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Article • June 15, 2022 • from CLN July, 2022
Texas Court of Criminal Appeals Announces Overruled Motion for New Trial May Be Amended With Court’s Leave Within 30-Day Period After Sentenced Imposed by Matthew Clarke by Matt Clarke The Court of Appeals of Texas held that a motion for a new trial that has been overruled by the trial …
Article • June 15, 2022 • from CLN July, 2022
Expert Forensic Testimony Flawed by Implicit Racial Bias by Casey Bastian by Casey J. Bastian The unnecessary deaths of George Floyd and Breonna Taylor are examples of incidents that have raised public awareness and hastened conversations about racial bias in the criminal justice system. Reforms in policing have received the …
Article • June 15, 2022 • from CLN July, 2022
Cop Training Other Cops to Use Facial Recognition to ID Individuals During Traffic Stops by Anthony Accurso by Anthony W. Accurso Maryland Detective Nick Jerman was featured in a July 2021 episode of the Street Cop Podcast in which he teaches officers to use subterfuge and publicly available facial recognition …
Publication • 2022
Filed under: Costs
Debt Free Justice California-Civil Assessments-The Hidden Court Fee That Penalizes Poverty, March 2022 March 2022 [FL: Debt Free Justice California IDDE FEES ■ c:::::=::::===:::::::i ■ c:::::==:::::::i CIVIL ASSESSMENTS: The Hidden Court Fee that Penalizes Poverty Acknowledgements Contributors Lawyers’ Committee for Civil Rights of the San Francisco Bay Area Legal Director, …
Publication • 2022
US Court of Appeals -Section 1983 Outline-2022 United States Court of Appeals for the Ninth Circuit Office of Staff Attorneys Section 1983 Outline Updated 2022 Office of Staff Attorneys United States Court of Appeals for the Ninth Circuit This outline is intended for use as a starting point for research. …
Article • May 15, 2022 • from CLN June, 2022
Idaho Supreme Court Announces Prospectively Testimony by Drug Recognition Expert Requires State to Comply With Expert Witness Disclosure Requirements of Rule 16(b)(7) by Douglas Ankney by Douglas Ankney The Supreme Court of Idaho announced, “that henceforth, testimony from drug recognition expert requires the state to comply with the expert witness …
Filmmaker Got Back His $69,000 ‘Stolen’ by DEA Agent, Plus a $15,000 Settlement by Harold Hempstead by Harold Hempstead In August 2021, the U.S. Government agreed to pay Keddins Etiennes, an independent filmmaker, a $15,000 settlement, in addition to the approximately $69,000 they previously returned to Etiennes, that DEA Agent …
Article • May 15, 2022 • from CLN June, 2022
New RECOVER Fingerprint Technology Used to Solve 1983 Cold Case by Casey Bastian by Casey J. Bastian Forensic technologies are constantly being innovated in an ongoing effort to correctly solve crimes and create a better justice system. Identifying the correct suspect is vital to administering true justice. The sole detective …
Article • May 15, 2022 • from CLN June, 2022
Federal Habeas Corpus: Post-Filing Procedures in Seeking Habeas Relief by Dale Chappell by Dale Chappell After you’ve filed your petition for habeas relief in federal court, you may decide to take further actions, such as filing a motion to “stay” your proceedings, to appoint counsel, or to release you on …
Article • May 15, 2022 • from CLN June, 2022
New York Court of Appeals: Frye Hearing Required to Determine Admissibility of DNA Evidence Generated by Proprietary Forensic Statistical Tool by Douglas Ankney by Douglas Ankney The Court of Appeals of New York reversed an order of the Appellate Division that had affirmed a trial court’s order denying a hearing …
Article • May 1, 2022 • from CLN May, 2022
The Pseudoscientific Practice of Blood Spatter Analysis How the Desire for Convictions Drives Flawed Prosecutions by Anthony Accurso by Anthony W. Accurso The forensic science known as Bloodstain Pattern Analysis (“BPA”)—a.k.a. blood spatter analysis—is undergoing significant development after being the object of intense criticism regarding its reliability in the context …
Article • May 1, 2022 • from CLN May, 2022
Seventh Circuit: Four-Year Delay in Filing Appeal Excused Habeas Exhaustion Requirement Because Any Further Attempts for Postconviction Remedies in State Court Would Have Been Futile by Dale Chappell by Dale Chappell Waiting more than four years for a Wisconsin state court to hear a defendant’s appeal was “ineffective to protect …
Article • April 13, 2022
Jury Awards $14 Million to Anti-police Brutality Protesters Brutalized by Colorado Police Officers by Brooke Kaufman by Brooke Kaufman According to court documents published by Techdirt, a federal jury in Denver, Colorado, awarded $14 million in compensatory and punitive damages to 12 protestors injured by Denver police in the wake …
Article • March 15, 2022 • from CLN April, 2022
Filed under: junk science
Maryland Prosecutor Covers for FBI Agent’s Lies in Defense of Junk Science by Jayson Hawkins by Jayson Hawkins Despite the constant glamorization of forensic evidence analysis that has become so common on TV shows, regular readers of CLN should be well aware that what passes for “science” in many actual …
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 …
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