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Article • January 15, 2022 • from CLN February, 2022
Second Circuit Announces Defendant Need Only Produce ‘Some Credible’ Evidence for Jury Instruction on Entrapment Defense, Clarifying It’s a Burden of Production, Not Persuasion by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit announced that for purposes of the defense of entrapment, the defendant …
Article • January 15, 2022 • from CLN February, 2022
Filed under: junk science
New Study Reveals Digital Forensic Examiners Inclined to Biasability by Casey Bastian by Casey J. Bastian In a first-of-its-kind study, renowned cognitive bias expert Itiel Dror and co-author Nina Surnde researched the reliability and biasability (the impact of contextual information) of digital forensics (“DF”) experts’ performance. The study is titled …
Article • December 15, 2021 • from CLN January, 2022
Filed under: Settlements, Wrongful Death
Ninth Circuit: California Law Prohibiting Recovery of Loss of Life Damages Inconsistent With § 1983 by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit affirmed the ruling of the U.S. District Court for the Central District of California that Cal. Code Civ. Proc. § …
Article • December 15, 2021 • from CLN January, 2022
Filed under: Crime Labs, junk science
Microbiome: The Latest in Cutting Edge Forensics by Michael Fortino, Ph.D by Michael Fortino One week after the attacks of September 11, 2001, letters containing anthrax were mailed to several news outlets, and to the offices of two U.S. Senators, forcing the FBI to seek new and innovative methods to …
Article • November 15, 2021 • from CLN December, 2021
Filed under: Retroactivity, Resentencing
California Supreme Court Announces Suspended Execution of Sentence with Probation Imposed Is Not ‘Final’ so New Changes in Law Apply Retroactively on Appeal by Dale Chappell by Dale Chappell In a case that expands the retroactive application of new, more lenient laws passed by the Legislature after a defendant is …
Article • November 15, 2021 • from CLN December, 2021
Excited Delirium Syndrome: Pseudo-Scientific Shield for Law Enforcement’s Violent Behavior by Michael Fortino, Ph.D by Michael Fortino, Ph.D. By the time Denver Police Department (“DPD”) officers handcuffed Anthony Sleets on July 7, 2021, he was already having a bad day. He had passed out in a hotel parking lot after …
Article • November 15, 2021 • from CLN December, 2021
First Circuit Orders New Trial Following Detailed Discussion of Entrapment Defense and When Courts Must Give Jury Instruction by Douglas Ankney by Doug Ankney The U.S. Court of Appeals for the First Circuit clarified when trial courts must instruct juries on the defense of entrapment. As part of a “sting” …
Article • November 15, 2021 • from CLN December, 2021
Maryland Court of Appeals Announces Standard for Whether Scientific Evidence Is ‘Testimonial’ for Confrontation Right Purposes Under Article 21 of Maryland Declaration of Rights by Douglas Ankney by Douglas Ankney Citing lack of clear guidance from the U.S. Supreme Court, the Maryland Court of Appeals (“MCA” or “Court”) announced that …
Article • October 15, 2021 • from CLN November, 2021
Filed under: junk science
Current Forensic Sciences Not as Objective as Most Believe by Edward Lyon by Ed Lyon Television may well be the most effective propaganda tool in the world, especially when it comes to portraying forensic scientists and their laboratories as dispassionate and dedicated professionals and their laboratories as pristine and state-of-the-art …
Article • October 15, 2021 • from CLN November, 2021
Filed under: junk science
