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Archive: 2019
December
November
-
NYPD Creating Petty Crimes to Lock People Up
by Dale Chappell
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Unlike Emoticons, Human Emotions Are Difficult to Interpret
by Edward Lyon
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News in Brief
(p 42)
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$750,000 Settlement for St. Louis County Cops Shooting Dog
by Jayson Hawkins
(p 42)
-
The Two-Edged Sword of DNA Exonerates Another Prisoner
by Edward Lyon
(p 41)
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National Fingerprint Database Frees Man After 36 Years
by Jayson Hawkins
(p 41)
-
Free Speech Is Sometimes Expensive
by Edward Lyon
(p 40)
-
New York City Cops Can Always Tell by Just the Smell
by Edward Lyon
(p 40)
-
Man Freed Who Sat in Prison Nearly 30 Years While Prosecutors Withheld Evidence of Innocence
by Dale Chappell
(p 39)
-
Payouts for Police Misconduct Claims Rise While Number of Claims Appear to Fall
by Douglas Ankney
(p 39)
-
Michigan Supreme Court Reverses Criminal Sexual Conduct Convictions in Two Consolidated Cases Due to Improperly Admitted Expert Testimony
by Douglas Ankney
(p 38)
-
High Bail Amounts Lead to Sharp Increase in Franklin, PA, Jail Population
by Dale Chappell
(p 38)
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New Law Makes It Harder for California’s Cops to Get Away with Killing People
by Douglas Ankney
(p 37)
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Not Guilty but Punished Anyway
by Douglas Ankney
(p 37)
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Maryland Court of Appeals Announces Circuit Court Retains Authority to Exercise Its Revisory Power for Up to Five Years After Granting Belated Postconviction Motion
by Douglas Ankney
(p 36)
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Indiana Supreme Court: Postconviction Petition Addressing Only Issues From New Trial, New Sentencing, or New Appeal From Federal Court via Habeas Proceedings Is Not a Second Petition Under State Law
by Douglas Ankney
(p 36)
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Ninth Circuit: Federal Sentencing Court Must Hear Defendant Before Determining If Acceptance of Responsibility Reduction Applies
by David Reutter
(p 35)
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Sixth Circuit Grants § 2254 Habeas Relief in Unusual Case of Attorney Failing to Initiate Plea Negotiations
by Douglas Ankney
(p 34)
-
Law Professor Peeks at Prosecutor’s Veiled DNA Database
by Douglas Ankney
(p 34)
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Fifth Circuit: Practices of Orleans Parish Judges in Collecting Fines and Fees Violates Due Process
by Douglas Ankney
(p 33)
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Seventh Circuit Vacates Conviction and Remands for a Franks Hearing
by Douglas Ankney
(p 32)
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California Supreme Court Holds Discovery Statute Requiring ‘Good Cause’ Not Applicable When Evidence Held by Court
by Dale Chappell
(p 32)
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Minnesota Supreme Court Announces Heightened Pleading Standard for Birchfield/Johnson Claims Raised in Collateral Postconviction Proceedings
by Douglas Ankney
(p 31)
-
Missouri Supreme Court Clarifies Defendant Is Entitled to Self-Defense Instruction When Substantial Evidence Supports Instruction Regardless of Whether Defendant Presented Evidence Contrary to Self-Defense
by Douglas Ankney
(p 30)
-
Ninth Circuit Reverses Convictions Where Trial Court Failed to Provide Oral Jury Instructions
by Chad Marks
(p 30)
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Tenth Circuit: ‘Relevant Background Law’ Trumps Unclear Record in Granting § 2255 Relief From Johnson Error
by Michael Berk
(p 29)
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Another notable (but ultimately disappointing) ruling about sentence reductions under § 3582(c)(1)(A) after FIRST STEP Act
by Professor Douglas A. Berman
(p 28)
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Maryland Court of Appeals Abrogates Rule Requiring Corroboration of Accomplices’ Testimony and Announces New Rule
by Douglas Ankney
(p 27)
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In Landmark Opinion, Colorado Supreme Court Announces Courts May Not Sentence Defendant to Both Prison and Probation in Multi-Count Cases
by Richard Resch
(p 26)
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9th Circuit: Sentence Under 18 U.S.C. § 3583(k) Violated Ex Post Facto Clause When Underlying Offense Was Committed in 2005
by Douglas Ankney
(p 24)
-
California Supreme Court: Where Electronics Search Condition of Probation Is Not Reasonably Related to Future Criminality, Condition Is Invalid
by Douglas Ankney
(p 22)
-
Risk Assessments in Cook County Ineffective
by Jayson Hawkins
(p 22)
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$2.4 Million Paid by Sacramento in Wrongful Death Suit of Stephon Clark
by Kevin Bliss
(p 21)
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Second Circuit: Federal Habeas Relief Warranted Where State Trial Court’s Evidentiary Rulings Deprived Defendant of Right to Present a Complete Defense
by Douglas Ankney
(p 20)
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South Carolina Supreme Court Grants New Trial Based on IAC Because of Botched Alibi Defense
by Dale Chappell
(p 20)
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Massachusetts Supreme Court Suppresses Evidence Obtained After Miranda Warnings Translated into Spanish Deemed Incapable of Conveying Meaningful Advice
by David Reutter
(p 19)
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Civil Death Laws: When Life is Death
by Jayson Hawkins
(p 18)
-
10th Circuit: Child Porn Stored on Multiple Devices Constitutes One Count of Possession Under 18 U.S.C. § 2252A(a)(5)(B)
by Douglas Ankney
(p 18)
-
Tell Me What I Want to Hear, Not What I Need to Hear: How Confirmation Bias Causes Wrongful Convictions
by Dale Chappell
(p 16)
-
Flaws in Mobile Phone Records Free Danish Prisoners
by Jayson Hawkins
(p 15)
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Second Circuit Clarifies Conditions for Releasing a Defendant on Bail to Home Detention With Private Armed Security Guards
by Douglas Ankney
(p 14)
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Eighth Circuit Vacates Sentence for Improper Supervision Length After ACCA Enhancement Removed
by Anthony Accurso
(p 14)
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Oregon Supreme Court Explains PCR ‘Escape Clause’ Availability for Untimely Filed Petitions
by Mark Wilson
(p 12)
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Roadmap for Filing a Second or Successive § 2255 Motion Under Davis
by Dale Chappell
(p 10)
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Law Crazy, Government’s Insatiable Desire to Criminalize All Facets of Life
by Edward Lyon
(p 9)
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Why Juries Need Expert Help Assessing Jailhouse Informants
by Alexandra Natapoff
(p 8)
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Massachusetts Supreme Court Suppresses Evidence Obtained Following Illegally Prolonged Traffic Stop, Orders New Trial
by Douglas Ankney
(p 6)
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How the Secretive 'Discipline' Process for Federal Prosecutors Buries Misconduct Cases
by Shawn Musgrave, Samata Joshi, Brooke Williams
(p 1)
October
September
August
July
-
Scientific Experts Urge Forensic Experts to Be More Objective
by Dale Chappell
-
News in Brief
(p 42)
-
Record Number of Exonerations Prompts Michigan AG to Create Conviction Integrity Unit
by Douglas Ankney
(p 42)
-
$21 Million Settlement for Wrongfully Convicted Man Released After 39 Years in Prison
by Douglas Ankney
(p 42)
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Police, Prosecutor Misconduct Continues Unabated as Evidenced by Record Number of Exonerations in 2018
