Skip navigation
CLN bookstore

Articles by Jacob Barrett

Washington Supreme Court Announces Race and Ethnicity Are Relevant Factors in Analysis of Whether Someone Has Been ‘Seized’

by Jacob Barrett

In a case of first impression in Washington, the Supreme Court of Washington clarified its seizure analysis by expressly holding that race and ethnicity are relevant factors in determining whether a person has been seized.

In April 2019, Pierce County Sheriff’s Deputy Mark Rickerson was on patrol ...

First Circuit Announces Courts May Consider First Step Act’s Non-Retroactive Changes to Sentencing Law in Determining Whether ‘Extraordinary and Compelling’ Reason Exists for Compassionate Release in Prisoner-Initiated Motion

by Jacob Barrett

In a case of first impression in the
circuit, the U.S. Court of Appeals for the First Circuit held that District Courts adjudicating a prisoner-initiated motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i) are not bound by the Sentencing Commission’s current policy statement in U.S. Sentencing ...

Louisiana Supreme Court Announces Conviction of Lesser Included Offense Subsequently Vacated as Unconstitutional Constitutes Implied Acquittal of Higher Charge; Double Jeopardy Bars Retrial on Higher Charge

by Jacob Barrett

In a case of first impression, the Supreme Court of Louisiana held double jeopardy bars the reinstatement and retrial of a defendant on a higher charge when he has been lawfully convicted of a lesser included offense, even though the conviction was later vacated, and further held ...

Prosecutorial Misconduct Cause of More Than 550 Death Penalty Reversals and Exonerations

by Jacob Barrett

A study by the Death Penalty Information Center (“DPIC”) found more than 550 death penalty reversals and exonerations were the result of extensive prosecutorial misconduct. DPIC reviewed and identified cases since the U.S. Supreme Court overturned existing death penalty laws in 1972. That amounted to over 5.6% ...

Seventh Circuit: Indiana Statute on Dealing Methamphetamine Facially Overbroad and Does Not Qualify as Aggravated Felony for Immigration Purposes

by Jacob Barrett

The U.S. Court of Appeals for the Seventh Circuit reversed a decision by the Board of Immigration Appeals (“BIA”) to remove Jonathan Aguirre-Zuniga for a conviction for dealing methamphetamine under Indiana code § 35-48-4-1.1, holding it did not qualify as an aggravated felony for the purpose of ...

Common Sense Changes Can Fix the Cracks in Forensic Science’s Foundation

by Jacob Barrett

There is no universal requirementin forensic science to be an accredited laboratory, and instead of accrediting an entire lab, many accreditation vendors allow labs to choose which sections to accredit, e.g., just DNA or firearms. That is a problem, says Brian Gestring, forensic scientist and consultant.

Gestring ...

Government Snitches Rake in Millions as Their Testimony Is the Leading Cause of Wrongful Convictions

by Jacob Barrett and Dale Chappell

The general public’s familiarity with the government’s use of informants in criminal proceedings is largely confined to movies and TV documentaries. Yet, every year, the government negotiates tens of thousands of deals “off the record,” which are subject to few restrictions and have little ...

Study Shows Crime Reduced When Crisis Teams, as Opposed to Police, Respond to Low-Level Crimes

by Jacob Barrett

In June 2021, Denver, Colorado, launched its Support Team Assistance Response (“STAR”) program that consists of a two-person crisis response team, a medic and a clinician, who are called to provide crisis care, rather than arrest offenders.

A report published in the Science Advances journal by Stanford’s ...

$670,000 Awarded to Use Virtual Reality to Evaluate Eyewitness Accuracy

by Jacob Barrett

The National Science Foundation (“NSF”) awarded University of Arkansas Professor James Lampinen, and a  team of researchers, just under$670,000 to study the relationship between eyewitness confidence and accuracy across a range of variables using virtual reality.

Professor Lampinen and Assistant Professor of Psychology at Oklahoma State University ...

Missouri Supreme Court: Witness’ Two-Way Live Video Feed Testimony Violates Confrontation Clause

 by Jacob Barrett

In a case of first impression in Missouri, the Supreme Court of Missouri held a circuit court violated Rodney A. Smith’s constitutional right to confrontation under both the U.S. Constitution and Missouri Constitution by permitting two-way live video feed testimony at trial of an adult, non-victim ...

 

 

Disciplinary Self-Help Litigation Manual - Side
Advertise here
The Habeas Citebook: Prosecutorial Misconduct Side