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Archive: 2018
December
-
How Defense Lawyers Break Attorney-Client Privilege to Defend Ineffective Assistance of Counsel Claims
by Steve Horn
(p 36)
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Fee to Plead Guilty Burdens Indigent Defendants in Pennsylvania
by Dale Chappell
(p 39)
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California Court of Appeal: Youth Offender Parole Statute Trumps Consecutive Prison Term Statute
by Christopher Zoukis
(p 38)
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Very Few Have Taken Advantage of New York’s Program to Seal Criminal Records
by Edward Lyon
(p 38)
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Homeland Security One Step Closer to Becoming Big Brother Incarnate
by Christopher Zoukis
(p 39)
-
St. Louis Police Department Fighting Prosecution Exclusion List
by Kevin Bliss
(p 40)
-
Junk Sciences and Scientists Strike Again in Texas
by Edward Lyon
(p 40)
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Global Voice Recognition Database Alarms Privacy Groups
by Kevin Bliss
(p 41)
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Philadelphia Pays Out Millions to Settle Police Shootings
by Edward Lyon
(p 41)
-
Scottish Psychologist’s Study Focuses On Why the Innocent May Confess to Crimes
by Derek Gilna
(p 42)
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U.S. Government Paid Out Over $60 Million to Settle Border Patrol Violence Claims
by Christopher Zoukis
(p 37)
-
New Hampshire’s Secret List of Problematic Cops Gets Worse
by Dale Chappell
(p 35)
-
Crime Labs Falling Short
by Edward Lyon
(p 35)
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Eleventh Circuit Denies Qualified Immunity to Florida Cop Who Seized iPhone from Accident Bystander
by Christopher Zoukis
(p 34)
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Fourth Circuit: Federal Conspiracy to Commit Murder in Aid of Racketeering Not a Crime of Violence for Purposes of Sentencing Guidelines Enhancement
by Christopher Zoukis
(p 34)
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Colorado Leads U.S. in Suppression of Court Cases
by Kevin Bliss
(p 33)
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Kansas Supreme Court Rules Fourth Amendment Violation Where Purported Inventory Search Was Performed in Absence of Standard Policy
by Richard Resch
(p 32)
-
Massachusetts Supreme Court Shifts Burden on Government to Prove by Clear and Convincing Evidence Sex Offender Poses Continued Risk at Termination of Registry Hearings
by Dale Chappell
(p 32)
-
Report: NYPD Assisted in Creating Facial Recognition Technology
by Kevin Bliss
(p 31)
-
South Carolina Supreme Court Rules Mandatory Electronic Monitoring of Sex Offenders Must Be ‘Reasonableness’ Under Fourth Amendment
by Dale Chappell
(p 30)
-
Minnesota Supreme Court Joins the Chorus by Announcing Birchfield is Retroactive
by Christopher Zoukis
(p 30)
-
$1 Million Settlement by Cleveland to Six Rape, Murder Victims’ Families
by Kevin Bliss
(p 29)
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Connecticut Supreme Court Finds IAC for Failure to Investigate Key Alibi Witness, Grants New Trial
by Dale Chappell
(p 27)
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Ninth Circuit Holds Undisclosed Relationship Between Murdered FBI Agent and Presiding Judge in Capital Case Created Intolerable Risk of Judicial Bias, Warranting Habeas Relief
by David Reutter
(p 26)
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Ninth Circuit Rules California Robbery Not a ‘Crime of Violence’ in Light of Dimaya and Allows Withdrawal of Guilty Plea
by David Reutter
(p 26)
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Civil Rights Groups Urge Ending Use of Pretrial Bail Risk Assessment Tools
by Steve Horn
(p 28)
-
California’s New Cashless Bail System More Likely to Increase Number of Detainees
by Kevin Bliss
(p 25)
-
Article Calls for Courts to Implement ‘Brady Violation Disclosure Letter’ System
by Steve Horn
(p 24)
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Georgia Can No Longer Charge for Access to Its Statutes, Thanks to Eleventh Circuit Ruling
(p 23)
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I once wrote mandatory minimum laws. After ties to Abramoff landed me in prison, I know they must end.
by Kevin Ring
(p 22)
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Seventh Circuit Vacates Conditions of Supervised Release Following Child Pornography Conviction
by Matthew Clarke
(p 22)
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Illinois: Chicago Police Misconduct Outed in Database 2.0 Version
by Edward Lyon
(p 21)
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Seventh Circuit: Bureau of Prisons Improperly Prolonged Prisoner’s Sentence
by Christopher Zoukis
(p 20)
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Oregon Supreme Court: ‘Grooming’ Evidence Requires Scientific Validity Foundation
by Mark Wilson
(p 20)
-
Massachusetts Supreme Court Overturns Conviction Based on Prosecutor’s False Statement During Closing Argument
by Dale Chappell
(p 19)
-
District Court Holds that Some White-Collar Felons May Lawfully Possess Firearms Due to a Little Known Exemption For Crimes ‘Relating to the Regulation of Business Practices’
(p 18)
-
Harris County, Texas Prosecutors Review DWI Cases Impacted by Discredited Expert
by Derek Gilna
(p 17)
-
Massachusetts Supreme Court Tosses Thousands of Drug Cases After Lab Tech Scandal and Government Cover-Up
by Dale Chappell
(p 16)
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Tenth Circuit Rules Police Seizure of Home Where No Evidence of Criminal Activity Apparent Violates Fourth Amendment Requiring Suppression of Incriminating Evidence
by Richard Resch
(p 14)
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Seventh Circuit: Procedural Error Occurs When Miscount of Prior Convictions Basis for Sentence, Resentencing Required
by David Reutter
(p 14)
-
Police Misconduct Threatens Over 20,000 New Jersey Drunk Driving Convictions
by Derek Gilna
(p 16)
-
Nevada Court of Appeals Rules Police May Not Conduct Warrantless Search Based on Third-Party Consent Where No Effort Made to Determine Whether Person Has Authority to Do So
by Richard Resch
(p 12)
-
New York City Cops Using Supposedly Sealed Arrest Records
by Edward Lyon
(p 9)
-
Ninth Circuit Grants Habeas for IAC of Resentencing Counsel Who Failed to Challenge Sole Aggravating Factor or Investigate Mitigating Circumstances
by Matthew Clarke
(p 11)
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News in Brief
(p 42)
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Kansas Supreme Court Holds Travel Plan Questions Unconstitutionally Extended Traffic Stop
by Matthew Clarke
(p 13)
-
How Jury Duty Gives You the Power to Erase Bad Laws
by Joe Jarvis
-
The Fallibility of Forensic Science: Crime-Solving Tool Can Lead to Wrongful Convictions—and Belated Exonerations
by Rick Anderson
(p 1)
-
Dallas County Private Bail Hearings Leave People Languishing Behind Bars
by Kevin Bliss
(p 42)
-
New App Makes It Simple for Civilians to Record Police Encounters
(p 41)
-
Sex Offender Registration Biased Against Blacks
by Kevin Bliss
(p 41)
-
Arizona Supreme Court Strikes Law Categorically Banning Bail for Sexual Assault as Unconstitutional
by Dale Chappell
(p 40)
-
$384 Million Paid Out by New York City in Last Five Years for Police Misconduct
by Derek Gilna
(p 40)
-
ACLU Report: A Tale of Two NYCs When It Comes to Policing
by Derek Gilna
(p 39)
-
Fourth Circuit Affirms District Court Ruling that Man Committed as ‘Sexually Dangerous’ Should be Released
by Christopher Zoukis
(p 38)
-
Increase in Crime Registries Nationwide Not a Benefit to Society
by Kevin Bliss
(p 37)
-
Ninth Circuit Grants Habeas for Appellate Lawyer’s Failure to Raise Denial of Self-Representation Claim
