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Fourth Circuit Reverses ‘Abusive Language’ Conviction Where Government Failed to Offer Evidence That Racial Slur Tended to Cause Immediate Acts of Violence

Loaded on Aug. 15, 2021 by Douglas Ankney published in Criminal Legal News September, 2021, page 20
Filed under: Racial Profiling, Protected Speech. Location: Virginia.

by Douglas Ankney

The U.S. Court of Appeals for the Fourth Circuit reversed retired Air Force Lieutenant Colonel Jules A. Bartow’s conviction for using “abusive language” after determining the Government failed to prove his racial slur tended to cause immediate acts of violence.

Bartow, who is white, was inside the ...

 

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  1. One More Reason to Dislike Your State’s DMV, by Edward Lyon
  2. Trial Penalty: The Harm in Coercive Prosecutorial Tactics and Plea Bargains, by David Reutter
  3. Virginia Supreme Court Reverses Concealed Weapon Offense Because Statutory Exception Applied, by Douglas Ankney
  4. The Federal Habeas Corpus: Government’s Response and Your Reply, by Dale Chappell
  5. The Many Roads to Relief Under Borden, by Dale Chappell
  6. Montana Supreme Court: Court Reporter’s Medical Emergency and Judge’s Distress Don’t Constitute Manifest Necessity for Declaring Mistrial, Retrial Violates Double Jeopardy, by Douglas Ankney
  7. Virginia Passes Comprehensive Record Clearance Legislation, by Casey Bastian
  8. Arizona Supreme Court: Trial Court’s Failure to Protect Defendant’s Right to Conflict-Free Counsel May Be Raised on Direct Appeal 16 Massachusetts Supreme Court: Error to Exclude Expert Testimony on Significance of Tattoo to Support Claim of Self-Defense, by Douglas Ankney
  9. Massachusetts Supreme Court: Error to Exclude Expert Testimony on Significance of Tattoo to Support Claim of Self-Defense, by David Reutter
  10. Seventh Circuit: Coworker Cannot Limitlessly Search Defendant’s Office at Direction of FBI, by Anthony Accurso
  11. Nebraska Supreme Court Reverses Denial of Pretrial Motion for Absolute Discharge on Speedy Trial Grounds, by Matthew Clarke
  12. Fourth Circuit Reverses ‘Abusive Language’ Conviction Where Government Failed to Offer Evidence That Racial Slur Tended to Cause Immediate Acts of Violence, by Douglas Ankney
  13. Should Public Defenders Be Tweeting?, by Anthony Accurso
  14. California Court of Appeal Vacates Guilty Plea That Resulted in Legal Fiction, by David Reutter
  15. California Court of Appeal: When Federal Court Finds Petitioner Satisfies Schlup Standard, Victim Compensation Board Must Recommend Payment of Claim Without Hearing, by Douglas Ankney
  16. National Institute of Justice Funds Research to Differentiate Injuries Caused by Child Abuse from Accidental Injuries, by Matthew Clarke
  17. Police Funding Reallocated to Community Programs Nationwide, by Casey Bastian
  18. Ninth Circuit: Directly Searching Inside Detainee’s Pocket Not a Valid Terry Frisk for Weapons, by Anthony Accurso
  19. Atavistic South Carolinians Offer Option of Firing Squad to Condemned Prisoners, by Douglas Ankney
  20. Delaware Supreme Court: Substitution Not Allowed for Chain of Custody Witness, by Anthony Accurso
  21. Sixth Circuit: District Court May Consider Disparity of Defendant’s Actual Sentence Compared With Sentence Under First Step Act When Additional Factors Present, by Douglas Ankney
  22. Eighth Circuit: Plain Error to Impose Destructive-Device Enhancement for .410 Shotgun, by David Reutter
  23. Tenth Circuit Reverses Denial of Suppression Motion Because Rationale for Community-Caretaker Exception Unreasonable, by Douglas Ankney
  24. Report: NYPD Sold Almost 22,000 of the 55,000 Phones Seized Last Year, by Douglas Ankney
  25. SCOTUS: Cady’s ‘Community Caretaking’ Function of Police Doesn’t Create Standalone Doctrine Permitting Warrantless Entry into a Home, by Douglas Ankney
  26. Maryland and Montana: First States to Pass Laws Restricting Access to Consumer Genealogy Databases by Law Enforcement, by Casey Bastian
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  30. New Mexico Supreme Court: Constitutional Error to Accept Plea Without Assistance of Counsel, by David Reutter
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  45. Jury Refuses to Hold Abusive Cops Accountable for Beating Undercover Cop, by Anthony Accurso
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