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Article • May 9, 2018
Florida Man Arrested After He Flipped Off Pittsburgh Cop; Settles First Amendment Claim for $50,000 by Christopher Zoukis by Christopher Zoukis David Hackbart, a Tampa, Florida, resident, agreed to a $50,000 settlement with the city of Pittsburgh, Pennsylvania, and a Pittsburgh police officer, after being cited for disorderly conduct when …
Racially Motivated Traffic Stop and Arrest by Texas Police Leads to Settlement by Christopher Zoukis by Christopher Zoukis     After police in Brownsville, Texas, arrested a man for drunk driving and running a red light when tests showed that he was not intoxicated, the man sued for racially motivated …
Brief • May 9, 2018
Estes v. State of Texas, opinion, sexual assault on child penalty, 2018 IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0429-16 RUSSELL LAMAR ESTES, Appellant v. THE STATE OF TEXAS ON STATE’S & APPELLANT’S PETITIONS FOR DISCRETIONARY REVIEW FROM THE SECOND COURT OF APPEALS TARRANT COUNTY K EASLER, J., …
Arrest of War Protesters in Seattle Leads to Civil Rights Settlement by Christopher Zoukis by Christopher Zoukis      Three attendees of a 2006 march against the war in Iraq held in Seattle, Washington, agreed to settle a lawsuit in which they claimed their arrests violated their civil rights.      On …
Arkansas Woman Awarded $4,000 by Federal Jury Against Texarkana Police by Christopher Zoukis by Christopher Zoukis After suing Texarkana Police over Fourth Amendment civil rights violations, a female truck driver was awarded $4,000 in damages by an Arkansas federal jury.      On October 25, 2005, long-haul truck driver Bobbie Green …
Texas Policy Foundation Center for Effective Justice--Open Roads and Overflowing Jails--Addressing High Rates of Rural Pretrial Incarceration, May 2018 OPEN ROADS AND OVERFLOWING JAILS: Addressing High Rates of Rural Pretrial Incarceration by Marc Levin and Michael Haugen May 2018 May 2018 by Marc Levin Michael Haugen Center for Effective Justice …
Dortch v. Arkansas, evidence negligent homicide, opinion, 2018 Cite as 2018 Ark. 263 SUPREME COURT OF ARKANSAS No. CR-17-76 SAMMY W. DORTCH, JR. Opinion Delivered: April 26, 2018 APPELLANT APPEAL FROM THE INDEPENDENCE COUNTY CIRCUIT COURT [NO. 32CR-16-13] V. STATE OF ARKANSAS HONORABLE JOHN DAN KEMP, JUDGE APPELLEE AFFIRMED IN …
Brief • April 26, 2018
Neal v. Fairfax County Police Dept., license plate readers, opinion, April 2018 PRESENT: All the Justices HARRISON NEAL OPINION BY JUSTICE CLEO E. POWELL April 26, 2018 v. Record No. 170247 FAIRFAX COUNTY POLICE DEPARTMENT, ET AL. FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Robert J. Smith, Judge In this …
Article • April 19, 2018 • from CLN May, 2018
New Jersey Supreme Court Interprets Criminal Harassment Statute to Avoid First Amendment Problem by Christopher Zoukis by Christopher Zoukis In a case involving a dispute between two prison guards, the Supreme Court of New Jersey clarified the kind of conduct necessary to expose an individual to criminal liability for verbally …
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 …
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