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Article • December 15, 2024 • from CLN January, 2025
Sixth Circuit Announces Ohio’s Standard for Judicial Bias Contrary to Clearly Established Federal Law, Holds Trial Judge Unconstitutionally Biased in Capital Case and Defendant Denied Right to Present Mitigating Evidence, Grants Habeas Relief by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Sixth Circuit granted an …
Article • December 15, 2024 • from CLN January, 2025
California Supreme Court Announces Retroactivity of 2022 Version of Penal Code § 1170 to Upper-Term Sentences Imposed Before Its Enactment by Sam Rutherford by Sam Rutherford The California Supreme Court held that the 2022 amendments to Penal Code § 1170, which limits a trial court’s ability to impose an upper-term sentence …
Article • December 15, 2024 • from CLN January, 2025
Filed under: News in Brief
News in Brief by Alabama: A former Huntsville, Alabama police officer, William “Ben” Darby, was sentenced again on October 26, 2024, to 25 years for the fatal shooting of a suicidal man in 2018, according to the Slate Report. Darby was convicted for the second time in May 2024 of …
Article • December 15, 2024 • from CLN January, 2025
Filed under: DNA Testing/Samples
DNA on Fired Cartridge Casings: Promising Advances to Link Suspects to Crime Scenes by DNA analysis of fired cartridge casings has been studied since the early 2000s and continues to be an emerging field in forensic investigations. While cartridge casings have been traditionally examined for fingerprints and tool marks, recent …
Federal Law Enforcement Using Banks to Circumvent Warrant Requirement in Surveilling Sensitive Financial Data of Americans by James Mills by James Mills Federal law enforcement agencies have been gathering sensitive financial information of American citizens by manipulating the Suspicious Activity Report (“SAR”) system, according to the House Judiciary Committee. The …
Article • December 15, 2024 • from CLN January, 2025
Recovering Deleted Messages by Michael Thompson by Michael Dean Thompson It should come as no surprise that anything you delete on your device is not necessarily gone. Cops using forensic software can often look into a device’s primary storage (as well as cloud storage) and pull up information that the …
Article • December 15, 2024 • from CLN January, 2025
Eleventh Circuit Announces Defendant Must Know Leaving Residential Facility Without Permission Is ‘Unlawful’ for Escape Conviction Under 28 U.S.C. § 4082(a) by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Eleventh Circuit reversed a federal criminal defendant’s escape conviction for leaving a residential reentry facility without …
Article • December 1, 2024 • from CLN December, 2024
Filed under: Databases, DNA Evidence
Forensic Genetic Genealogy: Police Are Searching Genetic Genealogy Companies’ Databases Regardless of Whether They Have Permission by Matthew Clarke, Ann Foster by Matt Clarke with research assistance by Ann Foster Millions of people have submitted oral cheek (buccal) swab samples to companies like 23andMe and Ancestry hoping to use their …
Article • December 1, 2024 • from CLN December, 2024
Texas Court of Criminal Appeals Announces Prosecution’s Duty to Provide Discoverable Evidence Upon Request Applies to Discoverable Items in Law Enforcement Agencies’ Possession Unbeknownst to Prosecution and Exclusion Is Appropriate Remedy for Violation by Sam Rutherford by Sam Rutherford The Texas Court of Criminal Appeals, that state’s highest court of …
Third Circuit: Despite ‘Expressly and Repeatedly’ Requesting Low-End Sentence, Government Breached Plea Agreement by Emphasizing ‘Heinous’ Nature of Offense and Presenting Victim-Impact Evidence at Sentencing Thereby Undermining Recommendation by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Third Circuit held that the Government breached its promise …
Michigan Supreme Court: Fundamentally Unfair to Deny Indigent Defendant Funds to Retain False Confession Expert Where Genuineness of Confession Key Issue at Trial by Sam Rutherford by Sam Rutherford The Supreme Court of Michigan held that it is fundamentally unfair to deny an indigent defendant’s request for funds to retain …
California Supreme Court Announces Uncharged and Unproven Offense-Specific Enhancements May Not Be Imposed Under § 1172.6(e) Resentencing by Sam Rutherford by Sam Rutherford The Supreme Court of California held that a trial court may not impose a sentencing enhancement that was neither pleaded and found true by the trier of …
Article • December 1, 2024 • from CLN December, 2024
Ninth Circuit Grants Habeas Relief to California Prisoner on Napue Claim Because Prosecution Failed to Correct Informant’s False Testimony That He Did Not Receive Any Benefit In Exchange for His Testimony by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit reversed the U.S. District …
Article • December 1, 2024 • from CLN December, 2024
Missouri Man Awarded Record $38 Million After Insurance Company Refuses to Pay Wrongful Conviction Settlement by Sam Rutherford by Sam Rutherford A jury recently awarded a Missouri man $38 million dollars against Travelers Companies, Inc. and its subsidiaries after the insurance company refused to pay an $11 million settlement the man …
Article • December 1, 2024 • from CLN December, 2024
Chula Vista’s Police Drones by Michael Thompson by Michael Dean Thompson The Federal Aviation Administration has relaxed its rules so that drones can be flown beyond line-of-sight by certain groups such as cops, firefighters, and even construction companies. Some policing agencies are choosing drones that only point the camera down …
Article • December 1, 2024 • from CLN December, 2024
Mississippi Supreme Court: Defendant’s Guilty Plea Not Knowing and Voluntary Because He Was Not Informed of His Habitual Offender Status by Sam Rutherford by Sam Rutherford The Supreme Court of Mississippi held that a defendant’s guilty plea to two forged prescription drug charges was not knowing and voluntary because he …
Article • December 1, 2024 • from CLN December, 2024
Indiana Supreme Court: Defendant Entitled to Discharge by Showing No Court ‘Congestion’ After Trial Court’s Unexplained Denial of Speedy Trial Motion by Sam Rutherford by Sam Rutherford The Supreme Court of Indiana held that a trial court’s failure to explain the basis for its denial of a defendant’s motion for …
False Confessions and Wrongful Convictions: Known Causes and Steps to Eliminate Them by Douglas Ankney by Douglas Ankney A s of February 2024, the National Registry of Exonerations (“NRE”) at the University of Michigan has registered 3,475 postconviction DNA and non-DNA exonerations since 1989—an average of 100 per year. Of …
Article • December 1, 2024 • from CLN December, 2024
Washington Supreme Court: Judgment and Sentence Facially Invalid Based on Miscalculated Offender Score Despite Defendant’s Stipulation to Exceptional Sentence by Sam Rutherford by Sam Rutherford The Supreme Court of Washington held that a defendant’s judgment and sentence was facially invalid and thus exempt from the one-year time limit for seeking …
Article • December 1, 2024 • from CLN December, 2024
Second Circuit Holds Full De Novo Resentencing Hearing Required Based on Partially Successful Habeas Petition Where Resentencing Judge Not Original Judge and Changed Circumstances Plausibly Alleged by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Second Circuit held that a prisoner was entitled to a full …
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