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Criminal Legal News: March, 2021

Volume 4, Number 3

In this issue:

  1. Ninth Circuit Reverses Dismissal of Suit Challenging Idaho’s Sex Offender Registration Law (p 21)
  2. Column: Raising Successful Federal Habeas Corpus Claims (p 22)
  3. Tenth Circuit Vacates Enhancement for Prior Crime of Violence Because it Wasn’t Independently Eligible to Receive Criminal History Points (p 23)
  4. California Court of Appeal: Trial Court Abused Discretion by Denying Romero Motion and Life Sentence for Attempted Robbery Is Cruel and Unusual Under State Constitution (p 24)
  5. Third Circuit Announces Prohibition Against Second Resentencing Under First Step Act Can Be Waived by Government (p 25)
  6. California Court of Appeal: Counsel Ineffective for Failure to Investigate Mental Health History (p 26)
  7. Seventh Circuit Joins Other Circuits Holding Any Crack Cocaine Offense Under § 841 Qualifies for First Step Act Relief (p 26)
  8. Michigan Supreme Court: Police Must Limit Search of Cellphone Data to Uncovering Evidence of the Criminal Activity Alleged in Warrant (p 28)
  9. Fifth Circuit: No Qualified Immunity When Police Fatally Beat Unresisting Man Suffering Mental Health Crisis (p 29)
  10. North Carolina Supreme Court: Superior Court Abused Discretion by Flatly Prohibiting Questions on Racial Bias During Voir Dire (p 30)
  11. Texas Court of Criminal Appeals: Witness Testifying Remotely Via Two-Way Video Without Sufficient Reason Violates Confrontation Clause (p 31)
  12. Fifth Circuit: District Court Cannot Delegate to Probation Officer Authority to Impose Inpatient Treatment (p 32)
  13. Kansas Supreme Court: Wrong Standard Used in Review of Plea Withdrawal Motion Requires Remand (p 32)
  14. Indiana Supreme Court: Speedy Trial Right Violated After 6.5 Years Without Retrial (p 33)
  15. Raid on Data Scientist’s Home Underscores Outdated Technology Laws and Unjustifiable Police Use of Force (p 34)
  16. San Francisco Forensic Analyst’s Arrest on Drug Charges Exposes Flawed Lab (p 40)
  17. Fatal Shootings by Police Rarely Prosecuted (p 43)

Ninth Circuit Reverses Dismissal of Suit Challenging Idaho’s Sex Offender Registration Law

In July 1993, Idaho initially passed a ...

Column: Raising Successful Federal Habeas Corpus Claims

Tenth Circuit Vacates Enhancement for Prior Crime of Violence Because it Wasn’t Independently Eligible to Receive Criminal History Points

California Court of Appeal: Trial Court Abused Discretion by Denying Romero Motion and Life Sentence for Attempted Robbery Is Cruel and Unusual Under State Constitution

Third Circuit Announces Prohibition Against Second Resentencing Under First Step Act Can Be Waived by Government

The U.S. Court of Appeals for the Third Circuit handed down an opinion on December 21, 2020, holding that the prohibition against a subsequent resentencing in § 404(c) of the First Step Act can be waived by the Government. Therefore, the U.S. District Court for the Eastern ...

California Court of Appeal: Counsel Ineffective for Failure to Investigate Mental Health History

In October 2018, police responded to two elderly women, Rachel D. ...

Seventh Circuit Joins Other Circuits Holding Any Crack Cocaine Offense Under § 841 Qualifies for First Step Act Relief

Michigan Supreme Court: Police Must Limit Search of Cellphone Data to Uncovering Evidence of the Criminal Activity Alleged in Warrant

On August 6, 2016, Lisa Weber agreed to stay all night at ...

Fifth Circuit: No Qualified Immunity When Police Fatally Beat Unresisting Man Suffering Mental Health Crisis

North Carolina Supreme Court: Superior Court Abused Discretion by Flatly Prohibiting Questions on Racial Bias During Voir Dire

Police arrived at a parking garage in response to ...

Texas Court of Criminal Appeals: Witness Testifying Remotely Via Two-Way Video Without Sufficient Reason Violates Confrontation Clause

Haggard was tried on charges related to alleged ...

Fifth Circuit: District Court Cannot Delegate to Probation Officer Authority to Impose Inpatient Treatment

Abran Martinez tested positive for cocaine use while on supervised ...

Kansas Supreme Court: Wrong Standard Used in Review of Plea Withdrawal Motion Requires Remand

Indiana Supreme Court: Speedy Trial Right Violated After 6.5 Years Without Retrial

Stanley V. Watson was convicted by a jury in 2001 of dealing cocaine ...

Raid on Data Scientist’s Home Underscores Outdated Technology Laws and Unjustifiable Police Use of Force

According to reporting by ...

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 ...

Fatal Shootings by Police Rarely Prosecuted

 

 

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