by Matthew Clarke
(p 36)
-
Tenth Circuit Grants Habeas Relief When ACCA Predicate Offense No Longer Qualifies as ‘Violent Felony’
by Christopher Zoukis
(p 36)
-
Chicago Judge Grants No-Money Bond in Murder Case, But Cook County Still Has a Long Way to Go
by Dale Chappell
(p 35)
-
FBI Admits Vastly Inflating Number of Unsearchable Mobile Devices
(p 35)
-
Oklahoma’s Railroading its Citizens into Prison
by Edward Lyon
(p 38)
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Second Circuit Announces Prisoners Have First Amendment Right Not to Snitch or Provide False Information to Prison Officials
by Richard Resch
(p 34)
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Under Fire, Long Beach Police Suspend Use of Self-Deleting Message App
by Betty Nelander
(p 33)
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Michigan Supreme Court Announces New Rule for Appointing Expert Witness for Indigent Defendants, No Longer Left to Trial Judge’s Discretion
by Dale Chappell
(p 32)
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Oregon Enhanced Drug Penalty ‘For Consideration’ Element Requires Proof of Drug Sale or Agreement to Sell
by Mark Wilson
(p 32)
-
Orlando Police Continue to Test Amazon’s Facial Recognition Software Despite Privacy Concerns
(p 31)
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Pennsylvania State Senator Sends the Cops to Collect on Overdue Trash Bills Owed to His Company
by Christopher Zoukis
(p 31)
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Colorado Supreme Court Holds Ameliorative Amendments Apply Retroactively to Non-Final Convictions
by Dale Chappell
(p 30)
-
First Circuit Orders Resentencing Where Trial Counsel Failed to Secure Three-Level Reduction Under Sentencing Guidelines
by David Reutter
(p 30)
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Federal Death Penalty Prosecutors Accuse One Another of Destroying Evidence and Other Misconduct in Discrimination Lawsuit
by Shawn Musgrave, Brooke Williams
(p 28)
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Ninth Circuit Rules Detective’s Persistent Questioning After Invocation of Right to Counsel Entitles California Prisoner to Habeas Relief
by Richard Resch
(p 26)
-
Texas Court of Criminal Appeals Reverses Conviction for Improper Lesser-Included-Offense Determination
by Christopher Zoukis
(p 26)
-
Washington Supreme Court Announces State’s Death Penalty Is Unconstitutional
by Richard Resch
(p 25)
-
Snarky Facebook Post Not True Threat; Officers Denied Qualified Immunity
by David Reutter
(p 24)
November
-
Sixth Circuit Grants Habeas Relief When Juror Failed to Disclose History of Sexual Abuse in Sexual Assault Case
by Christopher Zoukis
(p 24)
-
New York Court of Appeals: Excited Utterance Must Be Based on Personal Observation to Be Admissible as Exception to Hearsay Rule
by Dale Chappell
(p 23)
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Three Reasons Why the Supreme Court Should Eliminate the Doctrine of Qualified Immunity
by Christopher Zoukis
(p 22)
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Seventh Circuit: Habeas Petition Challenging § 841 Recidivism Sentence Enhanced with Vacated State Convictions is Not Time-Barred by § 851(e) Statute of Limitations
by Christopher Zoukis
(p 20)
-
California Court of Appeal Rules 17-Year Delay in SVP Trial Violated Right to Speedy Trial
by Kevin Bliss
(p 20)
-
Warning: Integrity of Judicial Process at Risk
by Sandy Rozek
(p 18)
-
Kentucky Supreme Court Declares Law Defining Intellectual Disability Unconstitutional, Overturns Death Sentence
by Dale Chappell
(p 18)
-
Is Blue Privilege at Work in Texas Police Killings?
by Betty Nelander
(p 17)
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Pennsylvania Supreme Court Holds FTA Does Not Affect Independent Speedy Trial Violation by Prosecutor
by Dale Chappell
(p 16)
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Habeas Hints: Evaluating and Initiating IAC Claims
by Kent Russell, Tara Hoveland
(p 14)
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Should the Minimum Age for the Death Penalty be Bumped Up to 21?
(p 13)
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Colorado Supreme Court Announces ‘Preponderance of the Evidence’ Standard for Determining Voluntariness of Consent to Search
by Dale Chappell
(p 12)
-
Free at Last! California Modifies Its Felony Murder Law, Helping up to 800 Prisoners Currently Serving Life Sentences
by Edward Lyon
(p 12)
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Arkansas Supreme Court Reverses Negligent Homicide Conviction Where Evidence Obtained Via Warrantless Blood Draw Used
by Christopher Zoukis
(p 11)
-
News in Brief
(p 42)
-
Eyewitness (Mis)Identification in the Criminal Justice System: Powerful, Persuasive, and Problematic
by Christopher Zoukis
(p 1)
-
Wrongful convictions: Tax relief deadline for exonerees looms
by Betty Nelander
-
Nearly All the Officers in Charge of an Indiana Police Department Have Been Disciplined — Including the Chief Who Keeps Promoting Them
by Christian Sheckler, Ken Armstrong
-
Exonerated Waukegan, Illinois, Man Receives $9 Million for Wrongful Conviction
by Derek Gilna
-
Judge orders Tacoma to pay fines, attorney fees over stingray records
by Dale Chappell
(p 37)
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$150,000 Settlement for Man Beaten by West Virginia State Police
(p 37)
-
Ninth Circuit Reverses Conviction for Conspiracy to Smuggle Drugs Based Solely on ‘Drug Courier Profile’
by Christopher Zoukis
(p 38)
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First Circuit Holds Sixth Amendment Speedy Trial Clock Starts Upon Original, Not Superseding, Indictment When Based on Same Act or Scheme
by Dale Chappell
(p 38)
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Texas Woman Receives Five Years in Prison for Illegal Voting After Criminal Conviction
by Derek Gilna
(p 39)
-
Ohio Governor Commutes Another Death Sentence
(p 39)
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Nevada Supreme Court Announces Testimony at Probation Revocation Hearing Inadmissible in Later Criminal Proceeding
by Dale Chappell
(p 40)
-
Second Circuit Denies NYPD Qualified Immunity for Use of Military-Grade Acoustic Weapon on Peaceful Protesters
by Christopher Zoukis
(p 40)
-
Brooklyn, New York’s Top Prosecutor Opens Door for Expungement of Pot Convictions
by Derek Gilna
(p 41)
-
West Virginia Legislature Impeaches State Supreme Court Justices for Alleged Misconduct
by Derek Gilna
(p 27)
-
News in Brief
(p 42)
-
First Circuit Vacates Supervised Release Condition Effectively Prohibiting Contact with His Minor Children
by Matthew Clarke
(p 42)
-
U.S. Supreme Court: Defendant Sentenced Pursuant to a Rule 11(c)(1)(C) Plea ‘Generally Eligible’ for Sentence Reduction when Guidelines Retroactivity Reduced
by Christopher Zoukis
(p 36)
-
Federal Judge Orders New Orleans Municipal Court System to Reform Money Bail
by Derek Gilna
(p 36)
-
D.C. Circuit Holds Generic Appeal Waiver Does Not Bar IAC Claim During Sentencing
by Dale Chappell
(p 35)
-
Ninth Circuit Affirms $4 Million Verdict for Couple Shot by L.A. County Deputies During Warrantless Entry into Their Home
by Dale Chappell
(p 34)
-
Civil Libertarians Concerned About Undisclosed FBI Research into Tattoo Recognition Technology
by Derek Gilna
(p 34)
-
U.S. Supreme Court: Plainly Miscalculated Guidelines Range Requires Appellate Court to Vacate Sentence in the Ordinary Case
by Christopher Zoukis
(p 33)
-
Indiana Supreme Court Announces Single Act of Resisting Police Bars Multiple Counts, Regardless of Number of Officers Involved or People Killed
by David Reutter
(p 32)
-
Federal Judge Rules Cullman County, Alabama, Money Bond System Unconstitutional
by Derek Gilna
(p 32)
-
Is a Florida Chief Judge Taking Cues From a Prosecutor?
