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Articles by Anthony Accurso

Michigan Voters Approve Constitutional Amendment to Protect Electronic Data and Communications

After all the wrangling over the Office of the President and control of Congress ...

Montana Supreme Court: Statistical Evidence on False Accusations of Rape Improperly Bolstered Witness Credibility

Philip Bryson Grimshaw was charged with sexual intercourse without consent, in violation of § 45-5-503, ...

Nevada Supreme Court: Search Invalid Where Police Failed to Properly Inventory Bag

Kimberly Marie Nye was arrested after refusing to leave a casino in Elko County. She was secured in a ...

Ninth Circuit: District Court Abdicated Daubert Gatekeeping Function by Failing to Make Reliability Findings on Expert Witness’ Testimony

7th Circuit: Ice Methamphetamine Sentence Enhancement Requires Proof of Purity

Scott Carnell pleaded guilty to a conspiracy to distribute 50 grams or more of meth under 21 U.S.C. ...

New Mexico Supreme Court Clarifies Meaning of Key Terms in Aggravated Fleeing From Law Enforcement Statute

Roy D. Montano and William Daniel Martinez both were charged with ...

They’re Not Secret Police, Just Police

Startup Surveils Communities of Color for Police Using Twitter

Dataminr’s early backers included Twitter and the ...

How to Spot Surveillance at Protests

by Anthony Accurso

The Electronic Frontier Foundation’s (“EFF”) Senior Investigative Researcher Dave Maass has posted a 25-minute video titled “How To Observe Police Surveillance at Protests.” In it, Maass explains the visible and non-visible tools deployed against protesters.

First and foremost, anything with a camera can be used by police ...

Mississippi Supreme Court: Cannot Declare Mistrial on All Counts After Jury’s Acquittal on Some Counts

by Anthony Accurso

The Supreme Court of Mississippi held that a district court erred when it ordered a mistrial on all three counts of an indictment after the jury had returned an acquittal on two of the counts.

Johnathan Nickson was tried in mid-2018 on two counts of first-degree murder for killing Nedra Johnson and Bradley Adams and one count of being a felon in possession of a firearm.

During the trial, the court instructed the jury that it could find Nickson guilty or not guilty on each count of first-degree murder, but if the jury found him not guilty, it must then consider whether he was guilty of second-degree murder.

The jury was sent out for deliberations and sent a note back that it was deadlocked. The court recalled the foreperson and instructed the jury to “return the verdict on whatever counts you’ve decided on and then come back.” The jury returned and advised that it had unanimously agreed to acquit Nickson for first-degree murder on counts one and two, but it remained deadlocked as to second-degree murder on those counts and the possession count.

The court impressed upon the jury the necessity of returning a verdict and ordered ...

 

 

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