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Article • December 15, 2020 • from CLN January, 2021
In New York, Former Prisoners With Mental Illnesses Lack Needed Support by Casey Bastian by Casey J. Bastian For human beings suffering from mental illness, living a safe and productive life can be extraordinarily difficult. Far too often, and all across America, thousands end up in prison as a result …
Article • December 15, 2020 • from CLN January, 2021
Lawsuit Challenges DEA Cash Seizures by Jayson Hawkins by Jayson Hawkins Traveling with large amounts of cash is perfectly legal, even on a commercial airliner, so Stacy Jones and her husband were unconcerned about putting over $40,000 in their carry-on luggage when they had to cut their casino vacation short. …
Article • December 15, 2020 • from CLN January, 2021
Ninth Circuit: Asking Single Objectionable Question Insufficient to Justify Termination of Defendant’s Right to Pro Se Representation by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit held that a defendant asking a single objectionable question, without more, was insufficient reason to justify the U.S. …
Article • December 15, 2020 • from CLN January, 2021
Sixth Circuit: Savings Clause Available for Retroactive Case of Statutory Interpretation Decided While § 2255 Motion on Appeal by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held on October 6, 2020, that a savings clause petition was the proper avenue to attack an …
Article • December 15, 2020 • from CLN January, 2021
New York Court of Appeals Clarifies When Police May Conduct Traffic Stops by Douglas Ankney by Douglas Ankney The New York Court of Appeals clarified when police may lawfully conduct traffic stops, explaining that “stopping a vehicle for a traffic infraction requires probable cause; stopping a vehicle for suspicion of …
Louisiana Supreme Court: Statute Compelling Registered Sex Offenders to Carry ID Emblazoned with ‘SEX OFFENDER’ Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Louisiana affirmed a district court’s holding that declared unconstitutional a state statute compelling registered sex offenders to carry identification emblazoned with the words “SEX …
Article • December 15, 2020 • from CLN January, 2021
Pennsylvania Supreme Court: No Probable Cause to Search Cellphones Merely Possessed in Proximity to Drugs and Guns by Dale Chappell by Dale Chappell The Supreme Court of Pennsylvania held on October 21, 2020, that there was no probable cause to search cellphones found on someone who was found in close …
Article • December 15, 2020 • from CLN January, 2021
Ninth Circuit: District Court Abdicated Daubert Gatekeeping Function by Failing to Make Reliability Findings on Expert Witness’ Testimony by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Ninth Circuit ruled that the U.S. District Court for the District of Arizona failed in its gatekeeping function …
Article • December 15, 2020 • from CLN January, 2021
Filed under: Flight Risk
New Mexico Supreme Court Clarifies Meaning of Key Terms in Aggravated Fleeing From Law Enforcement Statute by Anthony Accurso by Anthony Accurso The Supreme Court of New Mexico consolidated two cases on appeal to clarify the meaning of the terms “uniformed law enforcement officer” and “appropriately marked law enforcement vehicle” …
Article • December 15, 2020 • from CLN January, 2021
First Circuit: Prosecution Under Puerto Rico and Federal Law for Same Drug Offense Constitutes Double Jeopardy by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the First Circuit ruled that the Double Jeopardy Clause of the Fifth Amendment requires dismissal of a count in a federal indictment …
Arizona Supreme Court: Stipulated Plea Agreement Cannot Bar Review of Illegal Sentence by David Reutter by David M. Reutter The Supreme Court of Arizona held that the Court of Appeals “erred by effectively eliminating a defendant’s right to appeal a probation revocation sentence consistent with a plea agreement stipulation.” The …
Nevada Supreme Court: Search Invalid Where Police Failed to Properly Inventory Bag by Anthony Accurso by Anthony Accurso The Supreme Court of Nevada held that the district court properly suppressed evidence that resulted from an inventory search because police failed to properly inventory the defendant’s bag. Kimberly Marie Nye was …
Article • December 3, 2020
How to Spot Surveillance at Protests by Anthony Accurso by Anthony Accurso The Electronic Frontier Foundation’s (“EFF”) Senior Investigative Researcher Dave Maass has posted a 25-minute video titled “How To Observe Police Surveillance at Protests.” In it, Maass explains the visible and non-visible tools deployed against protesters. First and foremost, …
Article • December 3, 2020
Police Unions No Longer Welcome by Rank-and-File Labor by Michael Fortino, Ph.D by Michael Fortino, Ph.D. For nearly 123 years, police have enjoyed the privilege of organizing under various trade unions until recently when they began to be shunned by many of America’s larger labor organizations for violating the laborer’s …
Article • December 1, 2020
EFF Compiles Data on Surveillance Operations on Citizens Across the Nation by Dale Chappell by Dale Chappell The Electronic Frontier Foundation (“EFF”) released a new report in November 2020 on the variety of ways that law enforcement agencies spy on the general public. Called Real-Time Crime Centers (“RTCC”), police and …
Article • November 30, 2020
STRmix, a Mixed DNA Separating Technique, Proves its Worth in Criminal Cases by Dale Chappell by Dale Chappell Since being introduced in 2012, a technique for separating mixed DNA evidence called STRmix has been used in at least 220,000 cases worldwide. STRmix is sophisticated forensic software that resolves DNA samples …
Article • November 26, 2020
Study Finds Combination of Experts and Algorithms are Better at Recognizing Faces by Dale Chappell by Dale Chappell I have to admit, I would be the worst witness in court, because it seems I can’t recall a face I’ve seen even a hundred times. However, there are some people who …
North Carolina Supreme Court Announces Harbison Applies When Defense Counsel Implies Defendant’s Guilt Without Prior Consent by Douglas Ankney   by Douglas Ankney The Supreme Court of North Carolina extended State v. Harbison, 337 S.E.2d 504 (N.C. 1985) (holding per se violation of defendant’s constitutional right to effective counsel when …
Article • November 18, 2020
Philadelphia Joins Other Cities in Banning Police Use of Non-Lethal Force Against Protestors by Dale Chappell by Dale Chappell Just days after the shooting death of Walter Wallace Jr. by Philadelphia Police officers, the city council voted 14-3 to ban the use of “less lethal” munitions by police against demonstrators …
Revocation Nation: Reincarceration for Technical Parole Violations in the Age of COVID-19 by Jean Trounstine by Jean Trounstine, Boston Institute for Nonprofit Journalism, September 15, 2020 Jonathan Best had been out of prison for two years when he ended a rocky relationship with his girlfriend. Like many men and women …
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