by Jacqueline Azis, Somil Trivedi
(p 31)
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The Legacy of a Torturer
by Joan Parkin
(p 30)
-
Report: Right to Trial Exists in Name. In Reality, Only 3% of Cases Go to Trial
by Steve Horn
(p 28)
-
Man Who Lawfully Had Sex with Girlfriend, 17, Could Face Decades in Prison for Taking Sexually Explicit Photos of Her
(p 27)
October
September
August
July
-
$330,000 Awarded to Brooklyn Woman and Minor Nephew over False Arrest and Two Years of Malicious Prosecution
by Christopher Zoukis
-
Federal Jury Awards Michigan Woman $1,048,000 over Retaliatory Arrests
by Christopher Zoukis
-
$190,000 for Man Falsely Arrested and Maliciously Prosecuted by NYPD
by Christopher Zoukis
-
$99,000 Settlement Reached in Negligent Enforcement of Protection Order Case
by Christopher Zoukis
-
Two Men Unlawfully Searched and Falsely Arrested for Sitting in Vehicle Settle with Middletown, N.Y., Cops
by Christopher Zoukis
-
Courts Have Made Social Media a Landmine for Defendants. Could It Change Soon?
by Steve Horn
(p 1)
-
$600,000 Awarded Missouri Man in Legal Malpractice Verdict After 17 Years in Prison
(p 19)
-
Denver Under Fire For Law That Critics Describe as Legalized ‘Car Stealing’
by Derek Gilna
(p 20)
-
Pennsylvania Supreme Court Announces Search Warrant Required for Nonconsensual Entry into Any Residence to Carry Out Arrest Warrant
by Richard Resch
(p 20)
-
Mississippi Supreme Court Clarifies that Appellate Courts Never Serve as ‘13th Juror’ for Motion for New Trial
by David Reutter
(p 21)
-
New Mexico Supreme Court: Seriousness of Charged Crime Itself Not Sufficient to Deny Defendant Pretrial Release
by Dale Chappell
(p 22)
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#Policetoo: 35 States Allow ‘Consensual’ Sex Between Police and Detainees
by Christopher Zoukis
(p 22)
-
Texas Court of Criminal Appeals Announces ‘Finality’ Under Sentence Enhancement Provision for Out-of-State Convictions Governed by Texas Law
by Dale Chappell
(p 23)
-
Durham, North Carolina, Opts Out of Military-Style Training for Police
by Christopher Zoukis
(p 23)
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Seventh Circuit Affirms Suppression of Evidence Because Traffic Stop Unreasonably Prolonged
by Christopher Zoukis
(p 24)
-
Montana Supreme Court Holds Failure to Instruct Jury on State’s Burden of Proof is Plain Error
by Dale Chappell
(p 25)
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Utah Supreme Court: Procedural Due Process Violated Where Failure to Participate in Sex Offender Treatment Program Used to Deny Parole to Prisoner Not Convicted of Sex Offense
by David Reutter
(p 26)
-
Eleventh Circuit Holds Florida Drug Trafficking Statute Indivisible and Overbroad for Removal Under Immigration and Nationality Act
by Dale Chappell
(p 26)
-
Biased Facial Recognition Systems Are Coming to a Law Enforcement Agency Near You
by Christopher Zoukis
(p 27)
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Washington Supreme Court: Nexus Between Property Searched and Probation Violation Required for Warrantless Search of Probationer’s Property
by Dale Chappell
(p 28)
-
Missouri High Court Holds Checkbox-Style Search Warrant Constitutes an Unconstitutional General Warrant
by Dale Chappell
(p 28)
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$1 Million Paid by NYC to Settle False Arrest Claim
(p 29)
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Government Eyes Are Watching You: We Are All Prisoners of the Surveillance State
by John W. Whitehead
(p 30)
-
Kansas Supreme Court: Judge’s ‘Thwarting’ of Defendant’s Right to Self-Representation was Structural Error Requiring Reversal of Convictions
by Dale Chappell
(p 32)
-
New Jersey Supreme Court: Substantive Error to Amend Indictment to Change Degree of Felony on Eve of Trial
by Matthew Clarke
(p 33)
-
Seattle to Toss Old Pot Convictions
(p 33)
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Missouri Supreme Court Clarifies No Resisting Arrest Charge Once Arrest is Completed
by Dale Chappell
(p 34)
-
Fifth Circuit Grants § 2255 Petition Challenging Failure to Register Conviction for Ineffective Assistance of Counsel
by Christopher Zoukis
(p 34)
-
FBI Data Reveal ‘War on Cops’ is Nonexistent
by Dale Chappell
(p 35)
-
South Carolina Supreme Court Clarifies When Court Can Deny Right to Self-Representation; Orders New Trial
by Dale Chappell
(p 36)
-
Pennsylvania Supreme Court Vacates Intellectually Disabled Prisoner’s Death Sentence
by Christopher Zoukis
(p 36)
-
Pennsylvania Supreme Court Announces New Rule to Allow IAC Claims for Fine-Only Sentences
by Dale Chappell
(p 37)
-
Ninth Circuit: Younger Abstention Not Appropriate in Habeas Case Challenging Lack of Constitutionally Sufficient Bail Hearing
by Christopher Zoukis
(p 38)
-
Delaware Supreme Court Reverses Criminally Negligent Homicide Because Conduct was ‘Too Remote’ from Cause of Death
by Dale Chappell
(p 38)
-
Is FBI Using Classified Tools for Everyday Investigations?
by Christopher Zoukis
(p 39)
-
Legally Thrown in Jail for Wanting to File a Complaint Against Police
(p 39)
-
District Court Grants Bail in a Drug Case Over Government’s Typical Assertion That ‘No Condition or Combination of Conditions Would Reasonably Assure the Defendant’s Presence at Trial’
(p 40)
-
Powerful District Attorney Lobbies Improperly Influence Law Making
by Matthew Clarke
(p 40)
-
NYPD Hands Out Business Cards So Suspects Can Rate Their Encounter with Cops
(p 41)
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State Attorney in Vermont Won’t Prosecute Misdemeanor Opioid Treatment Drug Cases
by Betty Nelander
(p 41)
-
News in Brief
(p 42)
-
Ninth Circuit Rules Weekends in Jail Count as Time ‘In Prison’
by Dale Chappell
(p 42)
-
The Long, Dark History of Law Enforcement’s Warrantless Bus Searches
by Steve Horn
(p 14)
-
Louisiana Supreme Court: Jury May Not Speculate on Guilt When Evidence Is Lacking
by Dale Chappell
(p 18)
-
Risk Assessment Software: Biased and No Better Than Human Behavior Prediction
by Christopher Zoukis
(p 18)
-
Daily Caller Investigation Lays Opiate Crisis at Feet of DEA
by Derek Gilna
(p 17)
-
SCOTUS: Warrantless Invasion of Curtilage to Conduct Search Unconstitutional
by Richard Resch
(p 13)
-
