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Article • January 15, 2021 • from CLN February, 2021
Fired San Francisco Cop Charged With Manslaughter for Fatally Shooting Unarmed Suspect by Dale Chappell by Dale Chappell The fired San Francisco Police Department (“SFPD”) officer who shot and killed an unarmed carjacking suspect in December 2017 faces multiple charges, including manslaughter, by the new district attorney who vowed to …
California Supreme Court Vacates Murder Conviction, Finds IAC for Failure to Obtain Expert Testimony on Time of Death by Dale Chappell by Dale Chappell In a case that hinged on the time of death to convict the defendant, the Supreme Court of California granted habeas corpus relief where defense counsel …
Article • January 15, 2021 • from CLN February, 2021
Sixth Circuit Vacates Sentence Because Government Failed to Prove Sentencing Enhancements Apply by Dale Chappell by Dale Chappell In a case where the Government failed to prove that firearm enhancements applied at sentencing, the U.S. Court of Appeals for the Sixth Circuit ruled that the U.S. District Court for the …
Article • December 23, 2020
Filed under: EP2P Software
LAPD Finally Admits to Using Controversial Facial Recognition Software, After Denying it for 10 Years by Dale Chappell by Dale Chappell The Los Angeles Police Department (“LAPD”) denied for over a decade that it used facial recognition software. It even boldly said it never used facial recognition when responding to …
Article • December 23, 2020
Makers of DNA Analytic STRmix Announce New Enhancement Allowing Better, Faster DNA Searches by Dale Chappell by Dale Chappell Makers of the ground-breaking DNA analyzing program STRmix have announced an addition to that program that will allow more robust DNA searches and analysis in criminal cases. It’s called DBLR (database …
Article • December 15, 2020 • from CLN January, 2021
Illinois Law Firm Offers Web Application to Help Automate Expungement by Douglas Ankney by Douglas Ankney Legal Aid Chicago and Chapman and Cutler LLP launched a web application to help expedite the process of clearing criminal records of offenses that are eligible for expungement and sealing. The Legal Aid Chicago …
Article • December 15, 2020 • from CLN January, 2021
Fifth Circuit: Special Conditions of Supervised Release That Barred Use of Internet, Computers, and Electronic Devices for 10 Years Not Substantively Reasonable by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit held that the special conditions of supervised release imposed by the U.S. District …
Article • December 15, 2020 • from CLN January, 2021
Ninth Circuit Reiterates Presumption of Innocence Remains Until Conviction, Grants Habeas Relief by Dale Chappell by Dale Chappell The U.S. Court of Appeals held that a prosecutor’s repeated statements to a jury that a defendant wasn’t presumed innocent violated the Constitution’s Due Process Clause and granted habeas relief. The case …
Court of Appeals of Maryland Clarifies Issues Involving Plea Agreements and Sentence Modifications Under Justice Reinvestment Act by David Reutter by David M. Reutter The Court of Appeals of Maryland answered four questions concerning the application of the Justice Reinvestment Act (“JRA”). The Court’s August 24, 2020, order focused on …
Article • December 15, 2020 • from CLN January, 2021
Filed under: Guard Unions
The Infuriating History of Why Police Unions Have So Much Power by Samantha Michaels The uprisings of 2020 might have finally cracked their invulnerability. by Samantha Michaels, Mother Jones As the year 1990 came to an end, a fight broke out during a New Year’s Eve celebration at the Juke …
Article • December 15, 2020 • from CLN January, 2021
Filed under: Wrongful Conviction
Wrongly Convicted North Carolina Man Released After 44 Years in Prison by Douglas Ankney by Douglas Ankney In 1976, an all-White jury from Concord, North Carolina, convicted Ronnie Long, a Black man, of raping a White woman and sentenced him to 80 years in prison. He was convicted despite a …
Article • December 15, 2020 • from CLN January, 2021
Filed under: Plea Bargaining
Law Review Article: Plea Bargains Lack Transparency by David Reutter by David M. Reutter More can be done to enhance the documentation and transparency in plea bargaining, argues Jenia I. Turner’s article in the Notre Dame Law Review. The article reviewed the plea bargaining laws and practices in the U.S. …
Eleventh Circuit Holds RICO Conspiracy Doesn’t Qualify as Crime of Violence for § 924(c) Purposes and Defendant’s 120-Year Sentence Was Procedurally Unreasonable by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Eleventh Circuit held that RICO conspiracy under 18 U.S.C. …
Article • December 15, 2020 • from CLN January, 2021
Don’t Call the Cops. Especially if Your Loved Ones Are Old, Disabled or Have Special Needs by John W. Whitehead by John W. Whitehead, The Rutherford Institute – Commentary “Anyone who cares for someone with a developmental disability, as well as for disabled people themselves [lives] every day in fear that …
Article • December 15, 2020 • from CLN January, 2021
Ninth Circuit Announces Panels of Court of Appeals May Fashion Remedy When District Court Commits Daubert Error by Douglas Ankney by Douglas Ankney In its November 5, 2020 opinion, the U.S. Court of Appeals for the Ninth Circuit, en banc, announced that panels of the Ninth Circuit may now fashion …
Article • December 15, 2020 • from CLN January, 2021
Texas Police S.W.A.T. Woman Over Anti-Cop Bumper Stickers by Edward Lyon by Ed Lyon Lauren Mestas of Austin, Texas, is an avid supporter of social justice and equality. She attended Black Lives Matter protests in Austin and was an eyewitness to the shooting of AK-47-toting Garrett Foster at the intersection …
Article • December 15, 2020 • from CLN January, 2021
Effective Crisis Management Without Police by Jayson Hawkins by Jayson Hawkins One of the many new elements in the recently energized movements for social justice and criminal justice reform is the call to “defund police.” Often misconstrued as a desire to do away with law enforcement altogether, defund advocates are …
Article • December 15, 2020 • from CLN January, 2021
Hip-Hop Police Bust Careers, Not Crime by Kevin Bliss by Kevin Bliss The New York Police Department’s (“NYPD”) Enterprise Operations Unit, also known as “the hip-hop police,” is accused of racially targeting rap bands. They surveil certain rappers, halt their video shoots, and stop their shows in an attempt to …
Article • December 15, 2020 • from CLN January, 2021
Michigan Supreme Court Reverses Murder Conviction Due to Unreliable, Suggestive Showup by Matthew Clarke by Matt Clarke The Supreme Court of Michigan held that a showup identification of the alleged shooter in a murder case was impermissibly suggestive and unreliable. Because the prosecution’s case was “significantly less persuasive” without the …
Article • December 15, 2020 • from CLN January, 2021
Startup Surveils Communities of Color for Police Using Twitter by Anthony Accurso by Anthony Accurso Twitter-oriented startup Dataminr markets itself as offering an AI-enabled tool designed to identify “threats” in real-time by scanning Twitter posts. Reporting by The Intercept shows, however, that humans are scanning Twitter feeds and creating “alerts” …
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