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Article • February 15, 2021 • from CLN March, 2021
Filed under: Property
Police Departments Buying Teslas by Anthony Accurso by Anthony Accurso Reporting from TheNew Republic highlights how police departments are turning to electric car manufacturers to replace aging fleet vehicles. Climate change and pandemic budget-cuts have police departments considering ways to both save money and prepare for a green energy future. …
Article • February 15, 2021 • from CLN March, 2021
Nevada Supreme Court: Defendant Has Right to Withdraw Plea Where He Wasn’t Informed of Range of Possible Punishments by Douglas Ankney by Douglas Ankney The Supreme Court of Nevada held that a district court abused its discretion when denying Jack Paul Banka’s motion to withdraw his Alford plea (North Carolina …
Article • February 15, 2021 • from CLN March, 2021
Voters Speak: Dump Tough-On-Crime Prosecutors, Boost Police Oversight by Dale Chappell by Dale Chappell Voters across the nation let their votes speak loud and clear on what they wanted this past Election Day: More reform-minded prosecutors and more oversight and accountability of the police. In Los Angeles County, George Gascon …
Article • February 15, 2021 • from CLN March, 2021
Qualified Immunity - A Legal, Practical, and Moral Failure by Jay Schweikert by Jay Schweikert, Cato Institute, September 14, 2020 Qualified immunity is a judicial doctrine that protects public officials from liability, even when they break the law. The doctrine has no valid legal basis, it regularly denies justice to …
Article • February 15, 2021 • from CLN March, 2021
Filed under: News in Brief
News in Brief by California: Santa Clara County Sheriff’s Deputy Sukhdeep Gill, 27, was arrested in January 2021 for faking his own shooting and alleging he’d been a victim in a drive-by shooting while on patrol, according to thefreethoughtproject.com. He was charged with felony vandalism and falsely reporting a crime, …
Article • February 15, 2021 • from CLN March, 2021
Ohio Supreme Court: Jury Must Find Use of Force, Not Sentencing Court, for Mandatory Minimum Sentences by Anthony Accurso by Anthony Accurso The Supreme Court of Ohio held that a determination as to whether a defendant used force in the commission of the offense – a finding which raises the …
Article • February 15, 2021 • from CLN March, 2021
ACLU Spotlights FBI’s Encryption-Breaking Tool in Freedom of Information Suit by Derek Gilna by Derek Gilna The American Civil Liberties Union (“ACLU”) has peeled back the curtain of secrecy on the FBI’s undisclosed in-house capability of unlocking encrypted cellphones and other electronic devices. The ACLU had unsuccessfully sought information on …
Article • February 15, 2021 • from CLN March, 2021
North Carolina Supreme Court: Testimony That Improperly Bolstered Victim’s Credibility Was Plain Error by Douglas Ankney by Douglas Ankney The Supreme Court of North Carolina upheld a decision of the Court of Appeals (“COA”) that found plain error where an investigator from the Department of Social Services Child Protective Services …
Article • February 15, 2021 • from CLN March, 2021
Second Circuit Clarifies What Constitutes ‘Possession of a Dangerous Weapon’ and ‘Physical Restraint’ Under the Guidelines by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Second Circuit held that merely gesturing with a hand that a defendant possessed a gun during a robbery and ordering bystanders …
Article • February 15, 2021 • from CLN March, 2021
The Need for Legislation Governing Police Use of Robots by Douglas Ankney by Douglas Ankney In a December 2020 report in the libertarian magazine Reason, Bonnie Kristian presents a compelling case for legislation governing use of robots by police. She begins by comparing robots to the implementation and expanded use …
Article • February 15, 2021 • from CLN March, 2021
Ohio Supreme Court: ‘Avoid Impregnating a Woman’ as Probation Condition for Failing to Pay Child Support Unreasonable by Dale Chappell by Dale Chappell The Supreme Court of Ohio held that a condition requiring a man to “avoid impregnating a woman” while on probation for failing to pay child support was …
Texas Supreme Court Announces Factual-Sufficiency Standard of Review in SVP Determinations by Douglas Ankney by Douglas Ankeny The Supreme Court of Texas announced the standard governing factual-sufficiency review of a finding that a person is a sexually violent predator (“SVP”). In 2004, Jeffery Lee Stoddard pleaded guilty to two counts …
Article • February 15, 2021 • from CLN March, 2021
California Court of Appeal: SB 136 Makes Plea Agreement Containing Prior Prison Enhancement Unenforceable by Douglas Ankney by Douglas Ankney Division Five of the First Appellate District of the California Court of Appeal held that Senate Bill No. 136 (“SB 136”) made unenforceable a plea agreement that contained a one-year …
Article • February 15, 2021 • from CLN March, 2021
Massachusetts Supreme Judicial Court Announces Blood Alcohol Test Results From Blood Drawn Under Court Order but Without Consent Is Inadmissible by Matthew Clarke by Matt Clarke The Supreme Judicial Court of Massachusetts held that consent to testing and analysis is required for the results of a blood alcohol test to …
Article • February 15, 2021 • from CLN March, 2021
A 22-Year-Long Path to Justice by Jayson Hawkins by Jayson Hawkins In October 1993, 19-year-old Sean Ellis was arrested by Boston police for the murder of Detective John Mulligan. For more than 22 years after that day, Ellis fought his subsequent conviction, continually professed his innocence, and brought much-­needed attention …
Article • February 15, 2021 • from CLN March, 2021
Misinformation and the Carceral State by Jayson Hawkins by Jayson Hawkins A cloud of sensationalism, misinformation, and outfight propaganda has always hovered around government pronouncements and media coverage concerning crime and criminal justice. President Richard Nixon launched the War on Drugs in America in a speech before the nation’s governors …
Article • February 15, 2021 • from CLN March, 2021
SCOTUS: RFRA’s ‘Appropriate Damages’ Includes Monetary Awards by Douglas Ankney by Douglas Ankney A unanimous Supreme Court of the United States (“SCOTUS”) held that the express remedies provision of the Religious Freedom Restoration Act of 1993, 42 U.S.C. 2000bb et seq. (“RFRA”), permits litigants, when appropriate, to obtain money damages …
Article • February 15, 2021 • from CLN March, 2021
First Circuit Joins Sister Circuits Holding Hobbs Act Robbery Conspiracy not Crime of Violence for 924(c) by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the First Circuit held that conspiracy to commit Hobbs Act robbery is not a valid offense to allow a conviction for use …
Article • February 15, 2021 • from CLN March, 2021
Montana Supreme Court: Five-Year Delay Violates Speedy Trial and Is Presumptively Prejudicial by Douglas Ankney by Douglas Ankney The Supreme Court of Montana held that a five-year delay in bringing John Wilson Chambers to trial violated his right to a speedy trial, and the lengthy delay was presumptively prejudicial. In …
Article • February 15, 2021 • from CLN March, 2021
California Court of Appeal: Trial Court Abused Discretion by Denying Romero Motion and Life Sentence for Attempted Robbery Is Cruel and Unusual Under State Constitution by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Second Appellate District, held that a trial court abused its discretion by denying …
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