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Article • April 19, 2018 • from CLN May, 2018
Sixth Circuit Denies Qualified Immunity for Officers in No-Knock Home Entry Case by Richard Resch by Richard Resch On October 29, 2014, at about 4 a.m., 13 Highland Park, New Jersey, police officers performed a no-knock entry into the Greer family home. Without knocking or announcing their presence, the officers …
Article • April 19, 2018 • from CLN May, 2018
Illinois Supreme Court Strikes Down Part of Two Stalking Statutes as Unconstitutional by Richard Resch by Richard Resch The Supreme Court of Illinois has taken the relatively rare step of striking language from two stalking statutes as facially unconstitutional because they violate the First Amendment to the U.S. Constitution. In …
Article • April 19, 2018 • from CLN May, 2018
Kansas Supreme Court Rules Grant of ‘Use’ Immunity Insufficient to Compel Testimony by Richard Resch by Richard Resch Jose Delacruz, Anthony Waller, and three others participated in the robbery of Joshua Haines, who was murdered during the act. Delacruz was convicted of aggravated robbery, but he was acquitted of felony …
Article • April 19, 2018 • from CLN May, 2018
Congressional Spending Bill Provision ‘Clouds’ Constitutional Rights in Criminal Probes by Steve Horn by Steve Horn Civil liberties advocates have decried a provision tucked into the budget bill recently passed by Congress and signed into law by President Donald Trump, as an end-run around constitutional protections guaranteed under the Fourth …
Johnson, Every v. Thibodaux City, La., opinion, prolonged traffic stop, 2018 Case: 17-30088 Document: 00514434369 Page: 1 Date Filed: 04/17/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-30088 United States Court of Appeals Fifth Circuit FILED April 17, 2018 Lyle W. Cayce Clerk JACKALENE ROSA …
Brief • April 16, 2018
Filed under: Trials, Sixth Amendment
Idaho v. Vasquez, ID, opinion, trial court structural defect error, 2018 IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 45346 STATE OF IDAHO, ) ) ) ) ) ) ) ) ) ) ) Plaintiff-Respondent, v. IDA PEREZ VASQUEZ, Defendant-Appellant. Boise, January 2018 Term 2018 Opinion No. …
Brief • April 4, 2018
State of Hawaii v. Williander, opinion, denial of compulsory process at trial, 2018 *** FOR PUBLICATION IN WEST’S HAWAI#I REPORTS AND PACIFIC REPORTER *** Electronically Filed Supreme Court SCWC-15-0000759 04-APR-2018 08:34 AM IN THE SUPREME COURT OF THE STATE OF HAWAI#I ---o0o--STATE OF HAWAI#I, Respondent/Plaintiff-Appellee, vs. GJ WILLIANDER, Petitioner/Defendant-Appellant. SCWC-15-0000759 …
West Virginia Supremes: Previous Nonviolent Crimes, Life Sentence Unconstitutional by Dale Chappell by Dale Chappell The Supreme Court of Appeals of West Virginia held that a life sentence based on two prior driving on a revoked license felonies violated the West Virginia Constitution’s provision that “[p]enalties shall be proportioned to …
Article • March 16, 2018
Inadequate Public Defender Offices Prompt ACLU Suit by Dale Chappell by Dale Chappell "Innocent until proven guilty” is a “cruel and hollow motto when you don’t have an adequate defense, and the government is employing its vast resources to lock you up and take away your freedom,” the ACLU says …
Article • March 16, 2018 • from CLN April, 2018
U.S. Supreme Court: Guilty Plea No Bar to Defendant Challenging Constitutionality by Richard Resch by Richard Resch The U.S. Supreme Court held that a guilty plea alone does not bar a federal criminal defendant from challenging the constitutionality of his statute of conviction on direct appeal. In September 2013, Rodney …
Article • March 16, 2018 • from CLN April, 2018
Filed under: Second Amendment
Illinois Supremes: Barring Firearms Within 1,000 Feet of Parks Facially Unconstitutional by Richard Resch by Richard Resch In April 2013, Julio Chairez pleaded guilty in connection with a plea agreement to possessing a firearm within 1,000 feet of a park in violation of Section 24-1(a)(4), (c)(1.5) of the Unlawful Use …
Article • March 16, 2018 • from CLN April, 2018
7 Years Pre-Trial Incarceration: Vacated Convictions by This decision is a rare example of a criminal defendant actually getting permanent relief based on a violation of his speedy trial rights. Joseph Tigano, III and his father, Joseph Tigano, Sr., were arrested on July 8, 2008 on charges related to a …
Article • March 16, 2018 • from CLN April, 2018
Pennsylvania Supreme Court: Police Emergency Lights Next to Parked Car Constitute Seizure by Dale Chappell by Dale Chappell When a Pennsylvania state trooper turned on his emergency lights and pulled next to a car parked on the side of the road, it was an “investigative detention” for which he did …
Archibald v. County of San Bernardino, CA, Verdict, Police Shooting, 2018 ; .. Case 5:16-cv-01128-AB-SP Document 154 Filed 03/13/18 Page 1 of 5 Page ID #:2528 1 ORIGINAL DUPLICATE 2 r--- ·· 3 ·-fl fa CLERK, \J.~. :llSTrdC f l. ·.-l ir\: 4 5 HAR l 3 2018 6 ~ENTRAL …
November v. Chesterfield County, VA, Settlement, Taser Burn and Injury, 2018 GENERAL RELEASE AND SETTLEMENT OF ALL CLAIMS TillS GENERAL RELEASE AND SETILEMENT OF ALL CLAIMS ("Release") is being made on this _day ofMarch, 2018, by MILES ZACHARY-COLE NOVEMBER (the undersigned), party ofthe first part, and the County of Chesterfield, …
Brief • March 1, 2018
United States v. Bowman, NC, Opinion, Witness Intimidation, 2018 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-4848 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. BRIAN BOWMAN, Defendant – Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. …
Death Penalty Information Center - Behind the Curtain - Secrecy and the Death Penalty, 2018 BEHIND THE CURTAIN: Secrecy and the Death Penalty in the United States BEHIND THE CURTAIN: Secrecy and the Death Penalty in the United States A report by the Death Penalty Information Center Principal Author: Robin …
Publication • November 1, 2017
Profiting Off Lifelines, ACLU Nebraska, 2017 Profiting Off Lifelines Nebraska County Jail Phone Systems Lead to High Costs and Unfair Trials THE HIGH COST OF COUNTY JAIL PHONE SYSTEMS 1 INTRODUCTION The ACLU of Nebraska is a non-profit, nonpartisan organization that works to defend and strengthen the individual freedoms and …
Justice v. Justus, et al, WV, Complaint, Excessive Force, 2017 Case 1:17-cv-03967 Document 1 Filed 09/11/17 Page 1 of 16 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION JAMIE S. JUSTICE, Plaintiff, 1:17-cv-03967 Civil Action No. __________ v. RALPH W. …
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