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Article • August 1, 2025 • from CLN August, 2025
Eleventh Circuit Announces Sixth Amendment Right to Proceed Pro Se at Sentencing if Defendant ‘Clearly and Unequivocally’ Expresses Desire to Do So After Faretta Inquiry by Jeffrey Cohen The United States Court of Appeals for the Eleventh Circuit held that the defendant had clearly and unequivocally asserted his Sixth Amendment …
Article • August 1, 2025 • from CLN August, 2025
Illinois Supreme Court Announces Conviction for Attempted First Degree Murder Requires ‘Intent to Kill Without Lawful Justification by Jeffrey Cohen The Supreme Court of Illinois held that a conviction for attempted first degree murder requires proof that the defendant acted with the intent to kill without lawful justification, rejecting the …
SCOTUS Announces Sentence ‘Has Not Been Imposed’ for Purposes of First Step Act Retroactivity Upon Resentencing When § 924(c) Offender Sentenced Prior to Act’s Enactment but Sentence Subsequently Vacated by Richard Resch The Supreme Court of the United States held that when an offender convicted under § 924(c) had been sentenced …
Article • May 15, 2025 • from CLN June, 2025
Filed under: Defenses, Jury Instructions
South Carolina Supreme Court Announces Traditional Four-Element Standard for When Person Has Right to Use Deadly Force in Self-Defense Not Applicable to Non-Deadly Force Self-Defense Analysis by Richard Resch The Supreme Court of South Carolina held that the defendant was entitled to a self-defense jury instruction where he presented some …
Article • May 15, 2025 • from CLN June, 2025
Minnesota Supreme Court Clarifies Standard for Determining Whether a Defendant Is Entitled to Jury Instructions on Self-defense and Defense of Others by Douglas Ankney The Supreme Court of Minnesota clarified the standard for determining whether a defendant is entitled to a jury instruction on self-defense and defense of others. Applying …
‘Sexome’ Bacteria Offers New Path to Justice in Sexual Assault Cases Where DNA Is Not Present by Jo Ellen Nott Forensic science has traditionally relied on DNA evidence from sperm to identify suspects in sexual assault cases. However, when no sperm is present—such as when a perpetrator uses a condom—these …
Article • May 15, 2025 • from CLN June, 2025
Filed under: Costs, Death Penalty
The Crushing Toll of Ohio’s Death Penalty: A Billion-Dollar Failure by David Kim by David Kim Ohio’s death penalty system, which has consumed over a billion dollars, delivers neither justice nor closure, according to a damning report by Ohioans to Stop Executions. The system—marked by exorbitant costs, prolonged delays, and …
Article • April 15, 2025 • from CLN May, 2025
Beyond a Reasonable Doubt? Fingerprint Evidence’s Troubling Flaws by Douglas Ankney by Douglas Ankney In March 2004, four commuter trains in Madrid, Spain, were bombed. Spain’s National Police recovered a blue plastic bag filled with detonators and traces of explosives. Forensic experts used the standard practice of fumigating the bag …
Cops’ Lie-Detecting Delusion: They Can’t Spot Lies Based on Nonverbal Cues or ‘Abnormal’ Behavior—Yet Keep Lying to Themselves (and Ruining Lives) That They Can by David Kim by David Kim From the earliest forms of human communication, deception has been an inescapable part of social interaction. People lie—frequently and for …
Connecticut Supreme Court Announces Teague’s ‘Watershed’ Rule Exception to Nonretroactivity of New Constitutional Rule of Criminal Procedure on Collateral Review Has ‘Continued Vitality’ in Connecticut, Adoption of Third Exception to Teague’s Nonretroacti by Douglas Ankney by Douglas Ankney The Supreme Court of Connecticut held that the principles set forth in …
Article • April 15, 2025 • from CLN May, 2025
Bodycam Footage for Sale: Ohio Joins the List of States Charging Money for Bodycam Footage, While Others Restrict It Entirely by James Mills by James Mills Footage from police body cameras could soon become a pricey commodity in Ohio. Ohio has joined Arizona and Indiana on the short list of …
Article • April 15, 2025 • from CLN May, 2025
Connecticut Compensates Exonerated Prisoners, Reforms Policing by Jo Ellen Nott by Jo Ellen Nott Connecticut is confronting its history of wrongful convictions by compensating victims and reforming police procedures. The state has moved to award $37.6 million to eight wrongfully convicted men who collectively spent 151 years behind bars. The …
Article • March 15, 2025 • from CLN April, 2025
A Guilty Voice: Is Voice Analysis Junk Science or Reliable Evidence? by Clarence Walker Jr. by Clarence Walker Jr. Law enforcement officials believe our vocal cords betray us with every syllable we speak. Welcome to a world of technology capable of listening to a human voice and then determining whether …
Article • March 15, 2025 • from CLN April, 2025
Filed under: junk science, Use of a Gun
Study Confirms New York City’s ShotSpotter Deployment Was a Costly Misstep by Michael Thompson by Michael Dean Thompson SoundThinking’s ShotSpotter technology, which uses echolocation to alert police and emergency medical services (“EMS”) to potential gunshots detected by microphones across a city, has faced mounting scrutiny. While sales and public relations …
Article • March 15, 2025 • from CLN April, 2025
Maryland Supreme Court: Trial Court Abused Its Discretion by Failing to Exercise That Discretion Where It Summarily Refused Requested Jury Instruction Because It Was a Non-Pattern Instruction and ‘Some Evidence’ Supported the Instruction by Douglas Ankney by Douglas Ankney The Supreme Court of Maryland held that when there is “some …
Article • March 15, 2025 • from CLN April, 2025
Bite Marks and Broken Justice: A Louisiana Man’s Life and Death Struggle Against Junk Science by David Kim by David Kim In a Louisiana courtroom last September, attorney Scott Greene stood before those in attendance and issued a stark warning: The video they were about to see would unsettle them. …
Filing • February 24, 2025
HRDC v. Baxter County, AR, Censorship, Appeal, 2025 United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-1888 ___________________________ Human Rights Defense Center Plaintiff - Appellee v. Baxter County, Arkansas Defendant - Appellant -----------------------------Clark-Fox Family Foundation; The Marshall Project; Prison Journalism Project; Arch City Defenders; Missourians to Abolish …
California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions by Sam Rutherford by Sam Rutherford The California Court of Appeal, Sixth District, held that defendants are …
Article • February 15, 2025 • from CLN March, 2025
Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction by Sam Rutherford by Sam Rutherford The Supreme Judicial Court of Massachusetts vacated a threat-based conviction because the jury instructions provided setting forth the elements …
‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers by David Reutter by David M. Reutter Are federal courts participating in a legal fiction during sentencing proceedings to maintain a peculiar but potentially necessary mechanism to resolve criminal cases without a jury? That …
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