by Douglas Ankney
(p 41)
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Report: Google Can Track You Even When Your Phone’s Off
by Anthony Accurso
(p 41)
-
New York Court of Appeals: Jury Trial Right Attaches to Deportable Crimes Punishable by Less Than Six Months in Jail
by David Reutter
(p 40)
-
$270,000 Awarded to Grandmother Brutalized by Pennsylvania Cops
by Edward Lyon
(p 40)
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$1 Million Settlement for NYC Crime Lab Tech Who Blew Whistle on Use of Untested DNA Tests for Decades
by Edward Lyon
(p 39)
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Wisconsin Supreme Court Holds That Statute Doesn’t Require Habeas Petitioner to Plead Timeliness, Overruling Smalley v. Morgan
by Douglas Ankney
(p 38)
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Report Finds Lack of Reporting on Deaths in Law Enforcement Custody, Even After Landmark Legislation
by Steve Horn
(p 38)
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Study Details the Effect of Brain Scan Evidence on Sentencing
by Anthony Accurso
(p 37)
-
NYC Program Helps Former Prisoners Realize Their Dream
(p 37)
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‘They need to be marked for life’
by Sandy Rozek
(p 36)
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The FBI Polices Itself Like Kids Guarding a Candy Store
by Edward Lyon
(p 36)
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Fifth Circuit: Confrontation Clause Violated When Officer’s Testimony Relates Incriminating Information Received From Non-Testifying Informant
by Douglas Ankney
(p 35)
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Eighth Circuit Overlooks Procedural Default, Orders Immediate Release From Excessive ACCA Sentence Based on Prior Sex Offense
by Michael Berk
(p 34)
-
New York City’s Bail Success Story
by Bill Barton
(p 34)
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Ninth Circuit: Running From Police Alone Doesn’t Give Rise to Reasonable Suspicion Justifying Stop and Frisk
by Douglas Ankney
(p 32)
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Georgia Supreme Court Announces New Evidence Code Abrogates Categorical Exclusionary Rule of Mallory
by Douglas Ankney
(p 32)
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Under Marsy’s Law, Police Using Violence Can Claim ‘Victim’ Status
by Edward Lyon
(p 32)
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Private Citizens Carrying Guns Commit Fewer Crimes Than Cops
by Douglas Ankney
(p 31)
-
Massachusetts Supreme Court: Discharge From Civil Commitment
Required When Examiners Conclude Defendant Is Not Sexually Dangerous
by Douglas Ankney
(p 30)
-
FAMM, Washington Lawyers’ Committee, NACDL Launch Compassionate Release Clearinghouse
(p 30)
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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
(p 29)
-
West Virginia Supreme Court Announces Parole Eligibility Statute for Prisoners Who Committed Crimes as Minors is Retroactive
by Douglas Ankney
(p 28)
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California Supreme Court: Prop 47 Requires Dismissal of Conviction Based on a Predicate Felony That Is Later Reduced to a Misdemeanor
by Douglas Ankney
(p 28)
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Hawai’i Supreme Court Remands for Resentencing Where Circuit Court Considered Defendant’s Refusal to Admit Guilt in Imposing Consecutive Sentences
by Douglas Ankney
(p 27)
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Maryland Court of Appeals Rules That Courts Must Ask Non Compound ‘Strong Feelings’ Question Upon Request During Voir Dire
by Douglas Ankney
(p 26)
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Fourth Circuit: Cannot Substitute Career Offender Predicate on Collateral Review
by Anthony Accurso
(p 26)
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Court Extends McQuiggin Actual Innocence Exception to Defaulted Legal Claim, Vacates § 924(c) Conviction
by Dale Chappell
(p 25)
-
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
(p 24)
-
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
(p 24)
-
Court Reporters Likely Fail to Accurately Transcribe Testimony for Speakers of ‘African American English’
by Anthony Accurso
(p 22)
-
Bucklew v. Precythe
by Michael Avery
(p 22)
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From the Editor: Compassionate Release for Extraordinary and Compelling Reasons
by Richard Resch
(p 18)
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Parole a Detriment to Rehabilitation; ‘Less Is More’ Reform Sensible
by Kevin Bliss
(p 17)
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Minnesota Supreme Court Holds ‘Stalking-by-Mail’ and ‘Mail-Harassment’ Statutes are Facially Overbroad
by Douglas Ankney
(p 16)
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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
(p 16)
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‘DNA Mixtures,’ ‘Touch DNA,’ and Software-Enhanced Forensic DNA Analysis
by Michael Berk
(p 14)
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Sixth Circuit Holds Chalking Car Tires for Parking Enforcement Constitutes a Search Under Fourth Amendment
by Matthew Clarke
(p 14)
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SCOTUS Announces Death of ‘Categorical Approach’ by Invalidating 18 U.S.C. § 924(c)(3)(B) as Unconstitutionally Vague
by Richard Resch
(p 12)
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Massachusetts Supreme Judicial Court: Consent to Search Does Not Attenuate Seized Evidence From Taint of Illegal Search of CSLI
by Douglas Ankney
(p 10)
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Exonerations: From Wrongful Conviction to Release and Beyond
by Edward Lyon
(p 1)
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Miranda Violation Required Suppression of Oregon BAC Results
by Mark Wilson
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Possibility of Oregon Supreme Court Review Determined by Objective Considerations, Not Affidavits from Justices for IAC Prejudice
by Mark Wilson
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Wrongful Death Suit Highlights 'Pattern' of Oregon Police Shooting Mentally Ill Homeless People
by Mark Wilson
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Oregon Crime Victims and Prosecutors Lose Fight to Bulletproof Draconian Sentencing Law
by Mark Wilson
-
Oakland Police Department, of Officer-Involved Shooting, ‘Disappointing and Myopic’
by Kevin Bliss
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Tenth Circuit Discusses Standards for Armed Career Criminal Classification
by David M. Reutter
-
California’s Bail Reform Law Stymied by Big Business
by Edward Lyon
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Idaho: ACLU Files Suit That Reveals Officials Misled Public About Costs Associated With Executions In State
by Chad Marks
-
Ohio Police Shoot Teen, Charge Girlfriend with his Murder
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Snohomish County Pays $1 Million Settlement in Death of Man in Chemical Cloud
by Douglas Ankney
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Groups Challenge Face Recognition Algorithm in Florida Case
by Kevin Bliss
June
-
FAMM, Washington Lawyers’ Committee, NACDL Launch Compassionate Release Clearinghouse
by FAMM
-
Unanimous Vermont Supreme Court Finds State Liable for Discriminatory Search and Seizure
by Matthew Clarke
-
Taxpayers Foot Bill After Man Beaten by Cops and Ignored by CMC Loses Leg
by Dale Chappell
-
Study Questions the Reliance on Comparison Testimony at Trial
by Dale Chappell
-
Federal Court Upholds Antiquated Virginia Law Allowing Jail Time for Being Near Alcohol
by Dale Chappell
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Caught by the Hair: New Forensic Tool Could Differentiate People
by Douglas Ankney
-