Study: Bloodstain Pattern Analyses Display Alarming Lack of Accuracy by Michael Fortino, Ph.D by Michael Fortino, Ph.D. In the summer of 2000, after discovering his wife and two small children fatally shot in the family’s car inside their garage, former Indiana State Trooper David Camm was arrested and charged with …
Article • September 15, 2021 • from CLN October, 2021
California Town Pays $6 Million to Family of Mentally Ill Man Tasered by Cop by A settlement was announced on August 10, 2021, between the city of Pleasanton, California, and the family of a mentally ill man who died after a struggle with city cops trying to restrain him in …
The Clash Between Closed-Source Forensic Tools and the Confrontation Clause by Anthony Accurso by Anthony W. Accurso Technology companies and prosecutors are working together to assert the right of the companies to protect their intellectual property in ways that deny criminal defendants their right to challenge the reliability of forensic …
Article • September 15, 2021 • from CLN October, 2021
Study Finds Lack of Uniformity in New DNA Technology by Jayson Hawkins by Jayson Hawkins Forensic DNA evidence has been used since the 1980s. Public confidence and familiarity with this method grew in the wake of the O.J. Simpson trial and the popularity of television police procedural shows, but the …
Article • September 10, 2021
Dementia Patient Wins $3 Million Settlement After Beat-Down by Colorado Cops by An elderly woman with dementia who suffered a fractured shoulder when a pair of Colorado cops wrestled her to the ground in June 2020—over $13.88 worth of merchandise she’d forgotten to pay for—won a $3 million settlement on …
Filing • September 3, 2021
HRDC v. Correct Care Solutions, LLC, VT, Opinion, Public Records, 2021 ENTRY ORDER 2021 VERMONT UPREM FILED IN LEHK's (E35938? VT 63 SEP 0 3. 2021 SUPREME COURT DOCKET NO. 2020-308 JUNE TERM, 2021 Human Rights Defense Center v. Correct Care Solutions, LLC and Correctional Care Solutions Group Holdings, LLC …
Filing • August 30, 2021
HRDC v. U.S. ICE, DC, Complaint, Public Records, 2021 fghiÿklmknopnqmmrkÿÿÿstouviwxÿkÿÿÿyz{i|ÿq}~q~mkÿÿÿ€giÿkÿt‚ÿƒ 012345ÿ738347ÿ527392 3ÿ 093ÿÿ 9ÿ3 4ÿ527392 3ÿ ÿ 028ÿ ÿ 081ÿ92 37ÿ54 4174ÿ41349ÿ ÿ ÿÿÿ!"#$%ÿ ÿ &'ÿ()*#ÿ+,#ÿ&ÿ--./ÿ >!7!ÿB,*!)<ÿ)ÿÿ ÿ ÿ ÿ 012345366ÿ ÿ ÿ 7ÿ ÿ 0878ÿ229832 1ÿ815ÿ073 7ÿ 41 9 4413ÿ 9ÿ*#ÿ:**ÿ:(ÿ (;#!<"*)<ÿ=>ÿ9-/ÿ ÿ ÿ ÿ ?@6@4A245ÿ ÿ ÿ ÿ …
HRDC v. U.S. ICE, DC, Complaint, Public Records, 2021 fghiÿklmknopnqmmrkÿÿÿstouviwxÿkÿÿÿyz{i|ÿq}~q~mkÿÿÿ€giÿkÿt‚ÿƒ 012345ÿ738347ÿ527392 3ÿ 093ÿÿ 9ÿ3 4ÿ527392 3ÿ ÿ 028ÿ ÿ 081ÿ92 37ÿ54 4174ÿ41349ÿ ÿ ÿÿÿ!"#$%ÿ ÿ &'ÿ()*#ÿ+,#ÿ&ÿ--./ÿ >!7!ÿB,*!)<ÿ)ÿÿ ÿ ÿ ÿ 012345366ÿ ÿ ÿ 7ÿ ÿ 0878ÿ229832 1ÿ815ÿ073 7ÿ 41 9 4413ÿ 9ÿ*#ÿ:**ÿ:(ÿ (;#!<"*)<ÿ=>ÿ9-/ÿ ÿ ÿ ÿ ?@6@4A245ÿ ÿ ÿ ÿ …
Filing • August 18, 2021
HRDC v. IDOC, IL, Complaint, FOIA, 2021 Hearing Date: 12/16/2021 9:30 AM - 9:30 AM Courtroom Number: 2301 Location: District 1 Court Cook County, IL FILED DATE: 8/17/2021 4:27 PM 2021CH04102 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION HUMAN RIGHTS DEFENSE CENTER, Plaintiff, v. ILLINOIS …
Article • August 15, 2021 • from CLN September, 2021
Filed under: Costs, Police
Police Legal Defense Funds Have Millions in Reserve by Jayson Hawkins by Jayson Hawkins As the calls for greater police accountability have grown louder across the country, one of the most consistent and effective barriers to change is the power of police unions. The power of these unions is usually …
Article • August 13, 2021
$10.3 Million Verdict Against City of Albuquerque in Man's Wrongful Death by Cop Shooting by David Reutter By David M. Reutter &nbsp; A New Mexico state court jury awarded $10,342,558 to the Estate of Kenneth Ellis, III. The jury found that Albuquerque police officer Brett Lampiris-Tremba used excessive force in …
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