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Article • February 14, 2019 • from CLN March, 2019
Filed under: War on Drugs, Sentencing
Sixth Circuit Reverses 60-Month Upward Variance Sentence Based on News Article Provided to Parties by Court at Beginning of Sentencing Hearing by Matthew Clarke by Matt Clarke  The U.S. Court of Appeals for the Sixth Circuit held that an Ohio federal district court erred when it doubled a defendant’s cocaine-possession …
Article • February 14, 2019 • from CLN March, 2019
U.S. Government Lab Withheld Groundbreaking Study for 5 Years That Can Help Defendants Question the Reliability of Certain DNA Evidence by Steve Horn by Steve Horn A study that called into question the reliability of DNA as a piece of smoking-gun evidence due to its propensity to be easily transferred …
Norfolk Four v. State of Virginia, VA, Senate Bill 772, Wrongful Conviction, 2019 1/31/2019 Virginia-2018-SB772-Chaptered CHAPTER 503 An Act to amend the Code of Virginia by adding in Article 18.2 of Chapter 3 of Title 8.01 a section numbered 8.01-195.13 and for the relief of Danial J Williams, Joseph Jesse …
Article • January 19, 2019 • from CLN February, 2019
Massachusetts Drug Lab Scandal: Thousands More Cases Likely Affected by Kevin Bliss by Kevin Bliss The Commonwealth of Massachusetts has dismissed about 45,000 charges in more than 30,000 drug cases prosecuted in the state due to misconduct by chemists Sonja Farak of Amherst drug lab and Annie Dookhan of Hinton …
Article • January 19, 2019 • from CLN February, 2019
Why Defining a ‘Credible Witness’ in Criminal Trials Is a Slippery Slope by Steve Horn by Steve Horn In the aftermath of her testimony before the U.S. Senate Judiciary Committee, Dr. Christine Blasey Ford was hailed by legal scholars, legal practitioners, and laypeople alike as a “credible witness.” Blasey Ford, …
Article • January 19, 2019 • from CLN February, 2019
Illinois Law on Informants Designed to Avoid Wrongful Convictions by Betty Nelander by Betty Nelander Anew Illinois law aims to bring transparency to the use of jailhouse snitches, which are the main cause of wrongful convictions nationwide and the cause of at least 17 wrongful convictions in that state alone. …
Article • January 19, 2019 • from CLN February, 2019
Washington Governor Expects to Pardon About 3,500 for Single Misdemeanor Pot Convictions by Betty Nelander by Betty Nelander Washington Governor Jay Inslee aims to nip draconian marijuana incarceration in the bud — at least for those behind bars for possessing a small amount of it. “We shouldn’t be punishing people …
Article • January 18, 2019 • from CLN February, 2019
Filed under: War on Drugs
DEA Agents Trap Cocaine-Trafficking Suspects with Doctored Blackberrys by Derek Gilna by Derek Gilna Drug Enforcement Administration (“DEA”) agents apparently supplied suspected cocaine-traffickers with smartphones that the users thought were encrypted but instead were modified with eavesdropping technology. According to Human Rights Watch (“HRW”), it is unknown how often the …
Article • January 18, 2019 • from CLN February, 2019
Filed under: War on Drugs, Appeals
Ninth Circuit Remands Drug Case for Reconsideration of Sentencing Guidelines’ Minor-Role Adjustment by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Ninth Circuit vacated a drug defendant’s sentence because the district court may have misinterpreted United States Sentencing Guideline (“USSG”) § 3B1.2 and Amendment 794, …
Publication • January 8, 2019
United States Sentencing Commission Jan. 2019 - Intra-City Differences in Federal Sentencing Practices, 2005-2017 United States Sentencing Commission January 2019 INTRA-CITY DIFFERENCES IN FEDERAL SENTENCING PRACTICES Federal District Judges in 30 Cities, 2005 - 2017 REPORT OF THE UNITED STATES SENTENCING COMMISSION INTRA-CITY DIFFERENCES IN FEDERAL SENTENCING PRACTICES Federal District …
Publication • January 2, 2019
American Statistical Association Position on Statitical Statement, American Statistical Association, 2019 American Statistical Association Position on Statistical Statements for Forensic Evidence Presented under the guidance of the ASA Forensic Science Advisory Committee* January 2, 2019 Overview The American Statistical Association (ASA) has supported efforts to strengthen the inferential foundations that …
Intra-City Differing Practices in Federal Sentencing, US Sentencing Commission, 2019 United States Sentencing Commission January 2019 INTRA-CITY DIFFERENCES IN FEDERAL SENTENCING PRACTICES Federal District Judges in 30 Cities, 2005 - 2017 REPORT OF THE UNITED STATES SENTENCING COMMISSION INTRA-CITY DIFFERENCES IN FEDERAL SENTENCING PRACTICES Federal District Judges in 30 Cities, …
Very Few Have Taken Advantage of New York’s Program to Seal Criminal Records by Edward Lyon by Ed Lyon Some of the lines to one of late country music singer Merle Haggard’s famous hit songs were about a “branded man, out in the cold.” He was lamenting that no one …
Article • December 30, 2018 • from CLN January, 2019
St. Louis Police Department Fighting Prosecution Exclusion List by Kevin Bliss by Kevin Bliss St. Louis Circuit Attorney Kim Gardner has a list of 28 of the city’s police department officers whose cases her office will no longer accept, citing credibility issues. Already Gardner’s office has refused the prosecution of …
Article • December 30, 2018 • from CLN January, 2019
Global Voice Recognition Database Alarms Privacy Groups by Kevin Bliss by Kevin Bliss Human rights watchdog organizations are alarmed over the new Speaker Identification Integrated Project (“SiiP”), a voice biometric database utilized by Interpol, the International Criminal Police Organization, for law enforcement purposes. Created by Verint, a multinational biometrics company, …
Scottish Psychologist’s Study Focuses On Why the Innocent May Confess to Crimes by Derek Gilna by Derek Gilna Dr. Faye Skelton of Napier University in Edinburgh, Scotland, has published a report detailing the tendency of some individuals to confess to crimes they did not commit. She noted that research from …
Article • December 29, 2018 • from CLN January, 2019
New Hampshire’s Secret List of Problematic Cops Gets Worse by Dale Chappell by Dale Chappell New Hampshire’s secret list of corrupt and problem cops just got worse. On April 30, Governor Chris Sununu and Attorney General Gordon MacDonald announced that individual cops won’t be placed on the list prior to …
Article • December 29, 2018 • from CLN January, 2019
Crime Labs Falling Short by Edward Lyon by Ed Lyon Whenever most people hear about DNA testing in criminal cases, they invariably envision well-equipped, sterile labs like the ones depicted in television dramas such as CSI: Crime Scene Investigation or Bones. However, a study by the National Institute of Standards …
Article • December 29, 2018 • from CLN January, 2019
Colorado Leads U.S. in Suppression of Court Cases by Kevin Bliss by Kevin Bliss The Denver Post reported that it had found a cache of suppressed court cases in Colorado. More than 6,700 cases, mostly criminal (including some involving violent felonies), had been restricted from public access since 2013. Many …
Article • December 29, 2018 • from CLN January, 2019
Kansas Supreme Court Rules Fourth Amendment Violation Where Purported Inventory Search Was Performed in Absence of Standard Policy by Richard Resch by Richard Resch The Supreme Court of Kansas held the warrantless search of defendant’s purse and wallet following a traffic accident violated her Fourth Amendment rights because the search …
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