Florida Judge Rejects ‘Slap on the Wrist’ Sentencing
by Kevin Bliss
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Wrongfully Convicted Detroit Man Who Spent 25 Years in Prison Files $125M Suit Alleging Detective Falsified Evidence
by Chad Marks
-
Police, Prosecutors Use Asset Forfeitures to Lease SUVs, Customize Motorcycles, Install WiFi at Home, and More
by Douglas Ankney
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It’s Bad Journalism to Take Cops at Their Word
by Matthew McLoughlin
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Arizona Man Faces Deportation After Filing Lawsuit Against Coconino County Sheriff
by Lauren Gill
-
Supreme Court Declines Deciding Whether Parking Violation Justifies Seizure of Vehicle
by Matthew Clarke
-
News in Brief
(p 42)
-
Another Life Ruined as a Result of a Bad Cop and Failure to Follow Policy
by Douglas Ankney
(p 42)
-
Stop Peeking Inside the Black Box
(p 41)
-
Over a Year After Cook County Bail Reform, Jails Are Still Full
by Dale Chappell
(p 41)
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$250,000 Awarded to Woman Who Spent 96 Days in Jail
by Douglas Ankney
(p 41)
-
Getting Rid of the ‘X’
by Jayson Hawkins
(p 40)
-
FBI Using Private Ancestry Databases to Zero in on Suspects
by Edward Lyon
(p 40)
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Misconduct Suits Against New York City Police Department on the Rise
by Douglas Ankney
(p 39)
-
Study: Technology Creates and Embeds Bias in the Criminal Justice System
by Douglas Ankney
(p 39)
-
Modern Forensics Findings Not Always 100 Percent Reliable
by Edward Lyon
(p 38)
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Police Want Unfettered Access to Consumer DNA Databases
by Kevin Bliss
(p 38)
-
Court’s in Session: The Honorable Algorithm Presiding
by Douglas Ankney
(p 37)
-
Prosecutors Use Blacklists to Keep Dishonest Officers out of the Courtroom
by Kevin Bliss
(p 37)
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Taking Pictures in the Dark: Florida Police Not Forthcoming About Investigations Using Facial Recognition Software
by Douglas Ankney
(p 36)
-
Killer Cops and Vilified Victims
by Jayson Hawkins
(p 36)
-
Ohio Mayor’s Courts Are Huge Sources of Unjust Revenues
by Edward Lyon
(p 35)
-
In a Rare Move, California Court of Appeal Discharges Prisoner from All Forms of Custody, Including Parole, After Finding Time Served in Prison Grossly Disproportionate to His Offense
by Douglas Ankney
(p 34)
-
Fourth Circuit Tosses Evidence Discovered by Illegal GPS Tracker
by Dale Chappell
(p 34)
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Hawai’i Supreme Court: Cumulative Effect of Multiple Instances of Prosecutorial Misconduct Requires Reversal
by Douglas Ankney
(p 32)
-
D.C. Circuit Holds Expert’s False Testimony ‘Material,’ Allowing Challenge to Four-Decade-Old Murder Conviction
by Dale Chappell
(p 32)
-
Ninth Circuit Rules Robbery Committed Alone by Gang Member Not Enough for California Gang Enhancement, Despite Testimony of Gang Expert
by Dale Chappell
(p 31)
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Fourth Circuit Rules Assault on Government Official Under North Carolina Statute Not a ‘Crime of Violence’
by Chad Marks
(p 30)
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Eighth Circuit: Forfeited Claim of Miscalculated Criminal History Score Is Reviewable Under Plain Error Standard
by Douglas Ankney
(p 30)
-
Violence in the House: Studies Find Cops’ Families Live Dangerous Lives
by Edward Lyon
(p 33)
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Ohio Supreme Court: Plea Defendant Must Be Informed of Maximum Penalty for Postrelease-Control Violation Prior to Pleading Guilty to a New Felony
by David Reutter
(p 28)
-
Police Avoid Negative Publicity by Routinely Withholding Body-Cam Footage
by Kevin Bliss
(p 28)
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Indiana Supreme Court: IAC Where Lawyer Marks ‘Not Applicable’ to Immigration Consequences Warning on Court’s Advisement Form Without Knowing Client’s Immigration Status
by David Reutter
(p 27)
-
New Jersey Supreme Court Holds Months-Long Delay Between Interrogations Not a ‘Break in Custody’ to Avoid Miranda Rights for Pretrial Detainee
by Dale Chappell
-
Hawai’i Supreme Court Announces New Rule Requiring Tachibana Colloquy in All Trials
by Douglas Ankney
(p 26)
-
Kansas Supreme Court: Correcting Illegal Sentence After Fully Served Violates Prohibition Against Double Jeopardy
by Matthew Clarke
(p 29)
-
Missouri Supreme Court Issues Writ of Prohibition Prohibiting Circuit Court From Revoking Probation After Probation Term Had Already Expired
by Douglas Ankney
(p 25)
-
Forced Self-Incrimination
by Larry N.
(p 24)
-
Second Circuit Holds Government’s Misleading Disclosure of Inculpatory Statement Requires New Trial
by Dale Chappell
(p 24)
-
Prosecutorial Power Used Too Often to Stop Prisoners From Getting Second Chance at Life
by Chad Marks
(p 23)
-
11th Circuit Holds Conviction Under Georgia’s Aggravated Assault Statute Is Not a ‘Crime of Violence’ When Based Upon a Mens Rea of Recklessness
by Douglas Ankney
(p 22)
-
Attempted Felony-Murder Is Not a Cognizable Crime in West Virginia
by Douglas Ankney
(p 22)
-
Arkansas Supreme Court Rules Justification Defense Available When Charged With Manslaughter
by David Reutter
(p 21)
-
Washington Supreme Court Rules Attenuation Doctrine Inapplicable Where Police Illegally Seize Person Followed by Ferrier Warnings and Consent to Search, Evidence Must Be Suppressed
by Douglas Ankney
(p 20)
-
Fifth Circuit Rules Evidence of Counsel’s Dual Representation of Defendant and Codefendant Results in Possible Actual Conflict of Interest Requires Evidentiary Hearing
by Dale Chappell
(p 20)
-
North Dakota Supreme Court Reinstates Postconviction Relief Application Dismissed Without Notice of Motion for Summary Disposition
by Matthew Clarke
(p 19)
-
Oregon Supreme Court: State Constitution Requires Warrant to Specify When Internet Searches Occurred
by Mark Wilson
(p 18)
-
Maryland Court of Appeals Holds Valid Prescription Constitutes ‘Verbal Act’ Thus Not Barred From Evidence as Hearsay When Basis for Statutory Defense
by Dale Chappell
(p 18)
-
Second Circuit Rules District Court Improperly Denied Coram Nobis Petition Claiming Ineffective Assistance of Counsel
by Douglas Ankney
(p 16)
-
Massachusetts Supreme Judicial Court Announces in Case of First Impression That Police Causing Cellphone to Reveal Its Real Time Location Is a Search Under State Constitution
by Douglas Ankney
(p 16)
-
Eighth Circuit Finds Child Porn Sentence ‘Substantively Unreasonable’
by Dale Chappell
(p 15)
-
Fourth Circuit Rules Government Breached Plea Agreement When It Failed to Honor Its Drug Conduct Stipulation at Sentencing
by Chad Marks
(p 14)
-
Compelled Decryption Primer
by National Association of Criminal Defense Lawyers Fourth Amendment Center
(p 12)
-
Illinois Enacts Youthful Parole for Some
by Clifford Powers
(p 11)
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Judge Weinstein Holds that an Appeal Waiver Provision in a Plea Agreement that Seeks a Waiver of All Collateral Rights Is Impermissible Under the Constitution Unless it Specifically Enumerates All Exceptions Required by Law So that a Defendant Has Notice
by Punch & Jurists
(p 10)
-
Ninth Circuit: Washington State Accomplice Liability Drug Offenses Not ACCA Predicates
by Mark Wilson
(p 9)
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Locking Up Drug ‘Dealers’ to Save Users Doesn’t Make Anyone Safer
by Alyssa Stryker
(p 8)
-
Jury Takes Just 9 Minutes to Find Man Who Blared ‘F--k tha Police’ Toward Cops Not Guilty
by Dale Chappell
(p 7)
-
Policing for Profit: Justice Reformers Chip Away at Civil Asset Forfeiture
by Noreen Marcus
(p 1)
-
‘They need to be marked for life’
by Sandy Rozek, Sandy
-
Legal limitations constrain Texas death penalty case
by Edward Lyon
May
-
"I’m a child rapist” — a story in four parts
-
Forced Self-Incrimination
by Larry N.
