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Article • February 15, 2025 • from CLN March, 2025
Filed under: News in Brief
News in Brief by Alaska: In a rare move, federal prosecutors asked an Alaska judge to vacate the 2019 assault conviction of long-time felon Johnny-Lee Preston Burk, citing a concealed relationship between the presiding judge and a prosecutor in the case. The Alaska Beacon reported that United States District Judge …
‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers by David Reutter by David M. Reutter Are federal courts participating in a legal fiction during sentencing proceedings to maintain a peculiar but potentially necessary mechanism to resolve criminal cases without a jury? That …
Article • February 15, 2025 • from CLN March, 2025
Community Supervision: America’s Hidden Wellspring to Mass Incarceration by James Mills, Douglas Ankney by Douglas Ankney and James Mills According to a 2023 report from the Prison Policy Initiative, about 1.9 million people are imprisoned in America. More than 500,000 people are released from prison each year in addition to …
Brief • February 10, 2025
Estate of Bryan Debbs v. County of Sacramento, CA,Judgment, Wrongful Death-Failure to Protect, 2025 Case 2:20-cv-01153-DC-SCR Document 61 Filed 02/10/25 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ESTATE OF BRYAN DEBBS, et …
Maryland Supreme Court Clarifies Process for Admitting Co-Conspirator’s Hearsay Statements During Police Interview Under ‘Declaration Against Penal Interest’ Exception, Trial Court Must ‘Parse’ Interview to Determine Admissibility of Each Statement by Sam Rutherford by Sam Rutherford The Supreme Court of Maryland clarified the process a trial court must follow when …
Article • February 1, 2025 • from CLN February, 2025
Ninth Circuit Announces California Assault With Deadly Weapon Conviction Not ‘Crime of Violence’ for Career Offender Enhancement Under Sentencing Guidelines by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit held that a defendant’s prior California conviction for assault with a deadly weapon under Cal. …
Article • February 1, 2025 • from CLN February, 2025
Vermont Supreme Court Eliminates Year-and-a-Day Rule in Murder Prosecutions by Sam Rutherford by Sam Rutherford The Supreme Court of Vermont abrogated the common-law year-and-a-day rule, under which the victim must die within one year and a day of the defendant’s criminal conduct to support a murder charge, thus reinstating a …
Ninth Circuit Announces ‘Clear Error’ Review Applies to District Courts’ Factual Findings for Brady Challenges and Affirms District Court’s Mid-Trial Order Excluding Witness Testimony and Imposing Monetary Sanctions for Government’s Brady Violation by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit upheld the U.S. …
Article • February 1, 2025 • from CLN February, 2025
Federal Facial Recognition Technology Fails Again by Michael Thompson by Michael Dean Thompson The federal government has again discovered that its use of facial recognition technology (“FRT”) harms Americans. The agencies using the technology are often doing so with little oversight or training, which is what the Government Accountability Office …
Article • February 1, 2025 • from CLN February, 2025
California Court of Appeal Announces Youthful Defendants Sentenced to Terms ‘Functionally Equivalent’ to LWOP Entitled to Resentencing Under § 1170(d) by Sam Rutherford by Sam Rutherford The California Court of Appeal, Second Appellate District, held that youthful defendants who receive sentences that are “functionally equivalent” to sentences of life without …
Article • February 1, 2025 • from CLN February, 2025
Ninth Circuit Announces ‘Hate Crime’ Sentence Enhancement Under Guidelines § 3A1.1(a) Requires Finding Defendant Motivated by Hate or Animus by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit clarified the circumstances under which a U.S. District Court may impose a “hate crime” enhancement pursuant …
The Murky Waters of Parole by David Reutter by David M. Reutter In most states, the grant of parole is an act of grace. The systems of parole vary amongst the states, but one thing is certain—prisoners have high hopes when they come under review. Another certainty, at least in …
Article • February 1, 2025 • from CLN February, 2025
Mass Spectrometry Being Studied as Way to Analyze Overlapping or Weak Fingerprints by Anthony Accurso by Anthony W. Accurso Desorption electrospray ionization, a type of mass spectrometry (“DESI-MS”), is being studied as a way to analyze overlapping or weak fingerprints, solving an age-old problem of evidence quality. For over a …
Article • February 1, 2025 • from CLN February, 2025
Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Minnesota affirmed a Court of Appeals (“COA”) decision holding that a …
Ninth Circuit: Defense Counsel Ineffective for Failing to Move to Suppress Evidence Obtained as a Result of Police Officer Trespassing on Curtilage of Defendant’s Home by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit granted a federal prisoner’s 28 U.S.C. § 2255 motion for habeas …
Article • February 1, 2025 • from CLN February, 2025
Filed under: Forensic Sciences
New AI Tool Harnesses Microbiomes for Forensic and Medical Breakthroughs by Jo Ellen Nott by Jo Ellen Nott A research team at Sweden’s Lund University unveiled an AI-driven system in a paper first released on October 7, 2024, titled “Microbiome Geographic Population Structure (mGPS) Detects Fine-Scale Geography.” mGPS uses microorganisms …
Article • February 1, 2025 • from CLN February, 2025
Massachusetts Supreme Judicial Court Clarifies Trial Court Must Conduct Inquiry Whether Defendant Knowingly and Voluntarily Waived Right to Counsel at ‘Any Stage of a Case,’ Including Arraignment or Plea Hearing by Sam Rutherford by Sam Rutherford The Supreme Judicial Court of Massachusetts held that a defendant did not knowingly and …
Article • February 1, 2025 • from CLN February, 2025
First Step Act Linked to Modest Reductions in Time Served by Federal Prisoners by Jo Ellen Nott by Jo Ellen Nott The First Step Act (“FSA”), enacted in 2018, aimed to reduce recidivism and reform federal sentencing practices. A recent report by the Council on Criminal Justice (“CCJ”) showed modest …
Eleventh Circuit: Asylee’s Florida Convictions for Marijuana Possession and Lewd and Lascivious Battery Do Not Warrant Removal Under INA by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Eleventh Circuit held that an asylee’s convictions in Florida state court for possession of marijuana under Fla. Stat. …
Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search by Anthony Accurso by Anthony W. Accurso The Supreme Court of Illinois invalidated an officer’s search of a vehicle and held that the odor of burnt cannabis, on its own, …
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