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New Mexico Abolishes Qualified Immunity

Loaded on Nov. 15, 2021 by Michael Fortino, Ph.D published in Criminal Legal News December, 2021, page 44
Filed under: Qualified Immunity. Location: New Mexico.

by Michael Fortino, Ph.D.

Although many states across the nation continue to harbor and protect their employees from liability lawsuits—even in cases where the civil servant proved negligent or acted with reckless disregard—some, more progressive states, have taken the lead on litigation reform. New Mexico recently joined the ranks of ...

 

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  1. ShadowDragon: Inside the Social Media Surveillance Software That Can Watch Your Every Move, by Michael Kwet
  2. Report Chronicles Growing List of Exonerations, by Jayson Hawkins
  3. Racist Police Violence Reconsidered, by John McWhorter
  4. Excited Delirium Syndrome: Pseudo-Scientific Shield for Law Enforcement’s Violent Behavior, by Michael Fortino, Ph.D
  5. Colorado Supreme Court: Warrantless Pole Camera Surveilling and Recording of Curtilage for Over Three Months Constitutes an Illegal Search, by Douglas Ankney
  6. Proliferation of Anti-Riot Laws Spurs Nationwide Legal Challenges, by Casey Bastian
  7. How Law Enforcement Get Past Phone Encryption, by Anthony Accurso
  8. Minnesota Supreme Court Announces Two-Year Time Limit of § 590.01, subd. 4(c) Runs From Date of Court Decision, by Douglas Ankney
  9. First Circuit: Defendant Entitled to Withdraw Plea Where Government Withdrew From Plea Agreement Based on Defendant’s Breach, by Douglas Ankney
  10. Law Proposed to End Sales of Private Data to Law Enforcement, by Anthony Accurso
  11. Wisconsin Supreme Court Announces Incapacitated Driver Provision of Implied Consent Statute Unconstitutional, by Douglas Ankney
  12. Law of Unintended Consequences: How Defunding the Police Leads to Salary Increases, by Casey Bastian
  13. Washington Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Introduction of Inadmissible Evidence, by Douglas Ankney
  14. Is It Time to Stop Relying on the Cops?, by Casey Bastian
  15. Michigan Supreme Court: Parole-Revocation Prison Term Imposed as Result of Separate Wrongful Conviction Is Included in Compensation Under WICA, by Douglas Ankney
  16. Maine Supreme Judicial Court Reverses Denial of Suppression Motion and Vacates Murder Conviction, by Douglas Ankney
  17. D.C. Circuit Joins Seven Other Circuits in Holding USSG § 1B1.13 Doesn’t Apply to Compassionate Release Motions Filed by Prisoners, by Dale Chappell
  18. New Jersey Supreme Court Announces Framework for Requesting Criminal Background Check of Potential Juror and Calls for Judicial Conference to Explore Nature of Discrimination in Jury Selection Process, by Douglas Ankney
  19. First Circuit Orders New Trial Following Detailed Discussion of Entrapment Defense and When Courts Must Give Jury Instruction, by Douglas Ankney
  20. Maryland Court of Appeals Announces Standard for Whether Scientific Evidence Is ‘Testimonial’ for Confrontation Right Purposes Under Article 21 of Maryland Declaration of Rights, by Douglas Ankney
  21. NYPD Training Deprioritizes First Amendment Education in Policing Protests, by Casey Bastian
  22. USPS Reveals Social Media Surveillance Program, by Anthony Accurso
  23. California Supreme Court Announces Hearsay Regarding Nonpredicate Offenses in Psychological Evaluation Reports Inadmissible in SVP Probable Cause Hearings, by Douglas Ankney
  24. Rhode Island Supreme Court: Conclusory Statutory Language to Describe Purported Child Porn Image Used to Support Search Warrant Affidavit Invalidates Warrant, by Anthony Accurso
  25. When Life Is No Better Than Death, by Jayson Hawkins
  26. Texas Man Positively Identified by Six Eyewitnesses and Sentenced to Life Granted Actual Innocence Relief as Result of DNA Evidence, by Casey Bastian
  27. California Supreme Court Announces Suspended Execution of Sentence with Probation Imposed Is Not ‘Final’ so New Changes in Law Apply Retroactively on Appeal, by Dale Chappell
  28. Montana Supreme Court: Detainee Entitled to Pre-Sentence Credit for Time Served Regardless if Also Held in Connection With Another Matter in Another County, by Douglas Ankney
  29. Colorado Supreme Court Announces Mandatory Lifetime Sex Offender Registration Unconstitutional for Juveniles With Multiple Adjudications, by Dale Chappell
  30. New Mexico Abolishes Qualified Immunity, by Michael Fortino, Ph.D
  31. Missouri Supreme Court: IAC Where Guilty Plea Based on Counsel’s Assurance Defendant Eligible for Drug Treatment Program When, as Matter of Law, Ineligible, by David Reutter

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