-
Insurance Companies Make $1000 For Each Speed Camera Ticket
-
Some Texas Judges Not Complying with State Law on Misdemeanor Cases
by Edward Lyon
-
New Hampshire Death Penalty Repealed
-
News in Brief
(p 42)
-
Using Technology to Erase Old Pot Convictions is the Buzz in Los Angeles
by Douglas Ankney
(p 41)
-
Criticizing Cops is a Criminal Act in Many States
by Edward Lyon
(p 41)
-
Illinois Data Collection Law Set to Expire; Collected Data Reveal Police Target Black and Latino Drivers
by Douglas Ankney
(p 41)
-
The Many Pitfalls Associated With Police Lineups
by Edward Lyon
(p 40)
-
Tennessee Legislature’s Investigation Finds Inadequate Supervision of Private Probation
by Derek Gilna
(p 40)
-
If You’re Unlucky or Black, Your Prison Sentence Could Be 63 Percent Longer
by Douglas Ankney
(p 39)
-
Prosecutors Regret Man’s Wrongful Conviction in 1983 Florida Rape and Murder
(p 39)
-
New York Court of Appeals: Jury Trial Right Attaches to Deportable Crimes Punishable by Less Than Six Months in Jail
by David Reutter
(p 38)
-
Ninth Circuit: Habeas Petitioner Need Only Show That IAC Claims Are Substantial to Excuse Procedural Default Under Martinez
by Chad Marks
(p 37)
-
Pennsylvania Governor Signs Into Law New Bills to Help Convicts, Extends Postconviction Filing Time Limits
(p 37)
-
Don’t Shoot the Dogs: The Growing Epidemic of Cops Shooting Family Dogs
by John W. Whitehead
(p 36)
-
Dallas County Judge’s ‘Blank Check’ Warrant Questioned; Case Dismissed
by Dale Chappell
(p 35)
-
Ninth Circuit: Washington State Accomplice Liability Drug Offenses Not ACCA Predicates
by Mark Wilson
(p 34)
-
McDNA: The DNA Testing Equivalent to Fast Food
by Edward Lyon
(p 34)
-
Kansas Supreme Court Overturns Sentence for Vindictiveness
by Anthony Accurso
(p 34)
-
Eighth Circuit: Misprision of Felony Conviction of Participant in Underlying Felony Violates Fifth Amendment
by Douglas Ankney
(p 33)
-
DEA Used Decades of Warrantless Phone Data in Building Parallel Construction Cases
by Steve Horn
(p 32)
-
Sixth Circuit Holds IAC When Counsel Fails to Warn of Possibility of Deportation as Result of Plea Bargain
by Dale Chappell
(p 31)
-
Oregon Supreme Court: State Prohibited From Introducing Breath Test Refusal as Evidence of DUI
by Mark Wilson
(p 30)
-
Intoxicated Driving Convictions for Non-Drinking Drivers
by Edward Lyon
(p 30)
-
Appointed Defense Lawyers, Public Defenders: Overworked, Underpaid, Ineffective
by Edward Lyon
(p 28)
-
Supreme Court of Delaware: Lawyer’s Mere Presence the Day of Trial Violates Sixth Amendment Under Cronic Standard
by Chad Marks
(p 28)
-
Sixth Circuit Rejects Kentucky Supreme Court’s Ruling That Defendant-Lawyers Are Never Without Counsel and Not Entitled to Faretta Hearing
by Dale Chappell
(p 27)
-
NJ Supreme Court: Failure to Advise Suspect of Pending Charges Before Waiver of Right Against Self-Incrimination Requires Suppression of Statements
by Douglas Ankney
(p 26)
-
First Circuit Vacates Revocation Sentence for Improperly Considering Rehabilitation
by Anthony Accurso
(p 26)
-
Eighth Circuit Vacates Supervised Release Conditions Prohibiting Alcohol Consumption and Setting Curfew Not Contained in Plea Agreement
by Matthew Clarke
(p 25)
-
Knowing Sexual Offense Facts Important; Paying Attention to Them Critical
by Sandy Rozek
(p 23)
-
Second Circuit Rules 68-Month Delay Violates Speedy Trial Clause
by Douglas Ankney
(p 23)
-
Pennsylvania District Court Explores the Growing Conflict Between Federal Laws, Which Still Prohibit the Use of Any Amounts of Marijuana, and State Laws, Which Increasingly Authorize the Use of Medical Marijuana and Decriminalize the Use of Small Amounts
by Punch & Jurists
(p 22)
-
When Prosecuting Crimes by Police, Feds Appear to Move Slowly
by Edward Lyon
(p 21)
-
Unreasonable Delay in Obtaining Search Warrant after Lawful Seizure Requires Suppression of Evidence, Announces Georgia Supreme Court
by Douglas Ankney
(p 20)
-
Fourth Circuit: 9-Year Increase in Guidelines Range Due to Misclassification as Career Offender Warrants § 2241 Petition to Be Heard on Merits When § 2255 Relief Unavailable
by David Reutter
(p 20)
-
Georgia Supreme Court Says Visually Impaired Defendant Entitled to Appointment of a Reader
by Douglas Ankney
(p 19)
-
The Holloway Doctrine and First Step Act: Federal Judge Issues Order Urging Government to Dismiss One of Two 18 U.S.C. §924(c) Stacking Convictions
by Chad Marks
(p 18)
-
Portion of Illinois Sex Offender Law is Unconstitutional
by Douglas Ankney
(p 17)
-
Third Circuit: Reason for Continuance Must be Given to Exclude Delay from 70-Day Limit of Speedy Trial Act or Dismissal of Indictment
by Douglas Ankney
(p 16)
-
First Circuit: FBI’s Ruse Claiming National Emergency to Obtain Consent to Search Held Unlawful
by Douglas Ankney
(p 15)
-
Illinois Supreme Court: Warrantless Dog Sniff of Apartment Front Door in Locked Building Violates Fourth Amendment
by David Reutter
(p 15)
-
Fourth Circuit Rules District Court Must Provide Individualized Rationale When Denying Motion for Sentence Reduction
by Douglas Ankney
(p 14)
-
Suspected Mishandling of DNA Tests Puts Cases on Hold in Fort Worth, Texas
by Michael Berk
(p 14)
-
Misconduct by prosecutors is rampant — how do we deter it?