Dial T for Tyranny: While America Feuds, the Police State Shifts Into High Gear
by John W. Whitehead
(p 12)
-
Non-Unanimous Jury Verdicts Give Prosecutors ‘Awesome Power’ and Have Racist Roots
by Dale Chappell
(p 11)
-
Nearly 43 percent of Spokane police shootings were Native Americans
by R. Bailey
-
$25,000 Settlement Offer from NYPD over Assault, False Arrest Accepted by Parolee
by Christopher Zoukis
-
$30,000 Settlement for Brooklyn Man Falsely Arrested by NYPD
by Christopher Zoukis
-
$91,615 Awarded to Injured Aramark Employee After Indiana Jury Finds Against Prison
by Christopher Zoukis
-
Disabled Louisiana Police Department Employee Settles Discrimination Suit with City
by Christopher Zoukis
-
Public to pay for retirement of N.J. officer with four excessive uses of force
by R. Bailey
-
911 'swatting' prank excuses officer's fatal shooting
by R. Bailey
-
$1.25M Settlement for Chicago Man Coerced into Confessing to Rape and Murder
by Christopher Zoukis
-
Detroit police veteran arrested after obstructing other officers
by R. Bailey
-
False Arrest of Florida Attorney by Fort Lauderdale Police Results in $600,000 Verdict
by Christopher Zoukis
June
May
-
Eric Schneiderman, Once a Champion of Women, Now Accused of Assaulting Four
by Steve Horn
-
Golden State Killer Suspect Arrest Opens Floodgates for Law Enforcement Use of DNA Websites
by Steve Horn
-
Study: Racism and Over-incarceration Pervade Juvenile Detention
-
Eyewitness Sketches Provide ‘Stormy’ Results, Can Lead to False Convictions
by Steve Horn
-
Study: Unionized Police? Increased Misconduct
by Derek Gilna
(p 42)
-
‘Serious Bodily Harm’ Does Not Include Animals, Massachusetts Supreme Court Holds
by Dale Chappell
(p 41)
-
Georgia Supreme Court Vacates Convictions and Sentences Due to Merger Errors
by Matthew Clarke
(p 41)
-
Rhode Island High Court Abolishes Shatney in Initial Application for Postconviction Relief by Prisoners Serving Life Without Parole
by Matthew Clarke
(p 40)
-
North Dakota Supreme Court Announces Interpretation of Restitution Statutes
by Christopher Zoukis
(p 40)
-
Fifth Circuit: 96-Day Pretrial Detention Without Appearance Before Judge or Chance to Post Bail Violates Fourteenth Amendment Due Process Rights
by Matthew Clarke
(p 39)
-
Fifth Circuit Holds Prisoner May Sign and Deliver Habeas-Related Motion on Behalf of Fellow Prisoner Under Prison Mailbox Rule
by Dale Chappell
(p 38)
-
Federal Judge Excludes Evidence After FBI Lies on Search Warrant Affidavit, Geek Squad on FBI payroll
by Matthew Clarke
(p 37)
-
‘Black Identity Extremists’ Added to FBI List of Domestic Terrorists
by Christopher Zoukis
(p 36)
-
The G-Men are Coming: Local Cops Partner with Federal Authorities to Deport Undocumented Immigrants
by Christopher Zoukis
(p 35)
-
U.S. Supreme Court: Death Penalty Case Involving Racist Juror Requires Further Consideration
by Christopher Zoukis
(p 34)
-
Ohio Supreme Court Holds State Cannot Prove ‘Bulk Amount’ of Fentanyl Under Statute
by Dale Chappell
(p 33)
-
Colorado Supreme Court: Conviction of Drunk Motorist for Attempted Reckless Manslaughter and Attempted Second Degree Assault Requires Risk to Discernable Person, Not Merely Public At-Large
by Christopher Zoukis
(p 36)
-
U.S. Supreme Court Resolves Split Among Circuit Courts of Appeals on Tax Code § 7212(a)
by Richard Resch
(p 34)
-
Ninth Circuit Reverses Drug Smuggling Conviction for Improper Exclusion of Evidence of Third-Party Culpability
by Christopher Zoukis
(p 32)
-
Arizona Supreme Court: Trial Court Must Tell Jury Defendant Ineligible for Parole in Death Penalty Phase
by Dale Chappell
(p 32)
-
American hero or manipulative monster?
by Sandy Rozek
-
Iowa Supreme Court Rules District Courts Have Authority to Hear Postconviction Relief Actions Involving Deprivation of Liberty or Property Interest
by David Reutter
(p 31)
-
Innocence be Damned: Prosecutors Who Disregard Justice in Push to Win at Any Cost
by Dale Chappell
(p 30)
-
Cautionary Tale: Visible Fingertips in Cellphone Pictures Can Get You Arrested
by Steve Horn
(p 28)
-
D.C. Circuit Vacates Sentence Because Government Breached Plea Agreement by Providing Defendant’s Confidential Statements to Sentencing Court
by Dale Chappell
(p 28)
-
Colorado Supreme Court Limits Bottom End of Aggravated Sentencing Statute for Habitual Sex Offenders
by Christopher Zoukis
(p 27)
-
New Report: 60 Percent of Exonerations Stem from Official Misconduct
by Steve Horn
(p 26)
-
Washington High Court Issues New Rule Making Immigration Status Inadmissible
by Derek Gilna
(p 26)
-
LA County Deputy Sheriff Awarded $4.5 Million in Retaliation Suit
by Christopher Zoukis
-
‘Shaken Baby Syndrome’ Diagnoses Discredited, Convictions Questioned
by Matthew Clarke
(p 24)
-
Captured: ‘Golden State Killer’ Wanted for 12 Murders and 50 Rapes Turns Out To Be Former Sacramento-Area Cop
by Derek Gilna
(p 24)
-
Louisiana: No Charges for Cops Who Shot Alton Sterling, Despite Body-Cam Evidence
by Monte McCoin
(p 23)
-
Coast to Coast, Sex Offender Residency Restrictions Waste Money, Create Havoc
by Sandy Rozek
(p 22)
-
‘Broken Windows’ Policing Results in Police Lying About Unlawful Stops
by Matthew Clarke
(p 22)
-
Drug-Induced Homicide Laws Hurt Rather Than Help Opioid Overdose Crisis
by Dale Chappell
(p 21)
-
Pennsylvania Supreme Court Rules FBI Admission Microscopic Hair Analysis Wrong 90% of the Time is Newly Discovered Fact Allowing Untimely Post-Conviction Relief Petition
by Christopher Zoukis
(p 20)
-
Habeas Hints: Understanding and Satisfying the Strickland Test for IAC
by Kent A. Russell, Tara Hoveland
(p 18)
-
Book Review: California Habeas Handbook 2.0 by Kent A. Russell
by Christopher Zoukis
(p 16)
-
Victory: Virginia Supreme Court Delivers Blow to Police Use of License Plate Reader Technology to Track Drivers, Surveil Citizens
by The Rutherford Institute
(p 16)
-
U.S. Supreme Court Holds Residual Clause Definition of ‘Crime of Violence’ Unconstitutionally Vague Under Due Process Clause
by Dale Chappell
(p 14)
-
Vague Criminality and Mass Incarceration: Will Dimaya End the Insanity?
by Leah Litman
(p 12)
-
New York Times Investigation Spotlights NYPD Practice of ‘Testilying’
by Derek Gilna
(p 11)
-
News in Brief
(p 42)
-
Sex Offender Registries: Common Sense or Nonsense?
