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Under Marsy’s Law, Police Using Violence Can Claim ‘Victim’ Status
by Ed Lyon
Citizens encounter cops in many ways. Cops respond to emergencies, provide security at some public gatherings and private forums, direct traffic, and address children in schools. Aside from uniform colors and headgear styles, cops look pretty similar with their utility belts, shoulder patches, collar tabs, badges and ...
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More from this issue:
- News in Brief
- Record Number of Exonerations Prompts Michigan AG to Create Conviction Integrity Unit, by Douglas Ankney
- $21 Million Settlement for Wrongfully Convicted Man Released After 39 Years in Prison, by Douglas Ankney
- Police, Prosecutor Misconduct Continues Unabated as Evidenced by Record Number of Exonerations in 2018, by Douglas Ankney
- Report: Google Can Track You Even When Your Phone’s Off, by Anthony Accurso
- New York Court of Appeals: Jury Trial Right Attaches to Deportable Crimes Punishable by Less Than Six Months in Jail, by David Reutter
- $270,000 Awarded to Grandmother Brutalized by Pennsylvania Cops, by Edward Lyon
- $1 Million Settlement for NYC Crime Lab Tech Who Blew Whistle on Use of Untested DNA Tests for Decades, by Edward Lyon
- Wisconsin Supreme Court Holds That Statute Doesn’t Require Habeas Petitioner to Plead Timeliness, Overruling Smalley v. Morgan, by Douglas Ankney
- Report Finds Lack of Reporting on Deaths in Law Enforcement Custody, Even After Landmark Legislation, by Steve Horn
- Study Details the Effect of Brain Scan Evidence on Sentencing, by Anthony Accurso
- NYC Program Helps Former Prisoners Realize Their Dream
- ‘They need to be marked for life’, by Sandy Rozek
- The FBI Polices Itself Like Kids Guarding a Candy Store, by Edward Lyon
- Fifth Circuit: Confrontation Clause Violated When Officer’s Testimony Relates Incriminating Information Received From Non-Testifying Informant, by Douglas Ankney
- Eighth Circuit Overlooks Procedural Default, Orders Immediate Release From Excessive ACCA Sentence Based on Prior Sex Offense, by Michael Berk
- New York City’s Bail Success Story, by Bill Barton
- Ninth Circuit: Running From Police Alone Doesn’t Give Rise to Reasonable Suspicion Justifying Stop and Frisk, by Douglas Ankney
- Georgia Supreme Court Announces New Evidence Code Abrogates Categorical Exclusionary Rule of Mallory, by Douglas Ankney
- Under Marsy’s Law, Police Using Violence Can Claim ‘Victim’ Status, by Edward Lyon
- Private Citizens Carrying Guns Commit Fewer Crimes Than Cops, by Douglas Ankney
- Massachusetts Supreme Court: Discharge From Civil Commitment Required When Examiners Conclude Defendant Is Not Sexually Dangerous, by Douglas Ankney
- FAMM, Washington Lawyers’ Committee, NACDL Launch Compassionate Release Clearinghouse
- Seventh Circuit Orders Grant of Successive § 2255 Motion and Resentencing in Pre-Booker Mandatory Guidelines Case Involving Elements Clause’s Definition of ‘Crime of Violence’, by Chad Marks
- West Virginia Supreme Court Announces Parole Eligibility Statute for Prisoners Who Committed Crimes as Minors is Retroactive, by Douglas Ankney
- California Supreme Court: Prop 47 Requires Dismissal of Conviction Based on a Predicate Felony That Is Later Reduced to a Misdemeanor, by Douglas Ankney
- Hawai’i Supreme Court Remands for Resentencing Where Circuit Court Considered Defendant’s Refusal to Admit Guilt in Imposing Consecutive Sentences, by Douglas Ankney
- Maryland Court of Appeals Rules That Courts Must Ask Non Compound ‘Strong Feelings’ Question Upon Request During Voir Dire, by Douglas Ankney
- Fourth Circuit: Cannot Substitute Career Offender Predicate on Collateral Review, by Anthony Accurso
- Court Extends McQuiggin Actual Innocence Exception to Defaulted Legal Claim, Vacates § 924(c) Conviction, by Dale Chappell