by Mike Fawer
(p 12)
-
Nebraska’s Beatrice Six Will Collect $28.1 Million Jury Award
by Edward Lyon
(p 11)
-
Connecticut Supreme Court Rejects Davis and Announces State Constitution Requires Police to Clarify Ambiguous Request for Counsel Before Continuing Interrogation
by Douglas Ankney
(p 10)
-
Habeas Hints: Discovery on Habeas Corpus
by Tara Hoveland, Kent Russell
(p 8)
-
Flipping the Bird, Even Toward a Cop, Is a Constitutionally Protected Right
by Douglas Ankney
(p 7)
-
Prosecutors Dropping Child Porn Charges After Software Tools Are Questioned
by Jack Gillum
(p 1)
April
-
New Mexico AG’s 4-Year Non-Disclosure of Public Records Triggers $100 a Day Statutory Damages
by Mark Wilson
-
$25,000 Settlement Over Connecticut False Arrest and Malicious Prosecution Claims
by Mark Wilson
-
$160,000 Paid by Norwalk, Connecticut, to Settle Police Beating of COPD Patient
by Mark Wilson
-
California Police Unions Balk at New Law Requiring Transparency in Officer-Involved Shootings and Use-of-Force Incidents
by Chad Marks
-
News in Brief
(p 42)
-
Florida Deputy Falsifies Drug Field-Test Results, Freeing 11 From Jail
by Edward Lyon
(p 42)
-
Police Not Required to Protect; Are They Required to Serve?
by Matthew Clarke
(p 41)
-
Delaware Supreme Court: ‘The Sixth Amendment Demands More Than the Presence the Morning of Trial of a Warm Body With a Law Degree’
by Douglas Ankney
(p 40)
-
Deadly Force Mindset as Justifiable Defense Questioned
by Kevin Bliss
(p 40)
-
L.A. County Wipes Out Almost $90 Million in Debt for Juvenile Detention Fees
by Dale Chappell
(p 39)
-
Federal Judge Rules Massachusetts Law Banning Secretly Recording Police in Public Is Unconstitutional
by Dale Chappell
(p 39)
-
Fourth Circuit Holds 18 U.S.C. § 924(c)(3)(B) is Unconstitutional
by Douglas Ankney
(p 38)
-
In Washington State, a Man’s Home Is No Longer His Castle
by Edward Lyon
(p 38)
-
New Jersey Board Finds Suspending Drivers’ Licenses Because of Failure to Pay Court Fines Doesn’t Work
by Dale Chappell
(p 37)
-
Fourth Circuit: District Court Must Provide Rationale When Denying Motion for § 3582(c)(2) Sentence Reduction
by Douglas Ankney
(p 36)
-
D.C. Circuit Holds Attempted Drug Offenses Do Not Count Toward Career Criminal Designation
by Matthew Clarke
(p 36)
-
Pennsylvania Supreme Court Rules as a Matter of 1st Impression That Mother’s Use of Opioids During Pregnancy Not Child Abuse
by Chad Marks
(p 35)
-
Fourth Circuit: Unreasonable Post-Seizure Delay in Obtaining Warrant Requires Suppression of Evidence
by Douglas Ankney
(p 34)
-
California Supreme Court Rules That Defense Counsel Can’t
Agree to Stipulation That’s Tantamount to Guilty Plea Without Voluntary and Intelligent Waiver by Defendant
by Derek Gilna
(p 34)
-
Creation of Prosecutorial Watchdog in New York Spotlights Distinction Between Misconduct and Unfair Conduct
by Michael Berk
(p 33)
-
Georgia Supreme Court Announces Statute Mandating Lifetime GPS Monitoring of ‘Sexually Dangerous Predator’ Even After Completion of Sentence Is Facially Unconstitutional
by Douglas Ankney
(p 32)
-
Fifth Circuit Rules Miscalculation of Guidelines Sentencing
Range Plain Error That Merits Correction Even Though Not Raised by Defendant
by Chad Marks
(p 32)
-
Prosecutors Have the Power to Stop Bad Roadside Drug Tests From Ruining People’s Lives
by Sagiv Galai
(p 30)
-
Former New Jersey Police Chief Faces Rare Federal Hate Crime Charges
(p 30)
-
Cops Seize Almost $150,000 from Black Musician for Not Using His Turn Signal
by Dale Chappell
(p 29)
-
Ninth Circuit Vacates a Sentence Imposed for Violation of Supervised Release Because the District Court Failed to Disclose to the Defendant the Probation Officer’s Confidential Sentencing Recommendations
(p 28)
-
Fourth Circuit: South Carolina Conviction for Assaulting, Wounding, or Beating Officer While Resisting Arrest Is Not Predicate Violent Felony Conviction Under ACCA
by Douglas Ankney
(p 28)
-
Legal Aid Society Counters NYC Police Misconduct With New Database
(p 27)
-
Florida Cop Found Guilty of Killing Stranded Driver, a First in 30 Years in State
(p 27)
-
Second Circuit: Government’s Misleading Disclosure Warrants New Trial
by Douglas Ankney
(p 24)
-
Facial Recognition Gives Police Easier Access to Cellphones
by Dale Chappell
(p 24)
-
Why Brady Lists Still Don’t Work
by Douglas Ankney
(p 23)
-
Abolishing the Death Penalty Leads to Decline in Murders
by Douglas Ankney
(p 23)
-
Fourth Circuit Reverses Dismissal of Habeas and Remands for Hearing on Actual Innocence Claim
by Douglas Ankney
(p 22)
-
Federal Judge Denies Qualified Immunity for Cops Who Detained Motorist for Giving Them the Finger
by Dale Chappell
(p 22)
-
Seventh Circuit: Failure to Disclose that Star Witness Was Hypnotized is 'Brady' Violation
by Douglas Ankney
(p 20)
-
Georgia Supreme Court: Statutes Permitting a Defendant’s Refusal to Submit to Breath Tests to Be Admitted into Evidence Are Unconstitutional
by Douglas Ankney
(p 20)
-
Pennsylvania Supreme Court Retroactively Applies Birchfield, Holding that Enhanced Criminal Penalties for Refusing Warrantless Blood Tests are Unconstitutional
by Douglas Ankney
(p 19)
-
First Circuit: Failure to Prove a Prior Conviction Was a ‘Controlled Substance Offense’ Under the Guidelines Requires Resentencing
by Douglas Ankney
(p 18)
-
Fourth Circuit Announces Reasonably Foreseeable Acts of Co-Conspirators Not Sufficient for Fleeing Sentence Enhancement Under U.S.S.G. § 3C1.2
by David Reutter
(p 18)
-
California Supreme Court: Competence Hearing Required When Formerly Incompetent Defendant Quits Taking Psychotropic Medication and Exhibits Signs of Incompetence
by David Reutter
(p 17)
-
SCOTUS: Presumption of Prejudice Recognized in Flores-Ortega Applies Regardless of Defendant’s Appeal Waiver
by Douglas Ankney
(p 16)
-
California Governor Announces Moratorium on Capital Punishment
by Bill Barton
(p 15)
-
Arrests Do Not Necessarily Represent Solved Crimes
by Edward Lyon
(p 14)
-
Expert Report Urges Changes to Forensic Analysis in Courtrooms
by Dale Chappell
(p 14)
-
Misconduct in the Forensic Science Community Reveals Urgent Need for Greater Oversight
by Kevin Bliss
(p 13)
-
Q&A: Ineffective Assistance of Counsel: Which Errors Are Worth Pursuing?
