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Article • January 15, 2021 • from CLN February, 2021
Staggering Injustice by Derek Gilna Experts Say Cross-Racial Eyewitness Identification Errors Are Widespread and Contribute to Thousands of Wrongful Convictions by Derek Gilna In a time where much of the American criminal justice system is justifiably under intense pressure to eliminate potential racial bias, there is at least one issue …
Article • January 15, 2021 • from CLN February, 2021
Fourth Circuit Announces Payton’s ‘Reason to Believe’ Standard for Entering a Third-Party’s Home Based on Arrest Warrant for Suspect Amounts to Probable Cause Suspect Resides There by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that the phrase “reason to believe the suspect …
Article • January 15, 2021 • from CLN February, 2021
First Circuit: Double Jeopardy Protections Bar Government From Seeking Death Penalty at Retrial Where Jury’s Verdict Not Imposing Death at First Trial Ambiguous, and Trial Court Prematurely Declared Mistrial by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit ruled that the Government is barred …
Article • January 15, 2021 • from CLN February, 2021
Kansas Supreme Court Clarifies State Law Does Not Preclude Consent to Search Through Nonverbal Conduct by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas clarified that state law does not require consent to search to be verbal and that nonverbal conduct may constitute consent under the totality of …
Article • January 15, 2021 • from CLN February, 2021
Eighth Circuit Announces ‘Use of Minor’ Enhancement Inapplicable for Merely Buying Firearm From Minor by Dale Chappell by Dale Chappell In a question of first impression, the U.S. Court of Appeals for the Eighth Circuit vacated an enhanced sentence that was based on the “use of a minor to commit …
Article • January 15, 2021 • from CLN February, 2021
Illinois Supreme Court Announces Predicate Offenses of Home Invasion Statute are Lesser-Included Offenses of Home Invasion Statute by Douglas Ankney by Douglas Ankney The Supreme Court of Illinois ruled that the predicate offenses of the home invasion statute, 720 ILCS 5/12-11 et seq., are lesser-included offenses of that statute. A …
Article • January 15, 2021 • from CLN February, 2021
Eleventh Circuit Announces Drug Offenses Involving Multiple Drugs Can Qualify as ‘Covered Offense’ Under First Step Act if Crack One of the Drugs by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eleventh Circuit held on December 9, 2020, that as long as one of the …
SCOTUS Vacates Grant of Habeas Relief, Citing Habeas ‘Deference’ to State Court Decisions by Dale Chappell by Dale Chappell In a decision highlighting the deference to state court decisions under the Antiterrorism and Effective Death Penalty Act (“AEDPA”), the Supreme Court of the United States held on December 14, 2020, …
Ninth Circuit: Rehaif Error Requires Automatic Dismissal of Indictment by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Ninth Circuit held on September 17, 2020, that the Supreme Court’s ruling adding a “knowing” element to a statute requires automatic dismissal of an indictment that lacked that …
Article • January 15, 2021 • from CLN February, 2021
Predator or Patsy? Long Sentences for Those Caught in Victimless Child Sex Stings by The internet age has brought a whole range of problems to go along with the marvels of convenience and efficiency. One of these problems stems from the “connectivity” so often touted as a benefit of social …
Sex Panic: The War on Sex Offenders as Public Enemy Number One by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Fueled by a “moral panic” that evolved through the 1990s and into the mid-2000s, the war on “sex offenders” paralleled the war on drugs and was slated to eventually replace …
Article • January 15, 2021 • from CLN February, 2021
Montana Supreme Court: Statistical Evidence on False Accusations of Rape Improperly Bolstered Witness Credibility by Anthony Accurso by Anthony Accurso The Supreme Court of Montana ruled that the district court abused its discretion and denied defendant a fair trial by allowing expert witness testimony on statistics about false reports of …
Article • January 15, 2021 • from CLN February, 2021
Fifth Circuit Vacates Sentence Eight Times Higher Than Guidelines Range That Was Imposed Without Explanation by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fifth Circuit vacated a nearly 20-year sentence after the U.S. District Court for the Western District of Texas cited what the Government …
Article • January 15, 2021 • from CLN February, 2021
Ninth Circuit: Reasonable Suspicion Justifying Traffic Stop Doesn’t Provide Probable Cause to Open Door and Lean Inside Vehicle by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals ruled that reasonable suspicion permitting police to conduct a traffic stop did not provide police with probable cause to open the …
Article • January 15, 2021 • from CLN February, 2021
New York Court of Appeals Reverses Denial of Suppression Motion Where Prosecution Fails to Provide Specific Facts to Show Traffic Stop Was Lawful by Douglas Ankney by Douglas Ankney The Court of Appeals of New York reversed the decision of the appellate division that had affirmed a county court’s denial …
Article • January 15, 2021 • from CLN February, 2021
Illinois Supreme Court Announces Guilty Plea Doesn’t Bar Postconviction Claim of Actual Innocence and Provides Framework for Review by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Illinois held that a plea of guilty doesn’t bar a defendant from later asserting an actual …
Article • January 15, 2021 • from CLN February, 2021
Eleventh Circuit: District Court ‘Mischaracterizing’ Habeas Claim Left Claim Unresolved in Violation of Clisby, Requiring Remand by Dale Chappell by Dale Chappell In a case reiterating the Court’s hard rule that every claim must be addressed in a habeas petition before it is disposed, the U.S. Court of Appeals for …
New York Man Exonerated of Murder and Freed After 25 Years in Prison by Douglas Ankney by Douglas Ankney On November 19, 2020, New Yorker Jaythan Kendrick was exonerated of murder and freed from prison after serving 25 years. The Queens County Supreme Court vacated his 1995 conviction based on …
Article • January 15, 2021 • from CLN February, 2021
Federal Habeas Corpus: Retroactivity of New Rules by Dale Chappell by Dale Chappell Wouldn’t it be nice if the U.S. Supreme Court actually said when its decision constitutes a new rule and whether it applies retroactively? If only things were so easy. I remember the first time I heard a …
Article • January 15, 2021 • from CLN February, 2021
California Court of Appeal: Confrontation Clause Violation Where Supervisor, Not Lab Tech Who Performed Drug Tests, Testified at Trial by Anthony Accurso by Anthony Accurso The Court of Appeal of California, Fourth Appellate District, ruled that a defendant’s right to confront his accuser under the Six Amendment to the U.S. …
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