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Criminal Legal News: May, 2021

Issue PDF
Volume 4, Number 5

In this issue:

  1. No-Knock Warrants Leave Trail of Terror, Property Damage, and Deaths (p 1)
  2. A Primer on Overcriminalization (p 12)
  3. Eighth Circuit Vacates Habeas Denial, Remands to Determine Whether ‘Martinez Exception’ Excused Procedural Default by State Prisoner (p 14)
  4. Seventh Circuit: Federal Habeas Relief for State Prisoner Due to Counsel’s Failure to Raise No-Causation Defense (p 14)
  5. Federal Habeas Corpus: Filing Procedures (p 16)
  6. The Parole App Trap (p 17)
  7. Fourth Circuit: Police Request for ID Outside Valid Terry Stop Unconstitutional (p 18)
  8. Seventh Circuit Vacates Sentence Where District Court Improperly Imposed Leadership Enhancement (p 18)
  9. New Jersey Police Union Contracts Laden With Financial Largesse (p 20)
  10. D.C. Circuit Highlights Racial Disparity Concerns With First Step Act After District Court Erroneously Denies Relief (p 22)
  11. D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire (p 22)
  12. Seventh Circuit Exercises Supervisory Powers in Reversing District Court’s Judgment Revoking Supervised Release (p 24)
  13. Seventh Circuit: District Court Retains Jurisdiction When Habeas Petitioner Moves to Prison Outside of District (p 26)
  14. Iowa Supreme Court Announces Brady Standard Applies to Motion for New Trial Based on Withheld Exculpatory Medical Records (p 26)
  15. Abuse of Civil Asset Forfeiture Laws Prompts Class Action Lawsuit (p 27)
  16. Michigan State Police Reverse on Use of Messaging App That Can Evade FOIA Requests (p 28)
  17. Tech Company Enables Surveillance (p 28)
  18. Wyoming Supreme Court: District Court Abused Discretion by Granting State’s Dismissal of Charges Without Prejudice and Refiling to Gain Tactical Advantage, Remands for Dismissal With Prejudice (p 30)
  19. Fourth Circuit: Employment Restriction for Supervised Release Overbroad and Impermissible Delegation of Power to Probation (p 31)
  20. Arkansas Supreme Court: Unborn Child Not a ‘Person’ Under Sentencing Enhancement Scheme (p 32)
  21. Texas Court of Criminal Appeals: Good Faith Exception Inapplicable to Unsworn Search Warrant (p 32)
  22. New Jersey Appellate Court Holds Defendant Entitled to Source Code of Novel Probabilistic Genotyping Software Upon Showing of Particularized Need (p 34)
  23. Orwellian Fusion Centers Are Watching You (p 35)
  24. New Jersey Supreme Court Announces Adoption of Framework for Evaluating Discovery Motions Challenging Warrant Affidavits Based on Unidentified Confidential Informants (p 36)
  25. Utah Supreme Court: Appeal of Plea in Justice Court Doesn’t Vacate Judgment (p 37)
  26. California Court of Appeal: Prisoners Are Not Required to Serve ‘Thompson Terms’ After Grant of Parole Under Elderly Parole Program (p 38)
  27. North Carolina Supreme Court Reverses Embezzlement Convictions for Failure to Hold Competency Hearing After Mid-Trial Suicide Attempt, Involuntary Commitment (p 39)
  28. Surveillance and the City (p 40)
  29. New York Court of Appeals Rejects Federal Jurisprudence Allowing Searches of Vehicles Based on Warrants Authorizing Searches of ‘Premises’ (p 40)
  30. Fifth Circuit: Anonymous Tip Didn’t Provide Reasonable Suspicion to Conduct Investigatory Stop (p 41)
  31. Illinois Study: Crime Rate not Tied to Prison Population Levels (p 42)
  32. Ohio Supreme Court: Imposing Two Punishments for One Quantity of Mixture of Heroin and Fentanyl Violates Double Jeopardy (p 42)
  33. Ninth Circuit: State’s Forced Medication Order Was Properly Challenged Under Federal Habeas Corpus (p 43)
  34. Ninth Circuit Announces Police Inserting Key in Car Door to Determine Vehicle Ownership Constitutes Search Overruling Circuit Precedent (p 48)
  35. Tracking Browser History (p 48)
  36. All Bark but No Bite (p 49)
  37. Socially Unacceptable New York Cops (p 50)
  38. News in Brief (p 50)

No-Knock Warrants Leave Trail of Terror, Property Damage, and Deaths

A Primer on Overcriminalization

Eighth Circuit Vacates Habeas Denial, Remands to Determine Whether ‘Martinez Exception’ Excused Procedural Default by State Prisoner

Seventh Circuit: Federal Habeas Relief for State Prisoner Due to Counsel’s Failure to Raise No-Causation Defense

The case ...