by Christopher Zoukis
(p 1)
-
Parallel Construction: Building Criminal Cases Using Secret, Unconstitutional Surveillance
(p 1)
-
Police ‘Command and Control’ Culture Is Often Lethal — Especially for People With Disabilities
-
$150,000 Jury Award Against NYPD for Excessive Force, False Arrest
by Christopher Zoukis
-
Victory: Virginia Supreme Court Delivers Blow to Police Use of License Plate Reader Technology to Track Drivers, Surveil Citizens
-
Honoring Police Includes Acknowledging Systemic Reform Is Needed
-
New Jersey Student Receives $290,000 Settlement after July 4 Police Assault
by Christopher Zoukis
-
Florida Man Arrested After He Flipped Off Pittsburgh Cop; Settles First Amendment Claim for $50,000
by Christopher Zoukis
-
Racially Motivated Traffic Stop and Arrest by Texas Police Leads to Settlement
by Christopher Zoukis
-
Arrest of War Protesters in Seattle Leads to Civil Rights Settlement
by Christopher Zoukis
-
Jury Awards Missouri Man $35,000 for Traffic Stop Assault
by Christopher Zoukis
-
Arkansas Woman Awarded $4,000 by Federal Jury Against Texarkana Police
by Christopher Zoukis
-
Deaf Oregon Man Awarded $157,500 over Police Mistreatment
by Christopher Zoukis
-
California Man Awarded $10,000 by Federal Jury After LAPD Assault
by Christopher Zoukis
-
D.C. Woman Awarded $250,000 after Assault by Metro Transit Police
by Christopher Zoukis
-
Imprisoned for Offering Oral Sex: Ill-Founded Laws Criminalize People With HIV
April
-
New York Times Investigation Spotlights NYPD Practice of ‘Testilying’
by Derek Gilna
(p 42)
-
New Washington State Law Removes ‘Actual Malice’ Roadblock in Police Prosecutions
by Derek Gilna
(p 41)
-
Arizona Supreme Court Announces Defendants May Claim Both Self-Defense and Misidentification
by Richard Resch
(p 40)
-
Iowa Supreme Court Announces Indecent Exposure Statute Does Not Apply to Still Images of Genitals
by Dale Chappell
(p 40)
-
$175,000 Settlement Reached in Lawsuit Alleging Officers Literally Tried to Feed Graffiti Suspects to K-9s
by Christopher Zoukis
(p 39)
-
New Jersey Supreme Court Interprets Criminal Harassment Statute to Avoid First Amendment Problem
by Christopher Zoukis
(p 39)
-
Prosecutors’ Offices Taking Thousands in Grant Money, Fueling Crackdown on Sex Buyers
by Steve Horn
(p 38)
-
$325,000 Paid by Sheriff’s Office to Settle Fatal Shooting Case Over Not Wearing Seat Belt
by Derek Gilna
(p 37)
-
Privacy Advocates Concerned About Google AI and Pentagon Drone Surveillance
by Derek Gilna
(p 37)
-
Intellectual Disability and Wrongful Conviction in Death Cases: A Lethal Combination
by David Reutter
(p 36)
-
Philadelphia Tests Automating the Bail Risk Assessment Process
by David Reutter
(p 36)
-
Eighth Circuit: Teague Analysis Bars Retroactive Application of Padilla Ineffective Assistance of Counsel Claim
by Christopher Zoukis
(p 35)
-
The ‘Office Shuffle’: Ohio Police Recycle Bad Apples Among Rural Departments
by Matthew Clarke
(p 34)
-
Former Civil Rights Lawyer Krasner Puts Justice Reform into Practice as New Philly DA
by Derek Gilna
(p 34)
-
Mississippi Supreme Court Reverses Conviction Ruling; State Failed to Prove ‘Constructive Possession’ of Marijuana
by Dale Chappell
(p 33)
-
Sixth Circuit Denies Qualified Immunity for Officers in No-Knock Home Entry Case
by Richard Resch
(p 32)
-
Sentencing Court’s Grant of Prior Custody Credit was Not ‘Clear Error’ to Allow for Removal
by Dale Chappell
(p 32)
-
NYU Students Form Dollar Bail Brigade to Help Free New Yorkers Held on $1 Bail
by Christopher Zoukis
(p 31)
-
Illinois Supreme Court Strikes Down Part of Two Stalking Statutes as Unconstitutional
by Richard Resch
(p 30)
-
Texas District Attorney Stops Prosecuting Trace Drug Cases
(p 29)
-
Trenton Police Officers’ ‘Violent’ Comments Captured on Body Camera
by Derek Gilna
(p 29)
-
Kansas Supreme Court Rules Grant of ‘Use’ Immunity Insufficient to Compel Testimony
by Richard Resch
(p 28)
-
Massachusetts High Court Vacates Felony-Murder Conviction for Failure to Suppress Cellphone Search
by Christopher Zoukis
(p 28)
-
Study: Unionized Police? Increased Misconduct
by Derek Gilna
(p 27)
-
Utah Supreme Court Changes Course on Admissibility of Preliminary Hearing Testimony at Trial
by Christopher Zoukis
(p 26)
-
9th Circuit: District Court Improperly Deferred to Nevada Supreme Court in AEDPA Analysis
by David Reutter
(p 26)
-
California Supreme Court Grants Habeas Petition and Vacates Capital Murder Conviction Due to False Expert Testimony at Trial
by Richard Resch
(p 25)
-
Controversial Police Interrogation Technique That Often Results in False Confessions Abandoned by Influential Training Consultant
by Matthew Clarke
(p 24)
-
$42 Million Paid Out in Decade of New Jersey Police Criminality, Abuse
(p 23)
-
First Circuit Modifies Emergency Aid Doctrine for Warrantless Entry of a Home
by Richard Resch
(p 22)
-
Texas Quietly Authorizes Nation’s First Public Safety Employees Treatment Courts
by Matthew Clarke
(p 22)
-
Kansas Supreme Court Nixes Probation After Full Sentence of Confinement Served
by Edward Lyon
(p 21)
-
Eleventh Circuit Holds Court May Not Dismiss 2255 Motion by Invoking Collateral Attack Waiver Sua Sponte
by Dale Chappell
(p 20)
-
$300,000 Settlement in Suit Over Death of Intoxicated Man Abandoned by Deputies
by Matthew Clarke
(p 20)
-
Wisconsin’s 6,000-plus Untested Rape Kits Include Over 2,000 Involving Child Victims
by Matthew Clarke
(p 19)
-
Texas Court of Criminal Appeals: Furtive Gestures, Brief Visit Not Probable Cause
by Dale Chappell
(p 18)
-
Qualified Immunity: The Supreme Court’s Unlawful Assault on Civil Rights and Police Accountability
by Jay Schweikert
(p 18)
-
Asset Forfeitures Fund New York DA’s Office Bonuses
(p 17)
-
U.S. District Court in Georgia Holds Spousal Testimonial Privilege Applies to Pre-Marital Events
(p 16)
-
N.C. Supreme Court Rules Deficient Indictment Not Jurisdictional and Issue Can’t be Raised for First Time on Appeal
by Dale Chappell
(p 13)
-
The Sex Offender Registry: It’s Not What You Think
by Sandy Rozek
(p 12)
-
Congressional Spending Bill Provision ‘Clouds’ Constitutional Rights in Criminal Probes
by Steve Horn
(p 14)
-
Seventh Circuit Finds Plain Error Where Guilty Plea Accepted Without Rule 11 Colloquy
by Christopher Zoukis
(p 11)
-
Guilty Plea Does Not Foreclose Challenge To Constitutionality Of Conviction, U.S. Supreme Court Decides
by Brandon Sample
(p 10)
-
Texas Court of Criminal Appeals Holds Defendant Entitled to Self-Defense Jury Charge if There is Any Evidence to Support It
by Matthew Clarke
(p 9)
-
From the Editor
by Richard Resch
(p 8)
-
N.Y.’s Top Court Clarifies Freedom of Information Exemption for Disclosure of Confidential Sources of Information
by Christopher Zoukis
(p 7)
-
News in Brief
(p 42)
-
FBI Training Manuals, Guidelines May Be Exempt from FOIA Disclosure
by Matthew Clarke
-
7th Circuit Affirms Dismissal of Illinois Prisoner's Civil Rights Lawsuit
by Matthew Clarke
March
-
The sex offender registry: It’s not what you think
by Sandy Rozek
-
Oregon Police Illegally Enter, Search, Issue Bogus Citation
by Edward Lyon
-
Arrested, Held Incommunicado, Oregon Man Sues
by Edward Lyon
-
$13,500 to Oregon Woman for Wrongful Arrest, Unlawful Search
by Edward Lyon
-
Indigent Defense in America: An Affront to Justice
by Christopher Zoukis
(p 1)
-
News in Brief
(p 42)
-
Mississippi Supreme Court Caps Attorney’s Fees in Wrongful Conviction Cases at 25%
(p 42)
-
West Virginia Supremes: Previous Nonviolent Crimes, Life Sentence Unconstitutional
by Dale Chappell
(p 41)
-
Fourth Circuit: No Qualified Immunity for Deputies in Shooting of Armed Suspect
by Dale Chappell
(p 40)
-
California Court of Appeal Holds State Must Prove Stolen Car’s Value for Felony Theft of Vehicle Conviction
by Dale Chappell
(p 40)
-
Don't Take a Genetic Test Without Reading This First