by Dale Chappell, Brandon Sample
(p 12)
-
Texas Misuses Privacy Law to Withhold In-Custody Death Information
by Edward Lyon
(p 11)
-
Plea Bargaining: Prosecutors Leave Trail of Injustice When Playing Hardball with Defendants
by David Reutter
(p 1)
March
-
News In Brief
(p 42)
-
When Prosecuting Crimes by Police, Feds Appear to Move Slowly
by Edward Lyon
(p 41)
-
Can Criminal Records Ever Truly Be Expunged in the Internet Era?
by Matthew Clarke
(p 41)
-
Third Circuit: Pennsylvania’s SORNA Requirements Sufficiently Restrictive to Constitute Custody for Habeas Jurisdiction
by Douglas Ankney
(p 40)
-
Nebraska’s Death Row Prisoners Must Bring ‘Repeal Challenges’ Individually
by Douglas Ankney
(p 39)
-
San Francisco Embraces New Technology to Clear Pot Convictions
(p 39)
-
Wisconsin Considers Updating Its Cash Bail System
by Kevin Bliss
(p 38)
-
Birth Pangs of Bail Reform Come to Texas
by Edward Lyon
(p 38)
-
Indiana Supreme Court Announces Trial Court Must Resentence on All Underlying Felonies After Gang Enhancement Sentence Reversed on Appeal
by Derek Gilna
(p 37)
-
$8.4 Million Combined Settlement Reached by ‘Norfolk Four’
by Douglas Ankney
(p 36)
-
Eleventh Circuit Rules DEA’s Definition of Positional Isomer Does Not Apply to Substances on Temporary Schedule, Vacates Possession Conviction
by Matthew Clarke
(p 36)
-
Shooting of Seven-Year-Old Girl in Houston Highlights Problems With Eyewitness Identification
by Matthew Clarke
(p 35)
-
Georgia Supreme Court Announces Defendant May Invoke Rape Shield Statute to Bar State From Offering Evidence of Victim’s Past Sexual Behavior
by Douglas Ankney
(p 34)
-
Kentucky Supreme Court Holds State Statute Defining Intellectual Disability as IQ of 70 or Lower Unconstitutional, Death Row Prisoner Entitled to Hearing
by Matthew Clarke
(p 34)
-
Oregon Supreme Court Clarifies PCR ‘Church Motion’ Practice
by Mark Wilson
(p 33)
-
Death Penalty Usage Trending Downward, Report Reveals
by Betty Nelander
(p 32)
-
Tennessee Supreme Court: Attempting to Secretly Videotape
Teen Changing Clothes Does Not Support Conviction for Attempted Production of Child Pornography
by Douglas Ankney
(p 32)
-
Georgia Supreme Court Holds Statute Authorizing Lifetime GPS Monitoring of ‘Sexually Dangerous Predator’ Is Unconstitutional
by Douglas Ankney
(p 31)
-
Erie County Convicted 11 People of Violating a Law Ruled Unconstitutional Over 20 Years Ago by Federal Court
by Kevin Bliss
(p 30)
-
Video Simulators Part of Push to Train Police to Shoot Fewer Dogs, Limit Lawsuits
by Derek Gilna
(p 30)
-
FBI Reviewing Four Incidents of Excessive Force at Mesa, Arizona, PD in Just Four Months
by Dale Chappell
(p 29)
-
Law Enforcement and Lobbyists Battle Over Need for Civil Asset Forfeiture Reform
by Kevin Bliss
(p 29)
-
First Circuit: Sentencing Courts May Consider New Career Offender Guideline Amendment 798, Even Though Not Retroactive
by Dale Chappell
(p 28)
-
Nevada Supreme Court Clarifies, Narrows Nonhearsay Rule Under NRS 51.135(2)
by Dale Chappell
(p 28)
-
North Dakota Supreme Court Announces Implied Consent Advisory Must be Read After Arrest and Before Administering Test
by Douglas Ankney
(p 27)
-
Counsel Ineffective for Failing to Move for Mistrial When Court Coerces Unanimous Verdict
by Douglas Ankney
(p 26)
-
Fourth Circuit Rules 3 Marijuana Stems Discovered in Single Trash Pull Insufficient for Search Warrant, Suppresses Evidence Found in Residence
by David Reutter
(p 26)
-
Sixth Circuit Rejects Qualified Immunity Claim in Malicious Prosecution Suit for Wrongful Arrest and Conviction Involving Multiple Lies by Police
by Dale Chappell
(p 24)
-
Seventh Circuit: Claim for Unlawful Pretrial Detention Accrues on Date of Release
by Douglas Ankney
(p 24)
-
Connecticut Supreme Court Announces Defense Counsel Has Duty to ‘Promptly’ Notify Defendant of Plea Offer, Failure to Notify Before Testifying Constitutes IAC
by Matthew Clarke
(p 23)
-
In Landmark Civil Asset Forfeiture Case, U.S. Supreme Court Holds Excessive Fines Clause of Eighth Amendment Applicable to States
by Douglas Ankney
(p 22)
-
Ninth Circuit Holds Juror Who Wouldn’t Unequivocally State She Could Be Impartial Should Have Been Excused; New Trial Ordered Because Biased Juror Can’t Be Harmless Error
by Dale Chappell
(p 21)
-
Fourth Circuit Grants Habeas Relief for Death Row Prisoner Because Trial Court Excluded Expert Testimony Defendant Represents Low Risk of Violence in Prison
by David Reutter
(p 20)
-
Supreme Court of Alaska Announces Court System Bears Costs of Expert Evaluation When Insanity or Diminished Capacity Raised as Defense
by Chad Marks
(p 20)
-
Arkansas Supreme Court: Search of Wallet Exceeded Scope of Lawful ‘Terry’ Frisk for Weapons
by Douglas Ankney
(p 19)
-
Destroyed Lives
by Sandy Rozek
-
California Police Privacy Laws Have Been Violating Brady for Years
by Mark Wilson
(p 16)
-
New Jersey Supreme Court: Detention of Motel Room Occupants After Reason for Police Visit Resolved Is Unlawful Seizure, Evidence Subject to Exclusionary Rule
by Richard Resch
(p 16)
-
N.C. Supreme Court: Hiring and Paying a Hit Man Not Overt Act Necessary for Attempted Murder Charge
by Douglas Ankney
(p 15)
-
NYPD’s Controversial Use of Mugshot Database Searches
by Matthew Clarke
(p 14)
-
Conversations With Those Helped by Passage of First Step Act: Provides Relief for Some Federal Prisoners, but More Is Needed
by Chad Marks
(p 12)
-
Appeals court provides new vehicle to challenge registration
by Larry N.
