Skip navigation

Search

4160 results
Page 109 of 208. « Previous | 1 2 3 4 ... 105 106 107 108 109 110 111 112 113 ... 204 205 206 207 208 | Next »

Article • November 15, 2020 • from CLN December, 2020
Fifth Circuit: Consecutive Sentence for FTA Must Be Part of ‘Total Punishment,’ Not Merely a Stacked Sentence by by Dale Chappell The U.S. Court of Appeals for the Fifth Circuit held that a mandatory consecutive sentence for a failure to appear (“FTA”) conviction must be calculated as part of the …
Article • November 15, 2020 • from CLN December, 2020
Colorado Supreme Court: Felony DUI Conviction Requires ‘Mandatory Sentencing’ Triggering Right to Preliminary Hearing by Anthony Accurso   by Anthony Accurso  The Supreme Court of Colorado, proceeding from original jurisdiction on appeal from a district court, held that the district court erred in denying a preliminary hearing to a defendant …
Article • November 15, 2020 • from CLN December, 2020
Sixth Circuit Vacates First Step Act Resentencing Denial Where Court Failed to Consider Post-Sentencing Conduct by Anthony Accurso   by Anthony Accurso In a decision filed on August 26, 2020, the U.S. Court of Appeals for the Sixth Circuit vacated the U.S. District Court for the Western District of Kentucky’s …
Montana Supreme Court: Renter’s Privacy Not Diminished By Landlord’s Probationary Status by Anthony Accurso   by Anthony Accurso The Supreme Court of the State of Montana held that a defendant’s rights to be free from unreasonable searches and seizures and invasions of privacy were violated when his landlord’s probation officer …
Article • November 15, 2020 • from CLN December, 2020
Filed under: Safety Valve
Fifth Circuit: Safety Valve Isn’t Up to the Government by Dale Chappell   by Dale Chappell The U.S. Court of Appeals for the Fifth Circuit held on August 21, 2020, that it’s not up to the Government to determine whether a defendant qualifies for a reduced sentence under the safety …
Article • November 15, 2020 • from CLN December, 2020
Maine Supreme Court: SORNA Ruled Ex Post Facto Punishment for Defendant by Anthony Accurso by Anthony Accurso In a decision issued August. 13, 2020, the Maine Supreme Judicial Court held that the Sex Offender Registration and Notification Act of 1999 (“SORNA of 1999”) was unconstitutionally applied to a defendant in …
Article • November 8, 2020
Filed under: Drug Laws/Offenses
Oregon Decriminalizes Heroin, Cocaine, Meth, and Other Drugs by Dale Chappell by Dale Chappell Yes, it’s true: Oregon voted to decriminalize personal possession of recreational drugs, including heroin, cocaine, methamphetamine, and others this past Election Day. It’s an effort to stop “penalizing addiction,” the new law says, and to focus …
Article • November 3, 2020
Filed under: Cell-Phones
IRS May Have Obtained Phone Location Data Without Warrant by Anthony Accurso by Anthony Accurso The Treasury Inspector General for Tax Administration (“TIGTA”) is expected to investigate a claim that the IRS Criminal Investigation (“CI”) unit attempted to obtain location data on suspects without first obtaining a warrant. The Supreme …
Article • October 21, 2020
$90,042.12 Awarded in Fees and Costs in Seattle Terry Stop Case by Mark Wilson by Mark Wilson  On August 4, 2011, a federal court in Washington state granted attorneys’ fees and costs on a Plaintiff’s Terry stop verdict. Yet the court reduced the $418,000 fee award request to just $90,042.12 …
Article • October 18, 2020
Your Neighborhood Does Not Need an Automated License Plate Reader by Anthony Accurso by Anthony W. Accurso Companies are targeting Homeowners Associations and Neighborhood Associations as potential customers for Automated License Plate Readers (ALPRs), promising the devices will keep neighborhoods safe. However, there is no evidence these devices improve safety, …
Article • October 17, 2020
QAnon and Some Cops Are Bedfellows by Douglas Ankney by Douglas Ankney QAnon is a name associated with bizarre conspiracy theories. One is that a Satanic cabal of high-profile liberal pedophiles is running a worldwide sex ring. Another theory concerns a plot about kidnapped children held in underground tunnels so …
Article • October 15, 2020 • from CLN November, 2020
Police Unions: Obstacles to Criminal Justice Reform and Police Accountability by Douglas Ankney by Douglas Ankney This article examines how police unions have used their contracts or Collective Bargaining Agreements (“CBA”) and lobbied for special legislation known as the Law Enforcement Officers Bill of Rights (“LEOBR”) to create a system …
Article • October 15, 2020 • from CLN November, 2020
Less Lethal Munitions Still Deadly by Edward Lyon by Ed Lyon In the late 1960s, a young Ohio National Guard soldier fatally wounded a person protesting the Vietnam War at Kent State University. It was not the first or the last time this would occur. Incidents like these probably went …
Article • October 15, 2020 • from CLN November, 2020
Fourth Circuit Announces Discretionary Conditions of Supervision Must Be Orally Pronounced at Sentencing by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fourth Circuit reversed and remanded for resentencing a case because the U.S. District Court for the Western District of North Carolina imposed 26 conditions …
Deal Presented by Kentucky Prosecutor Evidence of Effort to Smear Breonna Taylor by Casey Bastian by Casey Bastian Jamarcus Glover was offered a plea agreement on July 13, 2020, by Commonwealth attorney Tom Wine. Glover is a convicted felon with a history of drug trafficking. The plea would reduce the …
Article • October 15, 2020 • from CLN November, 2020
Attacking the Guilty Plea: Waivers, Breaches, and Getting More Time After a Successful Challenge by Dale Chappell by Dale Chappell In this final column based on my book, WinningCites: Attacking the Guilty Plea, we’ll go over how plea waivers and breaches of plea agreements impact challenging a guilty plea, and …
Article • October 15, 2020 • from CLN November, 2020
Pennsylvania Supreme Court Announces Reckless Prosecutorial Misconduct Constitutes Overreaching Sufficient to Trigger Double Jeopardy Protections by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania concluded that Article I, Section 10 of the Pennsylvania Constitution, prohibition against double jeopardy, bars retrial because the prosecutor’s misconduct that evinced a conscious …
Article • October 15, 2020 • from CLN November, 2020
The 1971 Stanford Prison Experiment Showing Authoritarian Abuse Still Relevant Today by Michael Fortino, Ph.D by Michael Fortino, Ph.D. You may not remember the 1971 Stanford University Prison Experiment. Maybe you were not yet born, but the outcome of this infamous study depicted a reality where everyday people, when assigned …
Article • October 15, 2020 • from CLN November, 2020
Eighth Circuit: Counsel Ineffective for Not Recognizing § 851 Enhancement Should Not Have Applied by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Eighth Circuit reversed the U.S. District Court for the District of North Dakota’s denial of a defendant’s 28 U.S.C.§ 2255 motion and held …
Article • October 15, 2020 • from CLN November, 2020
Mississippi Supreme Court Vacates Capital Murder Conviction Obtained With Bite Mark Comparison Evidence by Matthew Clarke by Matt Clarke On August 27, 2020, the Supreme Court of Mississippi held that a change in the guidelines of the American Board of Forensic Odontology (“ABFO”) prohibiting testimony that bite mark comparison could …
Page 109 of 208. « Previous | 1 2 3 4 ... 105 106 107 108 109 110 111 112 113 ... 204 205 206 207 208 | Next »