(p 39)
-
“Get Out of Jail” Free Cards for Cops’ Family, Friends Cut
by Christopher Zoukis
(p 39)
-
Even Prosecutors Can’t Get Secret List of L.A. Cops With Credibility Problems
by Dale Chappell
(p 38)
-
Sixth Circuit: Sentence Enhancement Inapplicable, Sales of Guns and Drugs Separate
by Dale Chappell
(p 38)
-
Philly Decriminalizes Possession of Small Amounts of Marijuana
by Christopher Zoukis
(p 37)
-
Magistrate Judge: Change Rule of Evidence That Allows Prior Conviction to Impeach Witness
by Derek Gilna
(p 37)
-
New York Court of Appeals: Defendant Denied Right to Speedy Trial After 6-Year Delay
by Richard Resch
(p 36)
-
Texas Supremes: Possession of Gun Does Not Constitute “Use” Under Forfeiture Statute
by Dale Chappell
(p 36)
-
Inadequate Public Defender Offices Prompt ACLU Suit
by Dale Chappell
-
Mass. Supremes: Consent to Search in Vehicle Did Not Extend to Engine
by Richard Resch
(p 34)
-
Gang Enhancement: California Court Reverses Denial of Motion for New Trial
by Derek Gilna
(p 34)
-
$900,000 to Octogenarian Tased by Police
(p 33)
-
Fired New Orleans Cops Just Move to Other Departments
by Dale Chappell
(p 33)
-
U.S. Supreme Court: Guilty Plea No Bar to Defendant Challenging Constitutionality
by Richard Resch
(p 32)
-
Washington Supremes: Former Prisoner Can Take Bar
by Derek Gilna
(p 31)
-
Illinois Supremes: Barring Firearms Within 1,000 Feet of Parks Facially Unconstitutional
by Richard Resch
(p 30)
-
Lack of Criminal Intent: Missouri Supreme Acquits on Drug Possession Charge
by Suzanne Bring
(p 30)
-
Cops Killed 100 Times More Americans Than Terrorists Did in 2017
by Christopher Zoukis
(p 32)
-
$275,000 to Man Arrested for Recording Police
(p 29)
-
7 Years Pre-Trial Incarceration: Vacated Convictions
(p 29)
-
Pennsylvania Supreme Court: Police Emergency Lights Next to Parked Car Constitute Seizure
by Dale Chappell
(p 28)
-
California Supreme: “Beyond a Reasonable Doubt” Standard for Second Strike
by Edward Lyon
(p 27)
-
Not Disclosed: NSA-Obtained Evidence
by Derek Gilna
(p 26)
-
Video: A Two-Edged Sword
by Michael Avery
(p 24)
-
$4.8 Million Settles Kansas City Police Shooting
by Matthew Clarke
(p 23)
-
Pennsylvania Supremes: Modified “Vertical” Approach to Collective Knowledge Doctrine
by Richard Resch
(p 20)
-
Defense Fails to Present Diminished Capacity, Ninth Circuit Vacates Murder Convictions
by Christopher Zoukis
(p 22)
-
Kansas Supremes: No Lifetime Post-Release Supervision
by Derek Gilna
(p 20)
-
Mass. Disciplines Prosecutors: No More Business as Usual
by Derek Gilna
(p 19)
-
Miranda Violation: 9th Circuit Reverses Murder Conviction
by Christopher Zoukis
(p 18)
-
Law Enforcement Scrambles to Hide Stingray Use
by Derek Gilna
(p 18)
-
Officer-Involved Shooting Data? Hard to Find!
by Christopher Zoukis
(p 16)
-
Defendant’s Right to Testify Violated: Hawaii Supreme Vacates Conviction
by Norma Gonzalez
(p 16)
-
Georgia Attempts to Limit Access to Official State Law
by Derek Gilna
(p 15)
-
Sheriff Wanted Medical Examiner to Alter Reports
by Dale Chappell
(p 14)
-
Witness Misidentification: Ohio Man’s 14 Convictions Vacated
by Mark Wilson
(p 14)
-
Texas: Retroactive Application of Law That Decriminalized Specific Conduct Not Violation of Separation of Powers
by Dale Chappell
(p 12)
-
Data: High Rate of Sexual Abuse by Cops
by Christopher Zoukis
(p 12)
-
$ Millions to Settle Philly Police Misconduct Cases
by Derek Gilna
(p 11)
-
Fight Mass Incarceration? There’s an App for That
by Derek Gilna
(p 10)
-
Singing Man Ticketed
by Christopher Zoukis
-
Troopers Try to Frame Activist, But Record It
by Derek Gilna
-
15 Crooked Cop Cases Canned
by Christopher Zoukis
-
Police Caught Planting Drugs--on Body Cam!
by Matthew Clarke
-
New Jersey Customs Agents Indicted for "Rape Table"
by Mark Wilson
-
$50 Million Lawsuit Filed in "Cowboy" Tasing that Kills Detroit Teen
by David Reutter
-
Judge's Husband Profited From Prison Stock
by David Reutter
-
Shocking Video Shows Police Disparity for Same Actions, Different Races
by Dale Chappell
-
Most American Indian Tribes Oppose Death Penalty, Regardless of Crime
-
Cops Strip Search Woman in Public...Charges Dropped
by Matthew Clarke
-
Five Years for Cop Who Fired 16 Bullets Into Car of Teens
by Christopher Zoukis
-
Las Vegas Police Fatally Shoot Mentally Ill Patient Holding Taser
-
Qualified Immunity: The Supreme Court’s Unlawful Assault on Civil Rights and Police Accountability
-
Confidential ICE Handbook Lays Out Paths for Investigations to Avoid Constitutional Challenges
-
$390,000 Settles New Jersey False Arrest Suit
by Christopher Zoukis
-
$25,000 Jury Award in Federal Civil Rights Case
by Christopher Zoukis
-
$125,000 Awarded in Oregon Excessive Force Case
by Christopher Zoukis
-
$11,000 Settles Police Racial Profiling Case
by Christopher Zoukis
-
$170,000 to Man After Detective "Went Too Far"
by Christopher Zoukis
-
$21,060 Jury Award for Injuries in Custody
by Christopher Zoukis
-
$25,000 Settles Rensselaer, New York Police Assault Case
by Christopher Zoukis
-
$25,000 Jury Award to Florida Man in Police Brutality Suit
by Christopher Zoukis
-
$750,000 to Cali Man Over Abuse by Cops
by Christopher Zoukis
-
$300,000 Jury Award to Woman Raped by Cop
by Christopher Zoukis
-
Forfeiture Funds Fancy Food for Officials
by Edward Lyon
-
Texas Asked Citizens to Fund Rape Kits
by Edward Lyon
February
-
Lawsuit Over GEO Group "Voluntary" $1 a Day Work Program Survives Motion to Dismiss
by Christopher Zoukis
-
Oregon Seizes $121,000 of Deceased Veteran’s Benefits
-
Effectiveness of ShotSpotter Not Proven
by Derek Gilna
-
Parents Sue Deputy Who “Bullied” Their Slain Son into Becoming an Informant
by Matthew Clarke
-
ACLU Charges Police With Withholding Public Records
by Norma Gonzalez
-
Colorado Springs Police Target Leftist Group's Peaceful Protest
by Dale Chappell
-
Reuters: Tasers Contributed to Many Deaths
by Matthew Clarke
-
Louisiana: Reform Results in Early Releases
by David Reutter
-
Man Arrested for Crime He Stopped Sues for $1.5 Million
by David Reutter
-
ABA: Tennessee Court Violates Misdemeanants Right to Counsel
by David Reutter
-
Florida Sheriff: Sex Offenders, People with Warrants Not Welcome at Hurricane Shelters
by Mark Wilson
-
Texas Cops Shoot Fleeing, Unarmed Traffic Violators
by Mark Wilson
-
ACLU Suit: Police Forced Catheters Into Adults and Child
by Matthew Clarke
-
Former Illinois State Attorney Indicted: Misconduct, Misappropriation of Funds
by Dale Chappell
-
Broward County Deputy Jailed for Sexual Assault of a Minor
by Christopher Zoukis
-
Florida Deputy Arrested for Burglarizing 85-Year Old's Home
by Derek Gilna
-
Report: Asset Forfeiture Distorts Police Priorities
by Derek Gilna
-
Overzealous Prosecutors Getting the Boot
by Christopher Zoukis
-
Michigan’s License Suspension Scheme Traps the Poor
by David Reutter
-
Grand Rapids, Michigan Officer Fired for Excessive Force, Avoids Criminal Charges
-
Las Vegas Police Officer Found Guilty of Physically Abusing Handcuffed Suspect
by Derek Gilna
-
Brooklyn Teen Claims Two NYPD Detectives Raped Her, Demands Justice
by Derek Gilna
-
Sheriff's Officials Indicted After Abusive School Drug Sweep
by Derek Gilna
-
67 Counts for Cop Who Had Sex With Underage Girl
by Christopher Zoukis
-
Cop Who Firebombed Supervisor's House Gets 20 Years
by Christopher Zoukis
-
Report: Police Killings on the Rise
by Christopher Zoukis
-
Cleveland Policeman With History of Excessive Force Arraigned on Assault Charges
by Derek Gilna
-
Civil Asset Forfeiture: Unfair, Unjust, Un-American
by Christopher Zoukis
(p 1)
-
News in Brief
(p 42)
-
Driver’s License Required for Conviction as Florida Habitual Traffic Offender
by David Reutter
(p 41)
-
DNA Sketches Answer Prayers, Raise Concerns
by Dale Chappell
(p 41)
-
Research Needed: Do Drug Dogs Respond to Drugs or Handler?
