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Sixth Circuit Vacates Firearms Possession Conviction; Government Showed Jury Unauthenticated Prejudicial Facebook Video Not Admitted as Evidence
by Matt Clarke
In March 27, 2020, the U.S. Court of Appeals for the Sixth Circuit vacated a firearms possession conviction from the U.S. District Court for the Northern District of Ohio because the Government showed the jury a social-media video of a masked person it alleged was the defendant ...
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More from this issue:
- A Nation on the Brink, by Christopher Zoukis
- Office of Homeland Security Circumventing Warrant Requirement by Buying Cellphone Location Data from Marketing Firm, by Anthony Accurso
- From the Editor, by Richard Resch
- Using Location Surveillance to Fight COVID-19 May Chill Free Speech and Association, by David Reutter
- This Is Not a Revolution. It’s a Blueprint for Locking Down the Nation, by John W. Whitehead
- Fourth Circuit Expands Savings Clause of § 2255(e) to Include Later Retroactivity of New Rule, by Dale Chappell
- Seventh Circuit: Defendant’s Statement Given to Pretrial Services Can’t Be Admitted to Impeach Witness at Trial, by Douglas Ankney
- California Court of Appeal Explains Procedural Requirements for Vacating Felony-Murder Conviction Via Section 1170.95 Petition, by Douglas Ankney
- Police Violence Detrimental to Public Health, by Douglas Ankney
- Congressmen File Amicus Brief Stressing Congressional Intent That First Step Act’s New Drug Laws Apply at Resentencing, by Dale Chappell
- Indiana Supreme Court: Removal of Police’s GPS Tracker on Suspect’s Vehicle Not Probable Cause of Theft, Suppression of Evidence, by Anthony Accurso
- New Hampshire Supreme Court: Police Violated Miranda in Obtaining First Statement, and State Failed to Prove Second Statement Was Voluntary, by Douglas Ankney
- 5-Year Study Shows Police Stop Black Drivers Less Often at Night When ‘Veil of Darkness’ Obscures Race, by Douglas Ankney
- Declassified Court Ruling Details FBI Abuses of Mass Surveillance Data, by Anthony Accurso
- Second Circuit: Three Important Rulings Under First Step Act, by Dale Chappell
- Marijuana Possession in Virginia Remains Illegal But Is Decriminalized, by Douglas Ankney
- Eleventh Circuit Holds Hobbs Act Robbery Doesn’t Trigger Career Offender Enhancement, by Dale Chappell
- COVID-19 Creates Opportunity for Big Brother in the Sky, by Michael Fortino, Ph.D
- Biden Accuser Accused of Inflating Credentials to Qualify as Expert Witness, Calling Convictions into Question, by Derek Gilna
- Perjurous New York City Cop Sentenced to a Single Day in Jail, by Edward Lyon
- Nebraska Supreme Court: Multiple Theft Charges for Stealing Items Belonging to Several People at Same Time and Place Violates Double Jeopardy, by Dale Chappell
- Fourth Circuit: Standalone Rehaif Error Requires Automatic Vacatur of Guilty Plea, by David Reutter
- Is the Death Penalty Slowly Dying Across the Nation?, by Chad Marks
- Joint State-Federal Task Forces Practice Rogue Justice Under Protection of Qualified Immunity, by Michael Fortino, Ph.D
- Colorado Supreme Court: Requiring Defense to Disclose Exhibits to Prosecution Before Trial Violates Due Process Rights, by Dale Chappell
- Iowa Supreme Court Orders Dismissal of Charges that State Brought in Breach of Plea Agreement, by Douglas Ankney
- Justice Office Awards $145 Million in Forensic Science Grants, by Anthony Accurso
- Carpenter Slowly Remaking Fourth Amendment Case Law, by Anthony Accurso
- California Federal Court Rejects Plea Agreement’s Waiver of Compassionate Release Provision, by David Reutter
- Aggressive NYPD Police Tactics Spreading COVID-19, by Michael Fortino, Ph.D
- COVID-19 Causing Some Pretrial Detainees to Spend More Time in Jail, by Douglas Ankney
- California Supreme Court Announces Sentencing Law Changes Apply Until Revocation Sentence Becomes Final, by Anthony Accurso
- NY Court of Appeals: Right to Review Suppression Decision When Decision Relates Solely to a Count Satisfied by Plea but Isn’t Count to Which Defendant Pled, by Douglas Ankney
- Report: Cops Ill-Equipped to Handle Mental Illness Crisis in Hospitals, by Edward Lyon
- Plenty of Practice Prevents Poor Police Performance, by Edward Lyon
- Fifth Circuit Clarifies How ‘Pronouncement Requirement’ Applies to Supervision Conditions, by Douglas Ankney
- First Circuit: Sentence Imposed Under 21 U.S.C. § 841(a)(1), (b)(1)(c) Is ‘Covered Offense’ Under § 404 of First Step Act, by Douglas Ankney
