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Brief • February 17, 2025
Filed under: Public Records Act
HRDC v. Centurion Correctional Healthcare of New Mexico, LLC, NM, Settlement, Public Records, 2025 Settlement Agreement and Release NOW COMES the Human Rights Defense Center ("HRDC") and enters this Settlement Agreement and Release ("Agreement") with Centurion Correctional Healthcare of New Mexico, LLC ("Centurion") (collectively "Parties") as set forth below: WHEREAS, …
Article • February 15, 2025 • from CLN March, 2025
Study Reveals Best DNA Recovery Spots on Drug Baggies by James Mills by James Mills In a world of theoretical experiments, it’s rare to find one that’s directly applicable for law enforcement in the real world. This may just be one of those rarities. A recent study from Flinders University …
Article • February 15, 2025 • from CLN March, 2025
Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural by David Reutter by David M. Reutter The Court of Criminal …
California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements by Douglas Ankney by Douglas Ankney In consolidated appeals, the Court of Appeal of California, Fourth Appellate District, held that the evidence …
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 …
California Court of Appeal Announces Equal Protection Entitles Youth Offenders Convicted of Special Circumstances Murder Predicated on Robbery or Burglary to Franklin and Parole Hearings Under Cal. Penal Code § 3051 by Sam Rutherford by Sam Rutherford The Court of Appeal of California, District 1, held that Cal. Penal Code …
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 …
D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the D.C. Circuit held that a defendant being compelled to provide a thumbprint constitutes a testimonial act …
Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments by Sam Rutherford by Sam Rutherford The Supreme Court of Hawai’i reversed a murder conviction for prosecutorial misconduct where a deputy prosecutor described the defendant as a liar and inserted personal opinions concerning …
Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Third Circuit affirmed the U.S. District Court …
Reining in Police Monitoring of Social Media by Michael Thompson by Michael Dean Thompson Social media has revolutionized connectivity, allowing people to develop and maintain relationships well beyond what was possible just a generation earlier. The revolution has, however, enabled the joint planning, execution, and documentation of crimes. It is …
Article • February 15, 2025 • from CLN March, 2025
Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed by Anthony Accurso by Anthony W. Accurso The Supreme Court of Colorado held that a defendant who …
Article • February 15, 2025 • from CLN March, 2025
Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption by Sam Rutherford by Sam Rutherford In a case containing factual allegations that seem like they were lifted from a movie or novel, the U.S. Court of Appeals for the Fourth Circuit reversed …
First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased by Anthony Accurso by Anthony W. Accurso The United States Court of Appeals for the First Circuit held that the Government failed to satisfy its burden of proof that the emergency-aid exception …
Article • February 15, 2025 • from CLN March, 2025
First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant by David Reutter by David M. Reutter The United States Court of Appeals for the First Circuit vacated a two-level sentencing enhancement imposed …
Article • February 15, 2025 • from CLN March, 2025
Study: DNA Transfer in Social Settings by Michael Thompson by Michael Dean Thompson With every breath you take, you shed DNA. It is in the skin cells that flake off your body by the millions, the hair that floats off as you walk, and the oil you leave behind on …
Article • February 15, 2025 • from CLN March, 2025
Examining Pro-Prosecution Bias in the Judiciary: Unconscious Biases of a Prosecutorial Background by Casey Bastian by Casey J. Bastian Legal scholars and practitioners have begun raising concerns that there is a lack of judicial diversity on court benches in America and abroad. While there have been serious efforts to increase …
Law Enforcement Obscures Use of Facial Recognition Technology by Sam Rutherford by Sam Rutherford According to an investigative report conducted by the Washington Post and follow-up reporting on TechDirt.com, police departments nationwide are hiding the fact that they are identifying criminal suspects using facial recognition software. A Washington Post article …
Article • February 15, 2025 • from CLN March, 2025
A Gift America Can’t Return: The Police State Is America’s New Crime Boss by John W. Whitehead, Nisha Whitehead by John & Nisha Whitehead "There are always risks in challenging excessive police power, but the risks of not challenging it are more dangerous, even fatal.”—Hunter S. Thompson, Kingdom of Fear …
Police Departments Are Now Using AI to Write Reports by Anthony Accurso by Anthony W. Accurso Axon, a company that makes products (including weapons) and services available to police departments, has begun selling a new product designed to use artificial intelligence (“AI”) to turn bodycam audio into police reports. However, …
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