by Christopher Zoukis
(p 40)
-
Questioning the Use of DNA Testing Software in Criminal Prosecution
by Christopher Zoukis
(p 40)
-
Maine Supreme Court: State Must Provide Evidence to Support Probation Revocation
by Dale Chappell
(p 42)
-
Texas Court of Criminal Appeals: Right to Appeal Judge’s Questioning Not Forfeited by Failure to Object
by Dale Chappell
(p 39)
-
Washington Court of Appeals Reverses Murder Conviction Due to Prejudicial PowerPoint
by Richard Resch
(p 38)
-
Louisiana Indigent Defendants Face Death Penalty Without Lawyers
by Christopher Zoukis
(p 38)
-
Two-Party Consent Law Forces Dismissal of 61 Cases in Washington Sting
(p 37)
-
Georgia Supreme Court Reverses Mutually Exclusive Guilty Verdicts
by Christopher Zoukis
(p 37)
-
Few Indigent Defendants Have Lawyer at Arraignment
by Mark Wilson
(p 36)
-
Ohio Supreme Court: Courts Can Seal Case Records Prior to Expiration of Statute of Limitations
by Dale Chappell
(p 36)
-
Massachusetts Supreme Court: Sleeping Juror Is “Structural Error,” Requires Intervention
by Dale Chappell
(p 35)
-
CA Court Rejects Inventory Search and Inevitable Discovery Arguments in Warrantless Search Case
by Richard Resch
(p 34)
-
California Court of Appeal: Prior Felony Does Not Convert “Wobbler” Into Felony
by Dale Chappell
(p 34)
-
Idaho Supreme Court: Suspicionless Fishing Expeditions Not Tolerated
by David Reutter
(p 33)
-
Georgia Supreme Court Instructs Federal Courts on Its Habeas Review Process
by Richard Resch
(p 32)
-
Houston Police End Use of Error-Prone Drug Field Tests
by Matthew Clarke
(p 32)
-
After 21-Year Imprisonment, Wrongfully Convicted Nevada Man Pardoned
by Christopher Zoukis
(p 31)
-
First Circuit: Plain Error Standard Met When Trial Court Emphasized Erroneous Jury Instruction
by Dale Chappell
(p 30)
-
New York Court of Appeals: Bail Bondsmen May Not Keep Premium If Defendant Not Released
(p 30)
-
Use of Sentencing Mitigation Videos Grows
by Derek Gilna
(p 29)
-
DNA Evidence: New Jersey Court Vacates Two 1996 Murder Convictions
by Mark Wilson
(p 28)
-
Curb False Confessions: Provide Suspects With Lawyers
by Derek Gilna
(p 28)
-
Fifth Circuit: “Fugitive from Justice” Enhancement Requires Intent to Avoid Prosecution
by Dale Chappell
(p 27)
-
Mississippi Capital Murder Conviction Reversed Due to Prosecutorial Misconduct
by Christopher Zoukis
(p 26)
-
Court of Criminal Appeals of Texas: Holds Trial Objection Enough to Preserve Issue for Appeal
by Dale Chappell
(p 26)
-
$2 Million to Disabled Syracuse Man Tased by Cops
by Dale Chappell
(p 25)
-
Hawaii Supreme Court: Defendants Entitled to Hearing Within 2 Days
by Dale Chappell
(p 25)
-
Seventh Circuit: Capital Case Defendant Denied Pro Se Right Granted Habeas Relief
by Christopher Zoukis
(p 24)
-
Jury Nullification: A Crucial Check on Government Power
by Christopher Zoukis
(p 23)
-
U.S. Murder Clearance Rates Among Lowest in the World
by Matthew Clarke
(p 22)
-
California Legalization of Marijuana Allows Convicted to Petition
by Derek Gilna
(p 21)
-
Second Circuit Vacates 60-Month Sentence in Model Guidelines Sentencing Decision
(p 20)
-
California Court of Appeal: Prejudice “Presumed” Where Jury Discussed Defendant’s Decision Not to Testify
by Dale Chappell
(p 19)
-
Massachusetts Supreme Court: Permanent Ban on Sealing Record of Sex Offender Unconstitutional
by Dale Chappell
(p 18)
-
Rhode Island Supreme Court Rules “Backseat Driver” Is a Real Thing Under Criminal Statutes
by Christopher Zoukis
(p 18)
-
Iowa Supreme Court: Search of Third-Party at Premises Subject to Warrant Violates State Constitution
by Richard Resch
(p 17)
-
Survival Tip: Don’t Call Cops If You’re Disabled
by Dale Chappell
(p 16)
-
San Francisco and San Diego Expunging Marijuana Convictions Under Prop 64
(p 16)
-
Ninth Circuit: Government Cannot Seize Cash Based Solely on Money’s Intended Use
by Christopher Zoukis
(p 15)
-
Unjust Sexual Offense Laws: Insanity and Hope
by Brenda Jones, Ken Abraham
(p 14)
-
Oregon Appeals Court: Defense Counsel Constitutionally Inadequate in Sexual Abuse Case
by Mark Wilson
(p 13)
-
Ninth Circuit Warns Prosecutors Against Interfering With Defendants’ Legal Representation; Reverses First-Degree Murder Convictions
by Richard Resch
(p 12)
-
$5.5 Million Verdict Against LAPD for Taser Death of Former Marine
by Derek Gilna
(p 11)
-
Overworked Missouri Public Defenders Fear Suspensions and Firing
by Mark Wilson
(p 10)
-
Prosecutor’s “Animosity” Toward Defense Leads Oregon Appeals Court to Vacate Convictions
by Mark Wilson
(p 10)
-
$9.5M Settlement Approved by Chicago City Council for Yet Another Excessive Force Case
by Derek Gilna
(p 9)
-
Public Records in Private Accounts Subject to PRA Disclosure
by David Reutter
-
FOIL Exemption Applies to Civil and Criminal Law Enforcement
by David Reutter
-
$25 Million Verdict for Shooting by NY Cop
by David Reutter
-
Florida Sheriff Threatens Arrest of Refugees from Hurricane
by David Reutter
-
Organizations Acting as Government Subject to Public Records, Open Meetings Laws
by David Reutter
January
-
Secret ATF Slush Fund Dispensed Millions
by Christopher Zoukis
(p 41)
-
South Carolina Supreme Cancels Thousands of Bench Warrants Due to Constitutional Violations
by Christopher Zoukis
-
Ohio Supreme Court: Dismissal Without Prejudice Is a Final and Appealable Order
by Dale Chappell
(p 40)
-
The Fair Punishment Project Details an “Epidemic of Brady Violations”
by Christopher Zoukis
(p 39)
-
Misdemeanor Defendants Facing Jail Time Not Told They Have a Right to Counsel, Bar Association Finds
by Topher Sanders
(p 38)
-
Cryptocurrency Leveraged to Help People Make Bail
by Derek Gilna
(p 37)
-
What Is the Number One Duty of a Police Officer?
