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Criminal Legal News: October, 2022

Issue PDF
Volume 5, Number 10

In this issue:

  1. Government Snitches Rake in Millions as Their Testimony Is the Leading Cause of Wrongful Convictions (p 1)
  2. California Court of Appeal Vacates Conviction Because Generic Immigration Consequences Warning Insufficient for Defendant to Understand Mandatory Immigration Consequences as a Result of Guilty Plea (p 15)
  3. The FBI’s Gestapo Tactics: Hallmarks of an Authoritarian Regime (p 16)
  4. California Court of Appeal: Defendant’s ‘Novel Interpretation’ of Pen. Code § 1203.01 Entitles Him to Have Trial Court Consider Motion to Correct Post-Judgment Record 40 Years After Conviction Final (p 18)
  5. SCOTUS Announces Government Must Prove Physicians in § 841 Prosecutions ‘Knowingly and Intentionally’ Exceeded Their Authorization to Prescribe Controlled Substances, Such as Opioids (p 20)
  6. Texas Court of Criminal Appeals: Warrant to Search Cellphone Must Establish Nexus Between Device and Offense Beyond ‘Boilerplate’ Language About Cellphones Being Ubiquitous and Used in Crimes (p 21)
  7. Hawai’i Supreme Court Announces Medical ‘Rule-Out Questions’ Prior to Field Sobriety Test Are Interrogation Triggering Miranda Requirements (p 22)
  8. Third Circuit Announces First Step Act Applies Retroactively to Defendant Whose Pre-Act Sentence Vacated After Act’s Enactment (p 26)

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 ...

California Court of Appeal Vacates Conviction Because Generic Immigration Consequences Warning Insufficient for Defendant to Understand Mandatory Immigration Consequences as a Result of Guilty Plea

by David M. Reutter

The Court of Appeal of California, Third Appellate District, reversed a defendant’s 2010 conviction for possession for sale of methamphetamine, Health & Saf. Code, § 11378, based on its finding that the defendant was not properly apprised by the trial court of the immigration consequences that ...

The FBI’s Gestapo Tactics: Hallmarks of an Authoritarian Regime

by John & Nisha Whitehead

This article was originally published by The Rutherford Institute on August 22, 2022. It is reprinted here with permission.

 

“We want no Gestapo or Secret Police. FBI is tending in that direction.” —Harry Truman

 

With every passing day, the United States government borrows ...

California Court of Appeal: Defendant’s ‘Novel Interpretation’ of Pen. Code § 1203.01 Entitles Him to Have Trial Court Consider Motion to Correct Post-Judgment Record 40 Years After Conviction Final

by Douglas Ankney

The Court of Appeal of California, First Appellate District, ruled that Glenn Douglas Crites was entitled to consideration of his motion to have the trial court correct the record transmitted to the Department of Corrections and Rehabilitation (“DOCR”) under Penal Code § 1203.01(a).

Crites was convicted in ...

SCOTUS Announces Government Must Prove Physicians in § 841 Prosecutions ‘Knowingly and Intentionally’ Exceeded Their Authorization to Prescribe Controlled Substances, Such as Opioids

by Harold Hempstead

The Supreme Court of the United States (“SCOTUS”) held that 28 U.S.C. § 841’s “knowingly or intentionally” mens rea requirement applies to the “except as authorized” clause in criminal prosecutions against physicians, meaning that the Government must prove beyond a reasonable doubt that the defendant-physician had the ...

Texas Court of Criminal Appeals: Warrant to Search Cellphone Must Establish Nexus Between Device and Offense Beyond ‘Boilerplate’ Language About Cellphones Being Ubiquitous and Used in Crimes

by Anthony W. Accurso

The Court of Criminal Appeals of Texas held that a warrant affidavit failed to link a defendant’s cellphone to a crime under investigation where the warrant affidavit simply made generic statements about the ubiquity of cellphones and their use during criminal activity.

On September 18th, 2016, ...

Hawai’i Supreme Court Announces Medical ‘Rule-Out Questions’ Prior to Field Sobriety Test Are Interrogation Triggering Miranda Requirements

by Anthony W. Accurso

The Supreme Court of Hawai’i held that a defendant’s right not to incriminate herself under article I, section 10 of the Hawai’i Constitution was violated when an officer asked her “medical rule-out” questions prior to performing a field sobriety test without first providing the required Miranda ...

Third Circuit Announces First Step Act Applies Retroactively to Defendant Whose Pre-Act Sentence Vacated After Act’s Enactment

by Harold Hempstead

The U.S. Court of Appeals for the Third Circuit joined the Fourth, Seventh, and Ninth Circuits regarding the retroactivity of the First Step Act of 2018 (“FSA”) in holding that defendants who have their sentences imposed prior to the enactment of the FSA and vacated after its ...

 

 

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