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Articles by Anthony Accurso

FBI Access to FISA Database Includes Some Accountability

by Anthony W. Accurso

Ahead of the possible expiration of Section 702 of the Foreign Intelligence Surveillance Act (“FISA”) on December 31, 2023, an explanation about the FBI’s controversial access to communications collected under this authorization was published by Lawfare, a non-partisan, non-profit multimedia publication.

For context, Section 702 of ...

Indiana Supreme Court Suppresses All Evidence Related to Polygraph Exam for Examiner’s Failure to Disclose Unilater-ally Changing Exam Results From ‘Admissible’ to ‘Inadmissible’ Due to Defendant’s Mental State

by Anthony W. Accurso

The Supreme Court of Indiana upheld evidentiary suppression of a defendant’s polygraph results and inculpatory statements made after the test, where the examining officer failed to disclose (until the eve of trial) his determination that the defendant’s mental state made him unsuitable to sit for a ...

Police Requests to Google Replacing Old Fashioned Detective Work

by Anthony W. Accurso

A recent report by Julia Love and Davey Allen, writing for Bloomberg, highlights how the default for what passes for police investigative work is simply requesting data from Google for even the pettiest crimes.

Criminal Legal News has reported on the vast amount of data that ...

Oregon Supreme Court Clarifies Test to Determine When Person Becomes Agent of the State and Rules Jailhouse Snitch Was Agent, Requiring Suppression of Defendant’s Statements

by Anthony W. Accurso

The Supreme Court of Oregon upheld a Court of Appeals decision ordering a new trial for a defendant who was denied access to counsel when questioned by a jailhouse snitch who was acting as an agent of the State by attempting to elicit incriminating statements.

Lynn ...

Eleventh Circuit Announces Supervised Release Term Not Tolled When Defendant Absconds, Deepening Circuit Split

by Anthony W. Accurso

The U.S. Court of Appeals for the Eleventh Circuit held that, when a defendant has absconded while on supervised release, the clock on their period of supervision continues to run, causing it to expire at the end of its stated term.

James Reginald Talley was convicted ...

Massachusetts Supreme Court: Defense Counsel’s Overt Bias Against Own Client Constitutes Actual Conflict of Interest Requiring New Trial Without Need to Prove Prejudice

by Anthony W. Accurso

The Supreme Judicial Court of Massachusetts ruled defendant’s (a Black man of the Muslim faith) showing that trial counsel harbored bigoted views towards Blacks and Muslims constituted an actual conflict of interest that entitled him to a new trial without the need for a further showing ...

New Mexico Ends Juvenile Life Without Parole, Retroactively Applies Rule to Previously Convicted Minors

by Anthony W. Accurso

New Mexico Governor Michelle Lujan Gresham signed SB64, the No Life Sentences for Juveniles Act, into law on March 17, 2023, ending life without parole (“LWOP”) sentencing for offenders under 18 years of age. New Mexico joined 24 other states and the District of Columbia in ...

The EFF Is Tackling Border Towers, Facilitating Research into Impact of Mass Surveillance

by Anthony W. Accurso

The Electronic Frontier Foundation (“EFF”) released an interactive map to track the network of surveillance towers along the U.S. borders with Mexico and Canada, as well as several and some less obvious locations, and which explains the contractors and technology in use at each tower.

Customs ...

Checking In With Community Supervision

by Anthony W. Accurso

A new report from PrisonPolicy.org was released with the purpose of informing prison policymakers and the public about the true costs of the criminal justice system, which includes both prisons and various forms of community supervision – probation, parole, supervised release, and involuntary civil commitment. The ...

10th Circuit Reverses Guidelines Enhancement Because Possession of Ammo Does Not Facilitate Possession of a Firearm

by Anthony W. Accurso

The U.S. Court of Appeals for the Tenth Circuit vacated a defendant’s sentence where the U.S. District Court for the District of Colorado improperly applied a Guidelines enhancement under U.S.S.G. § 2K2.1(b)(6)(B) based on a mistaken application of Colorado law.

Lougary Eddington was involved in a ...

 

 

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