(p 10)
-
The FBI Says Its Photo Analysis Is Scientific Evidence. Scientists Disagree.
by Ryan Gabrielson
(p 1)
-
Can We Fight Crime With Public Shaming?
by Kathi Valeii
-
Judge Urges Prosecution to Appeal Dismissal of Murder Charge
by Douglas Ankney
February
-
Texas no-knock raid proves deadly; no drugs found
by Kevin Bliss
-
Jurors Showing More and More Savvy Toward Trial Evidence
by Edward Lyon
(p 42)
-
News in Brief
(p 42)
-
Minnesota Sees Rising Tide of Payouts for Epidemic of Police Misconduct
by Derek Gilna
(p 41)
-
Government Snitches: Incentivized Witnesses Are the Leading Cause of Wrongful Convictions
by Dale Chappell
(p 1)
-
NYPD Gang Database Lacks Transparency, Limits Due Process
by Kevin Bliss
(p 41)
-
$175,000 Settlement to Public Protester with Profanity-laced Sign Tased by Police Officer
(p 40)
-
Study: Racial Bias Inherent in the Jury Selection Process
by Kevin Bliss
(p 40)
-
Agencies: Bite-mark Forensics Outdated Science
by Kevin Bliss
(p 39)
-
Algorithm-dictated Freedom? Vet California’s New Pretrial Risk Assessment Tool
by Virginia Griese
(p 39)
-
San Francisco DA Candidate Chesa Boudin Puts Criminal Justice Reform Front and Center
(p 38)
-
New California Laws Peel Back Secrecy Surrounding Police Discipline Amid Pushback
by Betty Nelander
(p 38)
-
Facebook Tells Law Enforcement to Quit Using Phony Accounts
by Dale Chappell
(p 37)
-
‘Ban the Box’ Movement Expands in New Direction
by Edward Lyon
(p 37)
-
Forensic Entomology Helps Nevada Murder Convictee Get Exonerated After 17 Years in Prison
by Edward Lyon
(p 36)
-
Massachusetts Drug Lab Scandal: Thousands More Cases Likely Affected
by Kevin Bliss
(p 36)
-
NY Election Websites Tell Parolees They Can’t Vote, Even Though They Can
by Dale Chappell
(p 35)
-
Police Use of ‘Undercover Friending’ Investigative Technique Unregulated
by Kevin Bliss
(p 35)
-
Nebraska Supreme Court Clarifies Applicable Standard for Mandatory Testing Under DNA Testing Act, Reverses District Court for Applying Wrong Standard
by Chad Marks
(p 34)
-
Hawaii Supreme Court Finally Complies with SCOTUS’ Apprendi Decision, Vacates Enhanced Sentence Based on Fact Determined by Judge, Not Jury
by Christopher Zoukis
(p 34)
-
Sexual Assaults and Harassment by Members of Los Angeles County Sheriff’s Department Costing Taxpayers Millions
by Edward Lyon
(p 33)
-
Sixth Circuit Vacates a Witness Tampering Conviction, Principally on the Ground that the District Court Erroneously Instructed the Jury on the Intent Element of Witness Tampering
by Punch & Jurists
(p 32)
-
Bronx Prosecutors Trained to Manipulate System to Delay Trials
by Matthew Clarke
(p 32)
-
Deputy U.S. Attorney General Rosenstein Defends Junk Science Forensics
by Matthew Clarke
(p 31)
-
SCOTUS Clarifies Scope of Generic Burglary Under the ACCA
by Richard Resch
(p 30)
-
Report: Wisconsin Crime Labs Face Multitude of Problems
by Edward Lyon
(p 30)
-
Custodial Interrogation Must Cease When Suspect Unambiguously Invokes Right to Remain Silent, Says Fourth Circuit
by Douglas Ankney
(p 29)
-
Fifth Circuit: Introduction of Deposition Video Without Making Good-Faith Effort to Secure Witnesses’ Presence at Trial Violates Confrontation Clause
by Douglas Ankney
(p 28)
-
Oklahoma Supreme Court Announces Drug Court Dismissal of Charges After Successful Completion of Drug Program Entitles Defendant to Immediate Expungement
by Douglas Ankney
(p 28)
-
Texas Court of Criminal Appeals Clarifies Proper Evidentiary Standard and Type of Evidence for Informal Competency Hearing
by Christopher Zoukis
(p 26)
-
Third Circuit Orders Habeas Relief Based on Trial Counsel’s Failure to Present or Even Investigate Mental Health and Juvenile Records in Pennsylvania Death Penalty Case
by Matthew Clarke
(p 26)
-
Third Circuit: Summons Is Not an Arrest for USSG Criminal History Calculation
by Mark Wilson
(p 25)
-
Sixth Circuit Reverses 60-Month Upward Variance Sentence Based on News Article Provided to Parties by Court at Beginning of Sentencing Hearing
by Matthew Clarke
(p 25)
-
Ninth Circuit Announces Expert Testimony on Battered Woman Syndrome Not Categorically Excludable, Relevant to Duress Defense
by Richard Resch
(p 24)
-
Fifth Circuit Holds Special Conditions in PSR Appendix but Not Orally Pronounced by District Court Must Be Removed From Sentence Where Conflict With Written Judgment
by David Reutter
(p 23)
-
SCOTUS: Florida’s Robbery Statute Satisfies Physical Force Requirement of Armed Career Criminal Act
by Douglas Ankney
(p 22)
-
Idaho Supreme Court: Temporary and Isolated Crossing of the ‘Fog Line’ Not Enough to Support a Traffic Stop
by Christopher Zoukis
(p 22)
-
Louisiana Supreme Court Vacates Conviction for Batson Violation
by Christopher Zoukis
(p 21)
-
First Circuit Announces No Joint Participation Exception to Spousal Testimonial Privilege
by Matthew Clarke
(p 20)
-
Minnesota Supreme Court Holds Sentencing Guidelines
at Time of Offense, Not Time of Sentencing, Controls for Purposes of Calculating Criminal History Score
by Matthew Clarke
(p 20)
-
Eighth Circuit Rules Search Warrant Based on Affidavit That Failed to Link Target to Criminal Activity Lacked Probable Cause, Not Saved by Good-Faith Exception
by David Reutter
(p 19)
-
Seventh Circuit Reverses Denial of a Certificate of Innocence Needed as a Prerequisite for Damages for an Unjust Conviction and Imprisonment
by Punch & Jurists
(p 18)
-
California Court of Appeal: Using Criminal Process to Collect Fines That Indigent Defendants Cannot Pay Is Unconstitutional
by Douglas Ankney
(p 17)
-
Ninth Circuit Announces SCOTUS’ Rodriguez Opinion Requires Overturning ‘Reasonableness Standard’ Precedent in Traffic Stop Prolongation Cases
by Richard Resch
(p 16)
-
