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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 …
Article • February 1, 2025 • from CLN February, 2025
Ninth Circuit Announces ‘Hate Crime’ Sentence Enhancement Under Guidelines § 3A1.1(a) Requires Finding Defendant Motivated by Hate or Animus by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit clarified the circumstances under which a U.S. District Court may impose a “hate crime” enhancement pursuant …
Illinois Supreme Court Announces Dismissal by Nolle Prosequi as Part of Agreement Bars State From Bringing Second Prosecution Where Defendant Satisfied Obligations and Reverses Empire Actor Jussie Smollett’s Conviction by Sam Rutherford by Sam Rutherford The Supreme Court of Illinois reversed and dismissed Empire actor Jussie Smollett’s felony disorderly conduct …
Article • December 15, 2024 • from CLN January, 2025
Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit delineated the scope of U.S. District Courts’ authority to summarily dismiss …
Broken Trust The Pervasive Role of Deceit in American Policing by Andrew Eichen While at times an effective tool, deception is ethically dubious and can result in severe negative consequences for suspects. September 12, 2024 • Policy Analysis No. 979 by Andrew Eichen This article was originally published by the …
The Catch-22 of Qualified Immunity by Douglas Ankney by Douglas Ankney Judge Don Willett of the U.S. Court of Appeals for the Fifth Circuit and Judge Carlton Reeves of the U.S. District Court for the Southern District of Mississippi have authored opinions excoriating the doctrine of qualified immunity (“QI”). QI …
SCOTUS Announces Existence of Probable Cause for One Charge in Criminal Proceeding Does Not Categorically Defeat Fourth Amendment Malicious-Prosecution Claim Relating to Another Baseless Charge by Sam Rutherford by Sam Rutherford The Supreme Court of the United States held that a Fourth Amendment malicious-­prosecution lawsuit may proceed where one or …
Article • August 1, 2024 • from CLN August, 2024
SCOTUS Clarifies Nieves Exception to Lack of Probable Cause Requirement for First Amendment Retaliatory-Arrest Claim Does Not Require ‘Virtually Identical and Identifiable Comparators’ by Sam Rutherford by Sam Rutherford In a short, per curiam opinion, the Supreme Court of the United States clarified the scope of the exception set out …
Brief • July 10, 2024
Lilgerose, et al. v. Polis, et al., CO, Motion for Class Cert., Prison Slave Labor, 2024 DISTRICT COURT, DENVER COUNTY, COLORADO Denver City and County Building 1437 Bannock Street, Denver, CO 80202 PLAINTIFFS: RICHARD LILGEROSE and HAROLD MORTIS, on their own behalf and on behalf of those similarly situated v. …
Colorado Supreme Court Announces Parole Board Not Statutorily Required to Consider ‘Demonstrated Maturity and Rehabilitation’ When Deciding Whether to Release Sex Offenders Who Received Adult Sentences for Crimes Committed as Juveniles by Sam Rutherford by Sam Rutherford   In a case of first impression, the Supreme Court of Colorado held …
Brief • April 23, 2024
Porter v. Daggett, UT, Verdict, Cruel and Unusual Punishment, 2024 Case 2:18-cv-00389-DBB-DAO Document 424 Filed 04/23/24 PageID.7232 Page 1 of 7 THE UNITED STATES DISTRJCT COURT DISTRJCT OF UTAH DUSTIN LAW PORTER, STEVEN DROLLETTE, JOSHUA ASAY, and JOSHUA OLSEN, SPECIAL VERDICT FORM Case No. 2:18-cv-00389-DBB Plaintiffs, District Judge David Barlow …
Article • February 15, 2024 • from CLN February, 2024
Indiana Supreme Court Announces Civil Forfeiture Triggers Right to Jury Trial by Matthew Clarke by Matt Clarke The Supreme Court of Indiana held that civil forfeiture triggers the right to a jury trial. As Alucious Kizer fled from a traffic stop, he discarded 74 grams of methamphetamine, 67 grams of …
‘Silos’ Can Keep Police Departments From Knowledge of Extent of Police Abuse and Consequences of That Abuse by Matthew Clarke by Matt Clarke Around two decades ago, UCLA law professor Joanna Stewart was a civil rights attorney working on a large class-action lawsuit against the New York City Department of …
Article • August 1, 2023 • from CLN August, 2023
Filed under: Venue, Adequacy of Remedy
SCOTUS Announces Proper Remedy for Venue and Vicinage Clause Violations Is Retrial in Proper Venue, Not Barring Retrial by Richard Resch by Richard Resch The Supreme Court of the United States unanimously held that a conviction that is reversed based on a judicial determination that the Venue Clause and the …
Cops Aren’t Just Murdering People With Impunity – They Also Conduct Bogus Traffic Stops by Anthony Accurso by Anthony W. Accurso Police are tasked with upholding the law, but current case law has created a system where officers are actually incentivized to break the law by making bogus traffic stops. …
Publication • 2023
Carceral Deference-Courts and Their Pro-Prison Propensities, March 2023 DRAFT – NOT FOR CIRCULATION, DISTRIBUTION, OR CITATION. 3/7/23 5:21 AM CARCERAL DEFERENCE: COURTS AND THEIR PRO-PRISON PROPENSITIES Danielle C. Jefferis* 92 FORDHAM L. REV. ___ (2023) (forthcoming) ABSTRACT Judicial deference to non-judicial state actors, as a general matter, is ubiquitous. But …
Article • April 15, 2023 • from CLN May, 2023
Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners by Dale Chappell by Dale Chappell If you’re filing for post-convictionrelief under 28 U.S.C. § 2255, getting the court to grant an evidentiary hearing is a big step toward getting that relief. Successful § 2255 motions are often based on claims …
Texas Court of Criminal Appeals: Adding Felony Counts by Amending Indictment Constitutes Addition of More Offenses by Douglas Ankney by Douglas Ankney The Court of Criminal Appeals of Texas ruled that adding felony counts to an indictment via an amended indictment constitutes the adding of additional offenses to the indictment …
Article • February 15, 2023 • from CLN March, 2023
Ninth Circuit: No Qualified Immunity for Detective Who Arrested Anti-Police-Slogan Sidewalk Chalkers, but Not Other Chalkers Whose Content Wasn’t Anti-Police, Even Though There Was Probable Cause to Arrest by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Ninth Circuit held that a Las Vegas, Nevada, police …
Fifth Circuit Denies Absolute Immunity for Prosecutor Who Fabricated Evidence in Murder Conviction and Death Sentence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit affirmed an order of the U.S. District Court for the Middle District of Louisiana that denied absolute immunity to …
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