- Minnesota Supreme Court: Hotel Guests Have Reasonable Expectation of Privacy in Registry Information, by Douglas Ankney
- Sixth Circuit: Courts May Consider Good Prison Conduct in Sentence Reduction Under First Step Act, by Dale Chappell
- DNA Database of NYC’s Chief Medical Examiner Plagued with Errors, by Douglas Ankney
- South Carolina Supreme Court Rejects U.S. Supreme Court’s Shifting of Burden to Defendant to Prove Absence of Exigent Circumstances in DUI Cases, by Douglas Ankney
- Pennsylvania Supreme Court: Expired Vehicle Registration Isn’t ‘Breach of the Peace’ Justifying Traffic Stop, by Douglas Ankney
- Report: Risk Assessment Tools not Effective, Especially When not Used, by Kevin Bliss
- Sixth Circuit: District Court’s Refusal to Reduce Crack Sentence Under First Step Act Requires Justification, by Dale Chappell
- Florida Supreme Court Abandons Circumstantial Evidence Review Standard, by David Reutter
- Courts Oppose Prosecutors’ Attempts to Right Past Wrongs, by Douglas Ankney
- No Trust Between Police and Communities They Patrol, by Kevin Bliss
- COVID-19 May Ring in a New Era of High-Tech Private Policing, by Michael Fortino, Ph.D
- North Carolina Supreme Court: Giving Finger to Police Not Disorderly Conduct Justifying Traffic Stop, by Dale Chappell
- New Technique Separates Mixed DNA Evidence to Tell Suspects from Victims, by Dale Chappell
- Feds Ramp up Purchase of Riot Gear in Wake of COVID-19 Pandemic, by Douglas Ankney
- Army Veteran Serving Life Without Parole for Taking $9, by Douglas Ankney
- Sixth Circuit Vacates Firearms Possession Conviction; Government Showed Jury Unauthenticated Prejudicial Facebook Video Not Admitted as Evidence, by Matthew Clarke
- News in Brief
More from Matthew Clarke:
- DOJ Finds “Horrific and Inhumane” Conditions in Georgia Prisons, March 1, 2025
- Sixth Circuit Upholds $6.4 Million Jury Award Against Corizon Nurses For Michigan Jail Prisoner’s Fatal Alcohol Withdrawal, March 1, 2025
- En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment, March 1, 2025
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025
- Legal Gaffe Prolongs Case of Former St. Louis Detainee Held Eight Months After Dismissal of Charges, Feb. 15, 2025
- Among World Nations, Individual U.S. States Near Top of List for Per Capita Incarceration, Feb. 15, 2025
- DOJ Settles Complaints About Conditions for Disabled Detroit Jail Detainees, Feb. 15, 2025
- New York Prison Officials Found Routinely Violating HALT Act With Overuse of Solitary Confinement, Feb. 15, 2025
- Historic $7 Million Settlement in Lawsuit Over Michigan Jail Prisoner’s Fatal Beating, Feb. 15, 2025
- Suits Filed Over Dehydration Deaths at Two Texas Jails, Jan. 15, 2025
More from these topics:
- Charges Dismissed Against Connecticut Guards Who Assaulted Prisoner, Feb. 15, 2025. Escapes, Guard Brutality/Beatings, Dismissal, Social Media, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- Texas Court of Criminal Appeals: Presumption of Innocence Not Violated by Jail Courtroom, Feb. 15, 2025. Publicity - Prejudicial, Prejudice - Potential for Undue.
- Reining in Police Monitoring of Social Media, Feb. 15, 2025. Police State-Surveillance, Electronic Surveillance, Racial/Ethnic Bias/Profiling, Social Media, Racial Bias Exception.
- “Whoppergate” Embroils Georgia Sheriff, Jan. 15, 2025. Excessive Force (Police), Social Media.
- Washington Supreme Court Announces Prohibition Against Use of ‘In-Court Holding Cell’ for Court Proceedings Without Individualized Determination of Need, Dec. 1, 2024. Publicity - Prejudicial, Restraint of Defendant.
- Mom of Murdered California Prisoner Defeats Motion to Dismiss Lawsuit by Guard Who Posted Pics of Corpse Online, Sept. 15, 2024. Failure to Protect (Wrongful Death), Motion To Dismiss, Social Media, Deliberate Indifference.
- Texas Court of Criminal Appeals Holds Admission of Defendant’s Rap Videos at Trial Was Unfair Propensity Evidence and Orders New Trial, Sept. 1, 2024. Prisoner Media, Sufficiency of Evidence, Social Media.
- Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them, May 15, 2024. U.S. Sentencing Guidelines, Possession or Use of Firearms, Vicarious Liability, Safety Valve.
- FBI Visit to Oklahoma Woman in Response to Social Media Post Sparks Debate on Free Speech, May 15, 2024. Racial Discrimination, Religious Discrimination, FBI, First Amendment, rights, Police State-Surveillance, Social Media.
- FBI’s Bias for Keywords, April 15, 2024. Government Misconduct, FBI, Police State-Surveillance, Electronic Surveillance, Social Media.