- Pennsylvania Supreme Court Holds Consent to Search Does Not Include K-9 Sniff When No K-9 Present When Consent Given and Wait 40 Minutes for Its Arrival, by Dale Chappell
- Fifth Circuit: Plain Error Requiring Resentencing Where Court Didn’t Give Defendant Chance to Speak at Sentencing Hearing and Prospective Allocution Provided Added Details to Lead Reasonable Judge to Reconsider Harsh Sentence, by Michael Berk
- Court Reporters Likely Fail to Accurately Transcribe Testimony for Speakers of ‘African American English’, by Anthony Accurso
- Bucklew v. Precythe, by Michael Avery
- From the Editor: Compassionate Release for Extraordinary and Compelling Reasons, by Richard Resch
- Parole a Detriment to Rehabilitation; ‘Less Is More’ Reform Sensible, by Kevin Bliss
- Minnesota Supreme Court Holds ‘Stalking-by-Mail’ and ‘Mail-Harassment’ Statutes are Facially Overbroad, by Douglas Ankney
- Fifth Circuit: Denial of Habeas Petition as Successive Reversed Where Second Petition Challenges a Separate Judgment, by Same Court, Not Covered in First Petition, by Chad Marks
- ‘DNA Mixtures,’ ‘Touch DNA,’ and Software-Enhanced Forensic DNA Analysis, by Michael Berk
- Sixth Circuit Holds Chalking Car Tires for Parking Enforcement Constitutes a Search Under Fourth Amendment, by Matthew Clarke
- SCOTUS Announces Death of ‘Categorical Approach’ by Invalidating 18 U.S.C. § 924(c)(3)(B) as Unconstitutionally Vague, by Richard Resch
- Massachusetts Supreme Judicial Court: Consent to Search Does Not Attenuate Seized Evidence From Taint of Illegal Search of CSLI, by Douglas Ankney
- Exonerations: From Wrongful Conviction to Release and Beyond, by Edward Lyon
More from Edward Lyon:
- “There you go, Agent Orange!” Former South Carolina Sheriff Federally Indicted for Assaulting Jail Detainee, May 1, 2024
- Texas Prisons are Fire Traps, July 15, 2023
- The World’s Biggest Prison, July 15, 2023
- Civilian Police With Military Equipment, June 15, 2023
- U.S. Prisoner Numbers Slowly Declining, June 15, 2023
- California Easing Housing Hurdles for Released Prisoners, June 1, 2023
- Warden Ousted from Troubled Alabama Prison After DUI Arrest, May 1, 2023
- $20,000 Settlement for Ohio Prisoner’s Slip-and-Fall Injury, May 1, 2023
- $32,500 Medical Malpractice Award to Ohio Prisoner for Ripped-Out Catheter, May 1, 2023
- New York State’s Veterans Treatment Courts, April 15, 2023
More from these topics:
- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, Feb. 15, 2025. Police Misconduct, Retaliation for Filing Grievances.
- Police Departments Are Now Using AI to Write Reports, Feb. 15, 2025. Police Misconduct, Computer Searches, Electronic Surveillance, Police/Govt Misconduct, Police Reports.
- California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, Feb. 15, 2025. Disclosure of Records, Police, Brady Violations, Murder/Felony Murder, Resentencing, Prior Conviction/Sentence/Incarceration, Evidence - Admissibility.
- Chicago’s Police Body Cam Transparency, Feb. 1, 2025. Videotaping, Police, Police State-Surveillance.
- Corruption Charges Dropped Against Maryland Sheriff, Former Virginia Sheriff Headed to Trial, Dec. 15, 2024. Guard Misconduct, Police Misconduct.
- Two Former Georgia Sheriffs Sentenced for Misconduct, Related $5 Million Settlement Approved, Nov. 15, 2024. Police Misconduct, Settlements.
- Wisconsin District Attorneys’ Police Brady Lists Often Secret, Incomplete, or Nonexistent, Nov. 1, 2024. Police Misconduct, State Lists/Databases.
- Mistrial for Vermont Sheriff Who Kicked Shackled Detainee, Oct. 15, 2024. Police Misconduct, Mistrial Motion.
- Alabama Warden and Wife Busted for Making “Magic” Mushrooms, Oct. 15, 2024. Police Misconduct, War on Drugs.
- Study Finds That Black Americans Want Both Police Presence and Reform: Looking Beyond the Headlines, Oct. 1, 2024. Criminal justice system reform, Police, Racial Profiling.