U.S. Government Lab Withheld Groundbreaking Study for 5 Years That Can Help Defendants Question the Reliability of Certain DNA Evidence
by Steve Horn
(p 14)
-
Cops Are At War Out There
by Jacobin, Brian Platt
(p 12)
-
New York Mass Bail Out Action Targets Bail System Manipulation
by Virginia Griese
(p 11)
-
From the Editor
by Richard Resch
(p 11)
January
-
News in Brief
(p 42)
-
Race-Based Arrests Rampant in San Francisco
by Kevin Bliss
(p 42)
-
Tracking the Prevalence of Police Crime
by David Reutter
(p 41)
-
Former Balch Springs, Texas, Officer Found Guilty of Murder of Black Teen
by Kevin Bliss
(p 41)
-
Massachusetts Drug Lab Scandal: Thousands More Cases Likely Affected
by Kevin Bliss
(p 40)
-
$225,000 Settlement by Detroit for Unjustified Shooting of Dogs in Drug Case
by Derek Gilna
(p 40)
-
Why Defining a ‘Credible Witness’ in Criminal Trials Is a Slippery Slope
by Steve Horn
(p 38)
-
Illinois Law on Informants Designed to Avoid Wrongful Convictions
by Betty Nelander
(p 37)
-
‘Innocent Man Almost Executed’ Freed After Decade on Death Row
by Betty Nelander
(p 37)
-
Washington Governor Expects to Pardon About 3,500 for Single Misdemeanor Pot Convictions
by Betty Nelander
(p 36)
-
Police Commit Significant Number of Sex Crimes, Which May Shock the General Public but Not Those Familiar with Law Enforcement
by Kevin Bliss
(p 36)
-
Juror Bias Often Triggered by Severity of Crime Charged
by Edward Lyon
(p 35)
-
Investigation and Arrest of Mail Bomb Suspect Rips Cover Off Postal Surveillance
by Derek Gilna
(p 34)
-
Campus Cops on Municipal Streets Raises Transparency and Accountability Concerns
by Virginia Griese
(p 35)
-
Louisiana Ends Jim Crow-era Law: Unanimous Jury Requirement Now in Constitution
by Virginia Griese
(p 34)
-
‘Texas Reneging on Deal’ With Draconian Sex Offender Registry, but Some Are Fighting Back
by Edward Lyon
(p 33)
-
Montana Supreme Court: Retrial Following Mistrial Declared Without
‘Manifest Necessity’ Violates Prohibition on Double Jeopardy
by Mark Wilson
(p 32)
-
U.S. Senator Sounds Alarm on Privacy, Public Safety Concerns of Cell-Site Simulators
by Derek Gilna
(p 32)
-
DEA Agents Trap Cocaine-Trafficking Suspects with Doctored Blackberrys
by Derek Gilna
(p 31)
-
Federal Judge Signals That Defense Counsel Will Be Permitted To Argue Jury Nullification in Questionable Child Porn Prosecution
by Chad Marks
(p 31)
-
Texas Court of Criminal Appeals Rules Defense Attorney Violated McCoy, Reverses Capital Convictions and Orders New Trial
by Chad Marks
(p 30)
-
Nevada Supreme Court Reverses Convictions Where Trial Court Failed to Conduct Third Step of Batson Challenge
by Chad Marks
(p 30)
-
Sixth Circuit: Tennessee Aggravated Sexual Battery Is Not a SORNA Tier III Offense
by Christopher Zoukis
(p 29)
-
Georgia Supreme Court: Asportation Required to Support Kidnapping Conviction
by David Reutter
(p 28)
-
Montana Supreme Court Overrules Its Precedents Confusing Venue and Jurisdiction, Announces Venue Is Waivable But Cannot Waive Jurisdiction
by Dale Chappell
(p 28)
-
California Court of Appeal: Commissioner Cannot Preside Over Parole Revocation Hearing Absent Stipulation
by Douglas Ankney
(p 27)
-
Wisconsin Supreme Court Rules Attempt to Close Door in Officer’s Face Clear Signal that Consent Not Given for Warrantless Entry
by Douglas Ankney
(p 26)
-
Report: Bitemark Analysis Debunked as Pseudoscience
by Richard Resch
(p 26)
-
Montana Supreme Court: City May Not Impose Local Surcharge Not Authorized by State Law for Violation of State Criminal Statute
by Derek Gilna
(p 25)
-
Sixth Circuit Holds Tennessee Burglary Not Violent Felony Under ACCA, Overturning Previous Controlling Authority in Light of SCOTUS’ Mathis Opinion
by Dale Chappell
(p 24)
-
Maine Supreme Court Rules Double Jeopardy Bars Re-Use of Evidence at Second Trial After Acquittal Based on Same Evidence at First Trial on Different Charges
by Dale Chappell
(p 23)
-
West Virginia Supreme Court Vacates Sentence After State Violates Plea Bargain by Making Recommendation at Sentencing
by Matthew Clarke
(p 22)
-
Tenth Circuit Clarifies Proper Test for Pretrial Hearing on Seized Assets Needed to Retain Counsel
by Matthew Clarke
(p 22)
-
Public Support for Militarized Policing Ebbs, Fails to Improve Safety
by Edward Lyon
(p 21)
-
Minnesota Supreme Court Clarifies Rule Against Judicial ‘Participation’ in Plea Negotiations
by Dale Chappell
(p 20)
-
Study Shows Reassigning Problem Cops Could Have Saved Chicago More than $6 Million in Lawsuit Payouts
by Dale Chappell
(p 19)
-
Washington Supreme Court Announces Effective Date of Certificate of Discharge Is Date Offender Completes All Sentence Requirements
by Chad Marks
(p 18)
-
Fourth Circuit Vacates USSG Career Offender Sentence Predicated on Georgia Robbery
by Christopher Zoukis
(p 18)
-
Iowa Supreme Court Announces New SOL Rule for Consecutive Postconviction IAC Claims
by Dale Chappell
(p 16)
-
Ninth Circuit Remands Drug Case for Reconsideration of Sentencing Guidelines’ Minor-Role Adjustment
by Christopher Zoukis
(p 16)
-
N.Y. Court of Appeals Announces When Trial Commences for Timeliness of Pro Se Requests
by Edward Lyon
(p 15)
-
President Trump Signs First Step Act Into Law—It’s a Good Initial Attempt at Meaningful Reform
by Chad Marks
(p 14)
-
South Carolina Supreme Court Holds Broken Chain of Custody for Drug Evidence Requires Reversal of Conviction
by Dale Chappell
(p 13)
-
America’s Cities Are Criminalizing Homelessness
by Matthew Clarke
(p 12)
-
Habeas Hints: SCOTUS Review 2017-18
by Tara Hoveland, Kent Russell
(p 10)
-
Pennsylvania Supreme Court Holds Defendant Unambiguously Invoked Right to Remain Silent Suppresses Confession and Derivative Physical Evidence and Announces New Rule
by Chad Marks
(p 8)
-
Capital Punishment in the United States: Explained
by Callie Heller, Jessica Brand
(p 1)