by Christopher Zoukis
(p 36)
-
Deaths From Police Shootings Outstrip Deaths From Terrorists Attacks, Wars
by Derek Gilna
(p 36)
-
Massachusetts Breathalyzer Malfunctions, Evidence Withheld
(p 35)
-
Fifth Circuit Vacates Sex Offender Supervised Release Conditions
by Mark Wilson
(p 34)
-
Eighth Circuit Reverses Convictions Due to Constructive Amendment of Charges
by Mark Wilson
(p 42)
-
Louisiana Prosecutors’ Traffic Ticket Industry Diverting Funds From Public Defenders
by David Reutter
(p 42)
-
“My Phone Was My Life”—Challenging Warrantless Border Searches of Devices
by Dale Chappell
(p 34)
-
Fourth Circuit Vacates Brady Claim Denial in Capital Case and Rebukes Prosecutors
by Richard Resch
(p 32)
-
10th Circuit Suppresses Evidence Based on Overbroad Protective Sweep Under Buie
by Richard Resch
(p 30)
-
Georgia Hearsay Admissible Under Co-Conspirator Exception
by Mark Wilson
(p 30)
-
Kentucky Supreme Court Clarifies Adoptive Admission Exception to Hearsay Rule
by Christopher Zoukis
(p 28)
-
Colorado Supreme Court: Criminal Defendant Seeking to Fire Paid, Retained Counsel for Court-Appointed Counsel Need Not Show Good Cause
by Christopher Zoukis
(p 28)
-
North Dakota Supreme Court: Warrantless Urine Test Incident to Arrest for DUI Is Unconstitutional Search
by David Reutter
(p 27)
-
Compensating the Exonerated: State Laws Are Arbitrary and Senseless
by Christopher Zoukis
(p 26)
-
Oregon Court Vacates Order Refusing to Seal Arrest Record
by Mark Wilson
(p 26)
-
Vermont Guilty Plea Requires Defendant to Personally Acknowledge Factual Basis for Each Element of the Offenses Charged
by Mark Wilson
(p 25)
-
More Than Half of 2015 Police Killings Not Properly Documented in Government Data
by Christopher Zoukis
(p 24)
-
Massachusetts High Court Vacates OUI Conviction for Improper Jury Instruction in Which Judge Told Jury to Disregard the Absence of Any Sobriety Tests
by Christopher Zoukis
(p 24)
-
50 Alabama Cities Reform Bail Practices for Poor
by David Reutter
(p 23)
-
Eighth Circuit Upholds Warrantless Search of Cellphone Owned by Person on Supervised Release Due to Diminished Expectation of Privacy
by Mark Wilson
(p 22)
-
Government Attempt to Shoehorn Union Activity into Hobbs Act Violation Rejected by First Circuit
by Christopher Zoukis
(p 22)
-
11th Circuit Rules Counsel Deficient for Failing to Challenge “Usable” Amount in Drug Case
by David Reutter
(p 21)
-
Washington Supreme Court Grants Full Evidentiary Hearing for Civilly Committed SVP
by Mark Wilson
(p 20)
-
In Historic Move, 15 Cases Related to Crooked Chicago Cop Thrown Out
by Christopher Zoukis
(p 20)
-
Oregon Supreme Court Rules Warrantless Entry Into Home in Effort to Obtain Nonconsensual BAC Evidence Not Exigent Circumstance
by Mark Wilson
(p 18)
-
Ohio Supreme Court Holds Exclusion of Evidence Inappropriate Remedy for Violation of Knock-And-Announce Principle Where Search Warrant Issued
by Mark Wilson
(p 18)
-
Georgia Supreme Court Reverses Armed Robbery Conviction, Defendant Lacked Dominion
by Dale Chappell
(p 19)
-
Oregon Court of Appeals Rules Defendant’s Motion to Suppress Satisfied Uniform Trial Court Rule 4.060(1)
(p 19)
-
The Insanity Defense: It’s Not What You Think
by Christopher Zoukis
(p 16)
-
Second Circuit: Arrest for Not Leaving Sidewalk Entitled to Qualified Immunity
by Mark Wilson
(p 16)
-
New York Court of Appeals: Criminal Trial Judge Cannot Also Be Sole Appellate Judge
(p 17)
-
$5.5 Million Verdict Against Los Angeles Police Department for Taser Death
(p 15)
-
Equivocal Request for Counsel Requires Police to Seek Clarification of Suspect’s Intent Under Oregon Law
(p 15)
-
Stingray Technology Lets G-Men Into Your Pocket (and Your House, and Your Car...)
by Christopher Zoukis
(p 14)
-
Habeas Hints: Ineffective Assistance of Trial Counsel - Hints for 2018: IAC #1
by Tara Hoveland, Kent Russell
(p 12)
-
Confronting the Myth in Police-Suspect Knife Confrontations
by Derek Gilna
(p 10)
-
Yes, Lawsuits Are Expensive—But So Is Police Misconduct
by Antonio Romanucci
(p 11)
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$44.7 Million Awarded to Man Shot by Intoxicated Chicago Police Officer With Troubled History
by Derek Gilna
(p 10)
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District Attorney in New York and Aide Indicted for Covering up Beating by Police Chief
by Derek Gilna
(p 9)
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From the Editor
by Richard Resch
(p 8)
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Eighth Circuit: Illinois Burglary Conviction Not Valid Predicate Offense for ACCA Purposes
(p 7)
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News in Brief
(p 43)
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Have the Wars on Drugs and Terror Transformed the U.S. Into a Police State?
by Derek Gilna
(p 1)
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Eighth Circuit Holds Missouri Police Not Entitled to Immunity in Wrongful Death Suit
by Edward Lyon
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Sex Registries as Modern-Day Witch Pyres: Why Criminal Justice Reform Advocates Need to Address the Treatment of People on the Sex Offender Registry
by Guy Hamilton-Smith
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Absurd, Abusive, and Outrageous: The Creation of Crime and Criminals in America
by Christopher Zoukis
(p 1)
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Faulty Forensics and Lab Scandals Highlight Urgent Need for Enforceable Scientific Standards
by Matthew Clarke
(p 1)
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Federal Circuit: Reasonable Suspicion Required to Search Prison Employee's Car
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Sex Offender Registries: An Easy Sell, But Do They Work?
by Christopher Zoukis
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Texas Judge Resigns Over Speeding Ticket Quota
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2015 Deportations Dropped to Lowest Since 2006
by Derek Gilna
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California Mugshot Extortion Fee Claims Survive Anti-SLAPP Dismissal
by Mark Wilson
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Ninth Circuit: Non-Citizen Detainees Entitled to Automatic Bond Hearings
by Mark Wilson
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San Diego "Predator Free Zones" Struck Down by California Supreme Court
by Christopher Zoukis