Federal Habeas Corpus: Filing Procedures

In ...

The Parole App Trap

Parole monitoring apps for smartphones have been ...

Fourth Circuit: Police Request for ID Outside Valid Terry Stop Unconstitutional

On April 25, 2017, George Wingate III noticed the check engine light activated while he was driving ...

Seventh Circuit Vacates Sentence Where District Court Improperly Imposed Leadership Enhancement

Police stopped the vehicle in which McGee, Wayne Frazier, and Terry Glaspie ...

New Jersey Police Union Contracts Laden With Financial Largesse

ProPublica and Asbury Park Press, an affiliate of ProPublica’s Local Reporting Network, recently completed an unprecedented analysis of thousands of ...

D.C. Circuit Highlights Racial Disparity Concerns With First Step Act After District Court Erroneously Denies Relief

D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire

The investigation commenced in January ...

Seventh Circuit Exercises Supervisory Powers in Reversing District Court’s Judgment Revoking Supervised Release

In March 2019, Jordan began three years of supervised release imposed upon ...

Seventh Circuit: District Court Retains Jurisdiction When Habeas Petitioner Moves to Prison Outside of District

Iowa Supreme Court Announces Brady Standard Applies to Motion for New Trial Based on Withheld Exculpatory Medical Records

Prior ...

Abuse of Civil Asset Forfeiture Laws Prompts Class Action Lawsuit

Michigan State Police Reverse on Use of Messaging App That Can Evade FOIA Requests

Tech Company Enables Surveillance

Wyoming Supreme Court: District Court Abused Discretion by Granting State’s Dismissal of Charges Without Prejudice and Refiling to Gain Tactical Advantage, Remands for Dismissal With Prejudice

Fourth Circuit: Employment Restriction for Supervised Release Overbroad and Impermissible Delegation of Power to Probation

Arkansas Supreme Court: Unborn Child Not a ‘Person’ Under Sentencing Enhancement Scheme

On December 3, 2015, Brad Hunter Smith and two accomplices lured Cherrish Allbright to a field, ...

Texas Court of Criminal Appeals: Good Faith Exception Inapplicable to Unsworn Search Warrant

In the early morning hours of July 9, 2016, Officer Tyler ...

New Jersey Appellate Court Holds Defendant Entitled to Source Code of Novel Probabilistic Genotyping Software Upon Showing of Particularized Need

Orwellian Fusion Centers Are Watching You

New Jersey Supreme Court Announces Adoption of Framework for Evaluating Discovery Motions Challenging Warrant Affidavits Based on Unidentified Confidential Informants

Utah Supreme Court: Appeal of Plea in Justice Court Doesn’t Vacate Judgment

The Court’s January 28, 2021, opinion was issued in an appeal brought by ...

California Court of Appeal: Prisoners Are Not Required to Serve ‘Thompson Terms’ After Grant of Parole Under Elderly Parole Program

North Carolina Supreme Court Reverses Embezzlement Convictions for Failure to Hold Competency Hearing After Mid-Trial Suicide Attempt, Involuntary Commitment

Surveillance and the City

Operation Legend was a U.S. Department of Justice program aimed at reducing violent crime ...

New York Court of Appeals Rejects Federal Jurisprudence Allowing Searches of Vehicles Based on Warrants Authorizing Searches of ‘Premises’

As the result of their investigation of Tyrone Gordon, police sought a search warrant. In their warrant application, the officers swore that: ...

Fifth Circuit: Anonymous Tip Didn’t Provide Reasonable Suspicion to Conduct Investigatory Stop

Investigator ...

Illinois Study: Crime Rate not Tied to Prison Population Levels

Ohio Supreme Court: Imposing Two Punishments for One Quantity of Mixture of Heroin and Fentanyl Violates Double Jeopardy

Officers executed a search warrant of Kenny Pendleton’s residence and seized, inter alia, three bags that contained mixtures of heroin and fentanyl with a combined weight of 133.62 ...

Ninth Circuit: State’s Forced Medication Order Was Properly Challenged Under Federal Habeas Corpus

Ninth Circuit Announces Police Inserting Key in Car Door to Determine Vehicle Ownership Constitutes Search Overruling Circuit Precedent

In January 2018, San Francisco Police ...

Tracking Browser History

The Foreign Intelligence ...

All Bark but No Bite

Socially Unacceptable New York Cops

Some officers bring racist or other hateful comments to social media [CLN, October 2019, p. 41]. However, some of ...

News in Brief

Arizona: A week after he was shot chasing a suspect, an off-duty police officer from Alberquerque, New Mexico, was arrested on February 21, 2021, for aggravated DWI. According to a report by local TV station KRQE, Officer Fouad Cherair, 29, was found by police in the suburb of Rancho Rio, ...

 

 

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