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Article • October 15, 2020 • from CLN November, 2020
First Circuit: Dangerousness of Machine Guns Not Justification for Above-Guidelines Sentence by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the First Circuit held on August 3, 2020, that the U.S. District Court for the District of Puerto Rico’s focus on the dangerousness of machine guns and …
Article • October 15, 2020 • from CLN November, 2020
Eleventh Circuit: Time Served Adjustment Is Mandatory Under Sentencing Guidelines Even After Booker by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Eleventh Circuit ruled U.S.S.G. § 5Gl.3(b)(l)’s “a court shall adjust the sentence” for time served on a related state crime is mandatory once the …
Article • October 15, 2020 • from CLN November, 2020
Kansas Supreme Court Announces Residual Clause of Law Prohibiting Knife Possession by Felons Unconstitutionally Vague by Anthony Accurso by Anthony Accurso In a decision issued on July 17, 2020, the Supreme Court of Kansas struck the residual clause of the state’s statute prohibiting possession of a knife by a convicted …
Article • October 15, 2020 • from CLN November, 2020
Maryland Court of Appeals: Odor of Marijuana Alone Doesn’t Provide Probable Cause to Arrest and Search Person by Anthony Accurso by Anthony Accurso The Court of Appeals of Maryland held that the odor of marijuana emanating from a person alone does not provide police with probable cause to support an …
Article • October 15, 2020 • from CLN November, 2020
California Court of Appeal: ‘Violent Victim Rule’ Doesn’t Require Defendant to Have Had Knowledge of Victim’s Propensity for Violence by Douglas Ankney by Douglas Ankney Division Eight of the California Court of Appeal for the Second Appellate District held that a trial court abused its discretion when it excluded evidence …
Article • October 15, 2020 • from CLN November, 2020
Filed under: News in Brief
News in Brief by Alaska: Police here can fly over property but they “cannot use cameras and drones for aerial searches of property without a warrant,” the Alaska Court of Appeals ruled. “The ruling stems from a 2012 case in which Alaska State Troopers received a tip about marijuana being …
Article • October 15, 2020 • from CLN November, 2020
Government Treats Protesting Cities as Enemies of the State by Kevin Bliss by Kevin Bliss Government watchdog organizations are reporting that multiple government agencies employed high-tech surveillance aircraft over cities with demonstrations over the police killing of Minneapolis resident George Floyd. On June 2, thousands of protestors took to the …
Article • October 15, 2020 • from CLN November, 2020
Powerful New Tool Reveals Federal Sentencing Problems by Dale Chappell by Dale Chappell A powerful new database combines data from multiple sources in order to provide more useful information about federal sentencing. The ground-breaking service is a first of its kind and has been an eye-opener about what’s really going …
Article • October 15, 2020 • from CLN November, 2020
Campaign Zero Advocates for Police Accountability by Jayson Hawkins by Jayson Hawkins In most states across America, an employee can be fired at any time for any reason. Only Montana provides some protection after six months on the job; otherwise, employment in America is an “at will” affair. Unless, of …
Article • October 15, 2020 • from CLN November, 2020
Sixth Circuit Finds IAC for Failure to Raise ‘Clearly Foreshadowed’ Change in Law on Appeal by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held on August 20, 2020, that appellate counsel’s failure to raise a “clearly foreshadowed” change in decisional law that would’ve …
Article • October 15, 2020 • from CLN November, 2020
Ninth Circuit: Use of Unconvicted Conduct Too Dissimilar to Charged Offense Violates Due Process by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Ninth Circuit held that the use of unconvicted criminal conduct that was too dissimilar to the charged offense to obtain a conviction violates …
Fifth Circuit Grants Habeas Relief Because Detective’s Testimony of Witness Identification of Defendant Violates Confrontation Clause by Dale Chappell by Dale Chappell In a case where a prosecutor pulled statements from a detective during testimony before a jury that tied a defendant to the crime – and without that witness …
Article • October 15, 2020 • from CLN November, 2020
Idaho Supreme Court Announces False Rape Allegations May Be Admitted Regardless of When Made by Anthony Accurso by Anthony Accurso The Supreme Court of Idaho clarified the rule of evidence regarding the admissibility of prior false allegations of rape made by victims, announced a three-part test to assess the admissibility …
Article • October 15, 2020 • from CLN November, 2020
Filed under: Double jeopardy
Indiana Supreme Court Announces New Analytical Framework for Review of Substantive Double Jeopardy, Overruling Richardson by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana announced a new analytical framework for reviewing claims of substantive double jeopardy, overruling Richardson v. State, 717 N.E.2d 32 (Ind. 1999). A jury convicted …
Article • October 15, 2020 • from CLN November, 2020
Federal Judge Criticizes Qualified Immunity and Challenges SCOTUS to Abolish It by Anthony Accurso In a recent decision dismissing a defendant’s lawsuit against a police officer on the basis of qualified immunity, Judge Carlton Reeves of Mississippi filed a 72-page opinion that challenges the morality of the doctrine of qualified …
Article • October 15, 2020 • from CLN November, 2020
Fifth Circuit Reverses Conviction Based on Prejudicial Prosecutorial Misconduct by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit reversed Thaddeus Beaulieu’s felony criminal contempt conviction based on the prosecutor’s remarks that rose to the level of prejudicial misconduct. During an interview with FBI Agent …
Article • October 15, 2020 • from CLN November, 2020
Arizona Supreme Court Declares Gang-Association Statute Unconstitutional by Dale Chappell by Dale Chappell The Supreme Court of Arizona held on September 1, 2020, that a statute increasing a misdemeanor charge to a felony for merely being part of a gang is unconstitutional on its face as a violation of substantive …
Article • October 15, 2020 • from CLN November, 2020
Missouri Supreme Court: Circuit Court Erred in Excluding Expert Witness Testimony Regarding Accuracy of Eyewitness Identification by Douglas Ankney by Douglas Ankney The Supreme Court of Missouri held that a circuit court erred when it excluded testimony from Kane Carpenter’s expert witness relating to the accuracy of witness identifications. In …
Article • October 15, 2020 • from CLN November, 2020
Filed under: Child Pornography
Seventh Circuit: Solo Masturbation Near Fully Clothed and Sleeping Child Does Not Constitute Production of Child Pornography by Anthony Accurso by Anthony Accurso   The U.S. Court of Appeals for the Seventh Circuit held that a conviction under 18 U.S.C. § 2251(a) for production of child pornography cannot be sustained …
California Supreme Court Reverses Murder Conviction and Death Sentence Because Police Failed To Honor Defendant’s Request for Counsel by Douglas Ankney by Douglas Ankney The Supreme Court of California reversed the murder conviction and death sentence of Paul Nathan Henderson because the police continued to question him after he made …
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