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Articles by Derek Gilna

San Francisco Forensic Analyst’s Arrest on Drug Charges Exposes Flawed Lab

This alleged misconduct was uncovered after the August 31, 2020, arrest of Volk for possession of methamphetamine ...

Staggering Injustice

Experts Say Cross-Racial Eyewitness Identification Errors Are Widespread and Contribute to Thousands of Wrongful Convictions

by Derek Gilna

In a time where much of the American criminal justice system is justifiably under intense pressure to eliminate potential racial bias, there is at least one issue that could be resolved without ...

U.S. Sanctions Two International Criminal Court Prosecutors Investigating U.S. Officials

by Derek Gilna

U.S. sanctions have been imposed on two officials in the International Criminal Court(ICC”) following the ICC’s 2019 decision to reopen an investigation into war crimes in Afghanistan.

On September 2, 2020, U.S. Secretary of State Mike Pompeo sanctioned Fatou Bensouda, the chief prosecutor, ...

LeBron James Scores With “Full-Court Press” To Win Felon Voting Rights

by Derek Gilna

LeBron James, known for his skillful brand of basketball and leadership on the hard court, has been using his platform as one of the best known American athletes to advocate for voting rights for convicted felons.

James, who has made no secret of his opinion of several ...

New York Police Continue Pattern of Arrests of Low-Level Crime During COVID-19 Crisis

Biden Accuser Accused of Inflating Credentials to Qualify as Expert Witness, Calling Convictions into Question

Tara Reade, who has accused presumptive Democratic presidential nominee Joe Biden of sexually assaulting her in 1993 when she worked for him as an aide, now faces accusations that she inflated her academic credentials to win certification as a prosecution expert witness on domestic violence in several ...

Tennessee Legislature’s Investigation Finds Inadequate Supervision of Private Probation

by Derek Gilna

A December 2018 report by the Tennessee Comptroller of the Treasury after its audit of the state’s Private Probation Services Council found that it “did not adequately oversee private probation entities, putting probationers at risk.” The period was for July 1, 2013, through October 31, 2018.

The ...

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

The bedrock principle of criminal defense is to force the prosecution to prove its case against his client, but in the case of Randolph Farwell, his attorney agreed to a stipulation of facts that was tantamount to a guilty plea because it admitted each element of the ...

Indiana Supreme Court Announces Trial Court Must Resentence on All Underlying Felonies After Gang Enhancement Sentence Reversed on Appeal

by Derek Gilna

The Supreme Court of Indiana ruled that following the reversal of a gang enhancement sentence under Ind. Code § 35-50-2-15 the trial court on remand is required to resentence the defendant on all remaining underlying convictions.  

Marquell M. Jackson had been convicted of several criminal offenses ...

Video Simulators Part of Push to Train Police to Shoot Fewer Dogs, Limit Lawsuits

by Derek Gilna

Video simulators are now used by some police departments to train their officers in the use of non-lethal force. A 2005 decision by the U.S. Court of Appeals for the Ninth Circuit that dogs are property, whose killing constitutes an unreasonable seizure and a violation of the ...



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