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Article • February 15, 2021 • from CLN March, 2021
Michigan Supreme Court: Police Must Limit Search of Cellphone Data to Uncovering Evidence of the Criminal Activity Alleged in Warrant by Douglas Ankney by Douglas Ankney The Supreme Court of Michigan held that police must limit a search of digital data from a cellphone in a manner reasonably directed to …
Article • February 15, 2021 • from CLN March, 2021
Texas Court of Criminal Appeals: Witness Testifying Remotely Via Two-Way Video Without Sufficient Reason Violates Confrontation Clause by Douglas Ankney by Douglas Ankney The Texas Court of Criminal Appeals (“TCCA”) held that permitting a witness to testify via two-way video based on reasons that did not further an important public …
Article • February 15, 2021 • from CLN March, 2021
Fifth Circuit: District Court Cannot Delegate to Probation Officer Authority to Impose Inpatient Treatment by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit held that a district judge may not delegate to a probation officer the decision to require inpatient, rather than outpatient, treatment …
Article • February 15, 2021 • from CLN March, 2021
Raid on Data Scientist’s Home Underscores Outdated Technology Laws and Unjustifiable Police Use of Force by Anthony Accurso by Anthony Accurso A police raid on the home of aFlorida data scientist involving officers who aimed loaded firearms at young children draws attention to issues of police misuse of force, outdated …
Article • February 15, 2021 • from CLN March, 2021
Fifth Circuit: No Qualified Immunity When Police Fatally Beat Unresisting Man Suffering Mental Health Crisis by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Fifth Circuit upheld the U.S. District Court for the Eastern District of Louisiana’s denial of qualified immunity to two police officers who …
Article • February 15, 2021 • from CLN March, 2021
Third Circuit Announces Prohibition Against Second Resentencing Under First Step Act Can Be Waived by Government by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Third Circuit handed down an opinion on December 21, 2020, holding that the prohibition against a subsequent resentencing in § 404(c) …
Article • February 15, 2021 • from CLN March, 2021
Seventh Circuit Joins Other Circuits Holding Any Crack Cocaine Offense Under § 841 Qualifies for First Step Act Relief by Dale Chappell by Dale Chappell In a case broadening the scope of relief for crack cocaine offenders under the First Step Act, the U.S. Court of Appeals for the Seventh …
Article • February 15, 2021 • from CLN March, 2021
California Court of Appeal: Counsel Ineffective for Failure to Investigate Mental Health History by Douglas Ankney by Douglas Ankney The California Court of Appeal, First Appellate District, vacated the denial of Patrick Sean O’Hearn’s motion to withdraw his guilty plea after concluding that defense counsel was ineffective for failing to …
Tenth Circuit Vacates Enhancement for Prior Crime of Violence Because it Wasn’t Independently Eligible to Receive Criminal History Points by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Tenth Circuit vacated a defendant’s sentence after ruling the U.S. District Court for the District of Colorado improperly …
Article • February 15, 2021 • from CLN March, 2021
North Carolina Supreme Court: Superior Court Abused Discretion by Flatly Prohibiting Questions on Racial Bias During Voir Dire by Douglas Ankney by Douglas Ankney The Supreme Court of North Carolina held that a superior court abused its discretion when it flatly prohibited the defense’s questions during voir dire regarding racial …
Article • February 15, 2021 • from CLN March, 2021
San Francisco Forensic Analyst’s Arrest on Drug Charges Exposes Flawed Lab by Derek Gilna by Derek Gilna Hundreds of innocent people may have gone to jail based on potentially flawed or falsified test results by San Francisco Office of Chief Medical Examiner (“OCME”) forensic analyst Justin Volk. This alleged misconduct …
Article • February 15, 2021 • from CLN March, 2021
Ninth Circuit Reverses Dismissal of Suit Challenging Idaho’s Sex Offender Registration Law by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit reversed the U.S. District Court for the District of Idaho’s dismissal of a lawsuit challenging Idaho’s Sexual Offender Registration Notification and Community Right-to-Know …
Article • February 15, 2021 • from CLN March, 2021
Filed under: Habeas Corpus
Column: Raising Successful Federal Habeas Corpus Claims by Dale Chappell by Dale Chappell Criminal cases are often riddled with errors. Judges err, prosecutors err, and of course defense lawyers are far from perfect. But when it comes to federal habeas corpus, not all errors are worth raising. Perhaps the most …
Article • February 15, 2021 • from CLN March, 2021
Fatal Shootings by Police Rarely Prosecuted by Jayson Hawkins by Jayson Hawkins The calls for social justice coming from nearly every city and town in America in 2020 were fueled primarily by two issues. The first was that people of color, often unarmed and without cause, were being killed by …
Article • January 27, 2021
DEA Drops Contract with Vendor by by Jayson Hawkins The double-edged sword of technology has made it possible for us to find virtually any information we are seeing in an instant, yet it has also made it possible for us to be found by any agency that can afford to …
Article • January 15, 2021 • from CLN February, 2021
Filed under: Forfeiture, Rule 41(g)
Police Say Seizing Property Without Trial Helps Keep Crime Down. A New Study Shows They’re Wrong. by Ian MacDougall Civil asset forfeiture laws, which allow police to seize property without trial, are frequently justified as tools to seize millions from kingpins. A new study reveals the median amount taken is as low …
Eleventh Circuit: Private Probation Company With Financial Interest in its Sentencing Decisions Violates Due Process by David Reutter by David M. Reutter The U.S. Court of Appeals for the Eleventh Circuit held Private Probation Services, Inc., (“PPS”) acted in a quasi-judicial capacity by making sentencing decisions and that it was …
Article • January 15, 2021 • from CLN February, 2021
Fifth Circuit: Conviction Vacated Because No Reasonable Suspicion to Search Person in High-Crime Area by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fifth Circuit reversed a defendant’s conviction for possessing a firearm after determining officers lacked reasonable suspicion to stop and search him. Raymond L. …
Article • January 15, 2021 • from CLN February, 2021
Filed under: News in Brief
News in Brief by Arizona: The family of 40-year-old Ryan Whitaker, who was fatally shot in the back by a police officer investigating a noise complaint, settled in December 2020 with the city of Phoenix for $3 million by unanimous City Council vote. Whitaker was shot in the doorway of …
Third Circuit: IAC Where Counsel Failed to Object to Accomplice-Liability Jury Instruction in Murder Case That Relieved State of Proving Specific Intent by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Third Circuit held that defense counsel provided ineffective assistance of counsel (“IAC”) for failing to …
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