 application (despite being required, per R. v. Barton, 2019 SCC 33, at para. 80): R. v. Maldonado Vallejos, 2022 ONSC 2753 (QuickLaw/Google – not yet on CanLII). H/T Alan Gold.
  5. Crown appeal of Charter acquittal successful: the location of the gun being in the house was not an unreasonable inference in this case, I think: R. v. Kalonji, 2022 ONCA 415.
  6. Sentence reduced from 11 years to 10 years on fentanyl trafficking charges, where sentencing judge exceeded Crown’s position: R v Enns-Horvath, 2022 ABCA 196.
  7. Conditional discharge granted in case of lying to police about serious matter (stabbing): R. v. Merkley, 2022 ONCJ 227. H/T Alan Gold.
  8. Section 745.51 of Criminal Code authorizing imposition of consecutive 25-year parole ineligibility periods struck down: R. v. Bissonnette, 2022 SCC 23.
  9. Supreme Court of Canada backs victims in 34 sex-assault cases in row, a Globe analysis finds – The Globe and Mail (Google)
  10. Jacksonville man exonerated in 1986 child rape case | firstcoastnews.com
  11. Locked up 20 years for double-murder he didn’t commit, Daniel Taylor in line for $14.25M settlement – Chicago Sun-Times (suntimes.com)
  12. Arizona Can Kill Barry Jones, Supreme Court Rules (theintercept.com):

    In a nod to Arizona’s repeated contention at oral argument that “innocence isn’t enough” for Jones to prevail in this case, Thomas cited the court’s decision in Herrera v. Collins, which famously held that there was no constitutional prohibition against executing someone for a crime they did not commit. In a case like Jones’s, he wrote, federal intervention is “an affront to the state and its citizens who returned a verdict of guilt after considering the evidence before them.”

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