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Article • March 15, 2022 • from CLN April, 2022
Iowa Supreme Court Clarifies When Forensic Interviews of Child Complaining Witnesses Are Admissible by Douglas Ankney by Douglas Ankney The Supreme Court of Iowa clarified when forensic interviews of child complaining witnesses may be admitted into evidence at trial. Jake Skahill was tried on sexual offenses alleged to have been …
FBI hiding an unpublished police use-of-force database from FOIA requesters by Brooke Kaufman by Brooke Kaufman  For years, the FBI has been collecting information from police departments on their use of force. “Lackluster participation” from law enforcement, however, has prevented the agency from publishing public reports or statistics based on …
Article • February 15, 2022 • from CLN March, 2022
Texas Court of Criminal Appeals: Defendant Satisfied Requirements of Confession and Avoidance, ‘Unintentional Self-Defense’ Jury Instruction Allowed Against Charge of Intentional Offense by Douglas Ankney by Douglas Ankney The Texas Court of Criminal Appeals (“TCCA”) held that Marvin Rodriguez satisfied the requirements of confession and avoidance. The TCCA also instructed …
Article • February 15, 2022 • from CLN March, 2022
Michigan Supreme Court Announces 2011 SORA May Not Be Retroactively Applied to Registrants Whose Offenses Predated Its Enactment Because Doing So Violates Prohibition on Ex Post Facto Laws by Douglas Ankney by Douglas Ankney The Supreme Court of Michigan held that application of the state’s Sex Offenders Registration Act, MCL …
Article • February 15, 2022 • from CLN March, 2022
Connecticut Supreme Court Overrules Aquino, Holding Appeal Not Moot Where Defendant Deported During Pendency but Unclear Whether Appealed Conviction Sole Basis for Deportation by Douglas Ankney Holds Model Jury Instruction 2.6-14 Failed to Correctly Inform Jury on Investigative Inadequacy by Douglas Ankney The Supreme Court of Connecticut held that Model …
Article • January 18, 2022
Excited Delirium: Junk Science Used to Shield Cops Who Brutalize and Kill by Jo Ellen Nott by Jo Ellen Nott As part of the movement to reform policing in a nation shell-shocked by police brutality, oversight groups are starting to focus on the “excited delirium” justification for using lethal force …
Article • January 15, 2022 • from CLN February, 2022
Second Circuit Announces Defendant Need Only Produce ‘Some Credible’ Evidence for Jury Instruction on Entrapment Defense, Clarifying It’s a Burden of Production, Not Persuasion by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit announced that for purposes of the defense of entrapment, the defendant …
Article • January 15, 2022 • from CLN February, 2022
Filed under: junk science
New Study Reveals Digital Forensic Examiners Inclined to Biasability by Casey Bastian by Casey J. Bastian In a first-of-its-kind study, renowned cognitive bias expert Itiel Dror and co-author Nina Surnde researched the reliability and biasability (the impact of contextual information) of digital forensics (“DF”) experts’ performance. The study is titled …
Article • December 15, 2021 • from CLN January, 2022
Filed under: Settlements, Wrongful Death
Ninth Circuit: California Law Prohibiting Recovery of Loss of Life Damages Inconsistent With § 1983 by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit affirmed the ruling of the U.S. District Court for the Central District of California that Cal. Code Civ. Proc. § …
Article • December 15, 2021 • from CLN January, 2022
Filed under: Crime Labs, junk science
Microbiome: The Latest in Cutting Edge Forensics by Michael Fortino, Ph.D by Michael Fortino One week after the attacks of September 11, 2001, letters containing anthrax were mailed to several news outlets, and to the offices of two U.S. Senators, forcing the FBI to seek new and innovative methods to …
Article • November 15, 2021 • from CLN December, 2021
Filed under: Retroactivity, Resentencing
California Supreme Court Announces Suspended Execution of Sentence with Probation Imposed Is Not ‘Final’ so New Changes in Law Apply Retroactively on Appeal by Dale Chappell by Dale Chappell In a case that expands the retroactive application of new, more lenient laws passed by the Legislature after a defendant is …
Article • November 15, 2021 • from CLN December, 2021
Excited Delirium Syndrome: Pseudo-Scientific Shield for Law Enforcement’s Violent Behavior by Michael Fortino, Ph.D by Michael Fortino, Ph.D. By the time Denver Police Department (“DPD”) officers handcuffed Anthony Sleets on July 7, 2021, he was already having a bad day. He had passed out in a hotel parking lot after …
Article • November 15, 2021 • from CLN December, 2021
First Circuit Orders New Trial Following Detailed Discussion of Entrapment Defense and When Courts Must Give Jury Instruction by Douglas Ankney by Doug Ankney The U.S. Court of Appeals for the First Circuit clarified when trial courts must instruct juries on the defense of entrapment. As part of a “sting” …
Article • November 15, 2021 • from CLN December, 2021
Maryland Court of Appeals Announces Standard for Whether Scientific Evidence Is ‘Testimonial’ for Confrontation Right Purposes Under Article 21 of Maryland Declaration of Rights by Douglas Ankney by Douglas Ankney Citing lack of clear guidance from the U.S. Supreme Court, the Maryland Court of Appeals (“MCA” or “Court”) announced that …
Article • October 15, 2021 • from CLN November, 2021
Filed under: junk science
Current Forensic Sciences Not as Objective as Most Believe by Edward Lyon by Ed Lyon Television may well be the most effective propaganda tool in the world, especially when it comes to portraying forensic scientists and their laboratories as dispassionate and dedicated professionals and their laboratories as pristine and state-of-the-art …
Article • October 15, 2021 • from CLN November, 2021
Filed under: junk science
Study: Bloodstain Pattern Analyses Display Alarming Lack of Accuracy by Michael Fortino, Ph.D by Michael Fortino, Ph.D. In the summer of 2000, after discovering his wife and two small children fatally shot in the family’s car inside their garage, former Indiana State Trooper David Camm was arrested and charged with …
Article • September 15, 2021 • from CLN October, 2021
California Town Pays $6 Million to Family of Mentally Ill Man Tasered by Cop by A settlement was announced on August 10, 2021, between the city of Pleasanton, California, and the family of a mentally ill man who died after a struggle with city cops trying to restrain him in …
The Clash Between Closed-Source Forensic Tools and the Confrontation Clause by Anthony Accurso by Anthony W. Accurso Technology companies and prosecutors are working together to assert the right of the companies to protect their intellectual property in ways that deny criminal defendants their right to challenge the reliability of forensic …
Article • September 15, 2021 • from CLN October, 2021
Study Finds Lack of Uniformity in New DNA Technology by Jayson Hawkins by Jayson Hawkins Forensic DNA evidence has been used since the 1980s. Public confidence and familiarity with this method grew in the wake of the O.J. Simpson trial and the popularity of television police procedural shows, but the …
Article • September 10, 2021
Dementia Patient Wins $3 Million Settlement After Beat-Down by Colorado Cops by An elderly woman with dementia who suffered a fractured shoulder when a pair of Colorado cops wrestled her to the ground in June 2020—over $13.88 worth of merchandise she’d forgotten to pay for—won a $3 million settlement on …
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