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New York, Faced With Millions in Payouts for Prosecutorial Misconduct, Becomes First State to Create Oversight Commission

Loaded on Sept. 23, 2018 by Derek Gilna published in Criminal Legal News October, 2018, page 28
Filed under: Prosecutor/Attorney General Misconduct, Criminal justice system reform, Wrongful Conviction. Location: New York.

by Derek Gilna

New York Governor Mario Cuomo has signed a bill that many hope will rein in prosecutorial misconduct. New York, with 250 exonerations since 1989, has paid out millions of dollars in settlements. In an attempt to address this problem, New York assemblymen in June 2018, …

 

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  1. Washington Supreme Court Strikes Down Pornography Prohibition as Unconstitutionally Vague, by Christopher Zoukis
  2. Sixth Circuit Rules Relying on Search Warrant Based on ‘Bare Bones’ Affidavit Objectively Unreasonable, Grants Motion to Suppress, by David Reutter
  3. Victims’ Rights Laws a Threat to Due Process
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  5. Private DNA Lab Under Fire for Faulty Analysis, by Christopher Zoukis
  6. ICE Utilizes Military-Style Shock Tactics to Round up Immigrants
  7. Louisiana Supreme Court Holds Counsel’s Failure to Challenge ‘Stark Contrasts’ in Witness ID and Defendant’s Appearance Constituted IAC, by Dale Chappell
  8. Sixth Circuit: Procedural Error and Plain Error for Judge to ‘Surprise’ Defendant and Impose an Upward Variance
  9. Hawaii Supreme Court Vacates Conviction Because Defendant’s Waiver of Right to Testify Deficient Under State’s Tachibana Colloquy Requirement, by David Reutter
  10. New Jersey Supreme Court Holds Inventory Search May Not Serve as Ruse for Investigatory Search, by Dale Chappell
  11. Federal Judge Effectively Ends Albuquerque’s Civil Asset Forfeiture Program as Too Focused on Revenue and Not on Due Process, by Derek Gilna
  12. Your Papers, May I See Your Papers?, by Christopher Zoukis
  13. Hair Analysis a Useful but Not Foolproof Forensic Tool, by Derek Gilna
  14. 1st Circuit: No Protective Sweep Where Identified Suspects Already in Custody at Time of Warrantless Search, by David Reutter
  15. $9 Million Settlement in Baltimore Wrongful Conviction Case, by Christopher Zoukis
  16. Civil Forfeiture Often Focuses on Profit Instead of Public Safety
  17. Louisiana Sheriffs’ Association Backpedals on Its Pre-Trial Detainee Figures, by Derek Gilna
  18. Idaho Supreme Court Rules Dead-Body Reporting Statute Unconstitutional As Applied to Defendant, by Richard Resch
  19. Federal Judge Extends Stay of Executions in Louisiana, by Betty Nelander
  20. Houston Forces Parolees out of City Under New Rule
  21. From the Big Box to the Big House: Walmart Helps Tennessee Prosecutors Felonize Shoplifting, by Matthew Clarke
  22. Iowa Supreme Court Announces Greater Privacy Protections Under State Constitution for Impounded Vehicles Than Provided by Fourth Amendment, by Richard Resch
  23. New York, Faced With Millions in Payouts for Prosecutorial Misconduct, Becomes First State to Create Oversight Commission, by Derek Gilna
  24. Fired Director of New York’s Criminal Forensic Science Division Alleges ‘Catastrophic’ DNA Errors, by Christopher Zoukis
  25. Many Sheriffs Tempted by Lack of Oversight or Fiscal Accountability, by Matthew Clarke
  26. 11th Circuit Rules Immigration Judges are United States Judges for Purposes of 18 U.S.C. § 115(a)(1)(B), by David Reutter
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  28. ACLU Questions Trade Secrets Protecting DNA Testing Algorithms, by Dale Chappell
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  44. NY Court of Appeals Holds Trial Court’s Failure to Advise Defense of Jury Note Contents Constitutes Reversible Error, by Dale Chappell
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  46. The Broad Reach of Carpenter v. United States, by Paul Ohm
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