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Prison Profiteers

Articles by Dale Chappell

ACLU Questions Trade Secrets Protecting DNA Testing Algorithms

by Dale Chappell

DNA testing can be flawed, often in complex ways. However, courts have held that a defendant fighting for his life in court cannot verify if the DNA being used against him was properly tested, because this would require disclosure of the protected trade secrets of the company ...

Kentucky Supreme Court Tosses Evidence Holding Dog Sniff of Nervous Driver with Prior Drug Charges was Unreasonable

by Dale Chappell

The Supreme Court of Kentucky held that a drug-dog sniff based on the nervousness of the driver who had prior drug charges (but not convictions) was an unreasonable search under the Fourth Amendment, requiring suppression of the evidence found in the search.

“This opinion is not for ...

Texas Court of Criminal Appeals Holds Sua Sponte Jury Instruction on Self-Defense Also Applies to Lesser-Included Charges

by Dale Chappell

A sua sponte jury instruction on self-defense for a murder charge applied equally to the lesser-included charge, and a judge’s failure to inform the jury that it could acquit even the lesser charge was “egregious” error requiring reversal, the of Texas Court of Criminal Appeals (“CCA”) held. ...

NY Court of Appeals Affirms Dismissal of DWI for Improper Breathalyzer Refusal Warning

by Dale Chappell

The Court of Appeals of New York found that a driver’s eventual consent to a breathalyzer test was “coerced” and involuntary after police waited more than two hours to ask him to consent to the test. The Court held that the officer’s warning that his refusal could ...

New Jersey Supreme Court Holds 2014 Amendment to Megan’s Law Violates Ex Post Facto Clause

by Dale Chappell

The Supreme Court of New Jersey held that a 2014 amendment to the Violent Predator Incapacitation Act (“VPIA”), part of Megan’s Law, which applied to defendants who had violated their community supervision for life (“CSL”), violated the Ex Post Facto Clauses of the U.S. and New Jersey ...

California Court of Appeal Holds Box Cutter Not ‘Inherently’ Deadly Weapon

by Dale Chappell

A box cutter is a type of knife “designed to cut things and not people,” and was therefore not “inherently” a deadly weapon as a matter of law, the Court of Appeal of California Second Appellate District held, overturning a defendant’s conviction.

There was no question that ...

Kentucky Supreme Court Overrules Flawed Brindley Opinion and Announces Commonwealth Cannot Appeal Judgment of Acquittal

by Dale Chappell

The Supreme Court of Kentucky held that the Commonwealth cannot appeal from a judgment of acquittal in a criminal case after a jury’s guilty verdict, interpreting the Kentucky Constitution and overturning its prior decision on the issue.

Michael Maupin was charged with failing to comply with Kentucky’s ...

Iowa Supreme Court Announces Actual Innocence Claim Is Freestanding Claim That Can Be Made Even After Guilty Plea

by Dale Chappell

The Supreme Court of Iowa adopted and announced a new rule that characterizes claims of actual innocence as freestanding claims under Iowa’s postconviction-relief statute, regardless of whether the applicant has knowingly and voluntarily pleaded guilty and thereby overturning its prior cases that had barred relief under those ...

NY Court of Appeals Holds Trial Court’s Failure to Advise Defense of Jury Note Contents Constitutes Reversible Error

by Dale Chappell

The Court of Appeals of New York held that a trial court’s failure to make the defendant aware of the content of notes by the jury to the court was error requiring reversal, even though the issue was raised for the first time on appeal.

During the ...

Insurance, Courts Protect Cops from Liability

by Dale Chappell

Lots of lawsuits get filed against law enforcement, but very few result in a payout. Police have an ever-growing shield called “qualified immunity” and decades of court decisions to hide behind. And even when there is a payout, it is not groundbreaking.

The U.S. Supreme Court recently ...

 

 

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