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Why Coroners Often Blame Police Killings on a Made-Up Medical Condition by Samantha Michaels An interview with Harvard health researcher Justin Feldman. by Samantha Michaels, Mother Jones A day after police officer Derek Chauvin pressed his knee against George Floyd’s neck in Minneapolis, killing him, a county medical examiner began …
Article • November 15, 2020 • from CLN December, 2020
Cincinnati Police Department Agrees to Audit of Its DNA Database by Douglas Ankney by Douglas Ankney The Innocence Project of New York, along with the Cincinnati, Ohio, law firm of Gerhardstein & Branch (collectively “Plaintiff’s Counsel”), negotiated a settlement on September 14, 2020, wherein the Cincinnati Police Department (“CPD”) agreed …
Article • November 15, 2020 • from CLN December, 2020
Time to Curb Police Unions by Bill Barton by Bill Barton The May 25, 2020, death of George Floyd under the left knee of Derek Chauvin in Minneapolis served as the proverbial “straw that broke the camel’s back” when it came to spurring widespread public outcry over the seemingly endless …
New Report Shows More Than Half of Wrongful Convictions Involved Misconduct by Police and Prosecutors by Dale Chappell by Dale Chappell More than half of the cases where innocent people were wrongfully prosecuted and imprisoned over the last three decades involved misconduct by the police and/or prosecutors. This comes from …
Article • November 15, 2020 • from CLN December, 2020
Federal Judges Beginning to Reject Geofence Warrants by Anthony Accurso by Anthony Accurso Geofence warrants have become a common way for law enforcement to link a crime to a suspect using data gathered from smartphones. However, this process is legally dubious, and two federal judges from the district court in …
Article • November 15, 2020 • from CLN December, 2020
Second Circuit: Nondescript Photo of Unidentified Black Male Insufficient Grounds to Conduct Investigatory Stop by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Second Circuit reversed a lower court order denying defendant’s evidence suppression motion on the grounds that a photo, which provided very little identifying …
Article • November 15, 2020 • from CLN December, 2020
Filed under: Jury Instructions, Verdicts
Kansas Supreme Court Reverses Conviction Where Trial Court Refused to Give Self-Defense Instruction by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas reversed Michael Alan Keyes’ murder conviction because the district court refused to give his requested self-defense instruction. Keyes was tried for the murder of Jimmy Martin. …
Article • November 15, 2020 • from CLN December, 2020
Government Enforcers Are Still Cops by Jayson Hawkins   by Jayson Hawkins  The police-involved killing of George Floyd in late May 2020 has proven to be a rallying cry against systemic racism across America. The sight of a man begging to breathe while a cop knelt on his neck for …
Article • November 15, 2020 • from CLN December, 2020
Filed under: News in Brief
News in Brief by   Canada: A trial was underway in October 2020 for Calgary Constable Alex Dunn, who is accused of assault causing bodily harm during a 2017 arrest. “Dalia Kafi, who is Black and was 26 years old at the time, had been arrested on the accusation she …
Article • November 15, 2020 • from CLN December, 2020
Seventh Circuit: Prior Conviction Under Overbroad State Drug Statute May Be Used in Career Criminal Enhancement But Not For Prior Drug Crimes Enhancement by Matthew Clarke by Matt Clarke On July 20, 2020, the U.S. Court of Appeals for the Seventh Circuit held that a prior state drug conviction under …
Article • November 15, 2020 • from CLN December, 2020
Filed under: Double jeopardy
Colorado Supreme Court: Convictions for Murder and Attempted Murder Violate Double Jeopardy by Douglas Ankney by Douglas Ankney The Supreme Court of Colorado held that Brandon Jackson’s convictions for both murder and attempted murder violate the protections against double jeopardy. Jackson, along with other members of the gang known as …
Article • November 15, 2020 • from CLN December, 2020
Fourth and Fifth Circuits Reopen Decades-Old Cases for Habeas Relief Due to Brady Violations by Dale Chappell by Dale Chappell Within weeks, the U.S. Courts of Appeals for the Fourth and Fifth Circuits opened the doors on two decades-old cases, allowing the possibility for habeas corpus relief based on withheld …
Article • November 15, 2020 • from CLN December, 2020
Filed under: Resentencing, Validity of
Eighth Circuit Vacates Sentence After District Judge Interfered With Plea Negotiations and Made Disparaging Remarks About Federal Judiciary by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eighth Circuit vacated Seneca Harrison’s sentence because the judge for the U.S. District Court for the Western District of …
Article • November 15, 2020 • from CLN December, 2020
Massachusetts Supreme Court: Brady Requires Disclosure of Exculpatory Material Revealed During Immunized Testimony Before Grand Jury by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts affirmed an order of a trial judge requiring a district attorney to disclose to defense attorneys details of misconduct by two police …
Article • November 15, 2020 • from CLN December, 2020
First Circuit Announces Residual Clause of U.S.S.G. § 4B1.2(a)(2) When Applied Pre-Booker Is Unconstitutional Under Johnson by Douglas Ankney by Douglas Ankney Bucking the trend among the majority of federal circuits, the U.S. Court of Appeals for the First Circuit announced that the residual clause of U.S. Sentencing Guidelines (“U.S.S.G.” …
Article • November 15, 2020 • from CLN December, 2020
Filed under: Habeas Corpus
Federal Habeas Corpus: Time Limits for Filing by Dale Chappell by Dale Chappell In my first column in this series on federal habeas corpus for state and federal prisoners, we’ll go over time limits for filing in federal court and how those time limits are calculated. The following information is …
Article • November 15, 2020 • from CLN December, 2020
Seventh Circuit: Incompetent Advice to Reject Plea Offer Requires Evidentiary Hearing by David M. Reutter by David M. Reutter The U.S. Court of Appeals for the Seventh Circuit held a district court erred in failing to grant an evidentiary hearing on a claim that counsel rendered ineffective assistance by advising …
Article • November 15, 2020 • from CLN December, 2020
New Hampshire Supreme Court Announces Adoption of Lafler When Reviewing IAC Claims in Plea Bargain Cases by Douglas Ankney by Douglas Ankney The Supreme Court of New Hampshire announced that it has adopted the approach of Lafler v. Cooper, 566 U.S. 156 (2016), in reviewing claims of ineffective assistance of …
Article • November 15, 2020 • from CLN December, 2020
Third Circuit Announces Resentencing Under First Step Act Requires Use of § 3553(a) Factors by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Third Circuit held on September 15, 2020, that when a district court determines that a person is eligible for sentencing relief under the …
Article • November 15, 2020 • from CLN December, 2020
Ninth Circuit: California Conviction Under § 261.5(c) Not Predicate Offense For § 2252(b)(1) Enhancement by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Ninth Circuit held that a defendant’s conviction under California Penal Code § 261.5(c) is not a predicate offense triggering a higher mandatory sentencing …
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