Skip navigation
Criminal Legal News

Search

More search options »
4160 results
Page 112 of 208. « Previous | 1 2 3 4 ... 108 109 110 111 112 113 114 115 116 ... 204 205 206 207 208 | Next »

Report: Death Penalty is ‘Descendant of Slavery, Lynching’
Article • September 30, 2020
Filed under: Death Penalty/Death Row, Racial/Ethnic Bias/Profiling
Report: Death Penalty is ‘Descendant of Slavery, Lynching’ by Dale Chappell by Dale Chappell In 2017, the U.S. Supreme Court overturned the death sentence of Duane Buck, a Black man who was painted by an expert at trial as more dangerous and deserved to die simply because he was Black. …
Doorbell Cameras Warn Homeowners of Police Searches and Raids
Article • September 22, 2020
Filed under: Electronic Surveillance
Doorbell Cameras Warn Homeowners of Police Searches and Raids by Dale Chappell by Dale Chappell Touted as a convenient way to monitor who’s at your front door, internet-enabled doorbell cameras send alerts to users’ cellphones where they can view the camera footage in real-time from a remote location. It’s a …
Why you should want Sheriff Gualtieri out of office
Article • September 21, 2020
Filed under: Editorials
Why you should want Sheriff Gualtieri out of office by Panagioti Tsolkas (whether you live in Pinellas County, Florida or not) by Panagioti Tsolkas   The head cop in Pinellas County, Florida was declared Sheriff of the Year at the National Sheriffs’ Association (NSA) conference last year in Kentucky. In November, Sheriff …
SCOTUS ‘Shadow Docket’ Secretly Pushes Agendas, Issues Major Rulings Without Argument or Public Knowledge
Article • September 15, 2020 • from CLN October, 2020
Filed under: Judiciary, Comments by Judge
SCOTUS ‘Shadow Docket’ Secretly Pushes Agendas, Issues Major Rulings Without Argument or Public Knowledge by Dale Chappell  by Dale Chappell For the first time since 1862, the U.S. Supreme Court has decided a record low number of regular-docket cases – just 52. But that doesn’t mean the highest court in …
Washington Federal Court: Looking at Lock Phone Screen Requires Warrant
Article • September 15, 2020 • from CLN October, 2020
Filed under: Cell-Phones
Washington Federal Court: Looking at Lock Phone Screen Requires Warrant by Anthony Accurso by Anthony Accurso The U.S. District Court for the Western District of Washington in Seattle ruled that the FBI conducted an illegal search of a defendant’s phone by powering it on to inspect the lock screen, resulting …
Michigan Supreme Court: Probation Compliance Check During Unlawfully Extended Probation Was Unauthorized Warrantless Search
Article • September 15, 2020 • from CLN October, 2020
Filed under: Overdetention, Warrantless Searches, Probation, Parole & Supervised Release
Michigan Supreme Court: Probation Compliance Check During Unlawfully Extended Probation Was Unauthorized Warrantless Search by Matthew Clarke by Matt Clarke The Supreme Court of Michigan ruled that a probation officer who found heroin during a compliance check after the probation had ended and then been unlawfully extended conducted an unauthorized …
Tenth Circuit: District Court Plainly Erred in Giving Erroneous Constructive Possession of Firearm Instruction, Conviction Reversed
Article • September 15, 2020 • from CLN October, 2020
Filed under: Jury Instructions, Felon in Possession Statute
Tenth Circuit: District Court Plainly Erred in Giving Erroneous Constructive Possession of Firearm Instruction, Conviction Reversed by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit reversed Fernando Miguel Samora’s conviction for being a felon in possession of a firearm because the U.S. District Court …
Second Circuit: District Court’s Failure to Offer Explanation for Its Sentence Constitutes Plain Error
Article • September 15, 2020 • from CLN October, 2020
Filed under: U.S. Sentencing Guidelines, Failure to Instruct on Materiality as an Element of Crime
Second Circuit: District Court’s Failure to Offer Explanation for Its Sentence Constitutes Plain Error by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit held that a district court’s failure to offer an explanation for its sentence was plain error in violation of 18 U.S.C. …
Maryland Court of Appeals Announces Reasonableness Standard in Providing Advice of Rights to Non-English Speaking Drivers
Article • September 15, 2020 • from CLN October, 2020
Filed under: Rational Understanding, Miranda
Maryland Court of Appeals Announces Reasonableness Standard in Providing Advice of Rights to Non-English Speaking Drivers by David Reutter by David M. Reutter The Maryland Court of Appeals ruled that in giving advice of rights police officers must use methods that reasonably convey the warnings and rights contained in Maryland’s …
North Carolina Supreme Court: Defendant Can’t Be Convicted of Both Habitual Misdemeanor Assault and Felony Assault for Same Act
Article • September 15, 2020 • from CLN October, 2020
Filed under: Double Counting
North Carolina Supreme Court: Defendant Can’t Be Convicted of Both Habitual Misdemeanor Assault and Felony Assault for Same Act by Douglas Ankney by Douglas Ankney The Supreme Court of North Carolina held that Melvin Lamar Fields could not be convicted of both habitual misdemeanor assault and felony assault for the …
Indiana Supreme Court: Must Be Immediate Causal Connection Between Confrontation and Other Crime by Defendant to Negate Self-Defense
Article • September 15, 2020 • from CLN October, 2020
Filed under: U.S. Sentencing Guidelines, Degree of connection to charged crimes
Indiana Supreme Court: Must Be Immediate Causal Connection Between Confrontation and Other Crime by Defendant to Negate Self-Defense by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana reaffirmed the standard set forth in Mayes v. State, 744 N.E.2d 390 (Ind. 2001), that held a statute barring a claim …
Seventh Circuit: Sentences for ‘Non-Covered’ Offenses Can Also Be Reduced Under First Step Act
Article • September 15, 2020 • from CLN October, 2020
Filed under: First Step Act, De Novo Resentencing, Fair Sentencing Act of 2010, Miscalculation of the Guidelines Sentencing Range
Seventh Circuit: Sentences for ‘Non-Covered’ Offenses Can Also Be Reduced Under First Step Act by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit ruled on July 22, 2020, that when a “covered offense” under the First Step Act is reduced, a non-covered offense may …
New Jersey Supreme Court: Juror Excused After Partial Verdict Requires Mistrial on Remaining Counts
Article • September 15, 2020 • from CLN October, 2020
Filed under: Mistrial Motion, Dismissal of Juror
New Jersey Supreme Court: Juror Excused After Partial Verdict Requires Mistrial on Remaining Counts by Dale Chappell by Dale Chappell The Supreme Court of New Jersey reaffirmed its rule that when a juror is excused after the jury has reached a verdict on some of the counts, but not others, …
Seventh Circuit: Rehaif Creates Defense and Invalidates Defendant’s Guilty Plea
Article • September 15, 2020 • from CLN October, 2020
Filed under: Grounds For Withdrawal
Seventh Circuit: Rehaif Creates Defense and Invalidates Defendant’s Guilty Plea by David Reutter by David M. Reutter The U.S. Court of Appeals for the Seventh Circuit held that a defendant was entitled to withdraw his guilty plea because he had a plausible defense in light of Rehaif v. United States, …
Ninth Circuit: Police Violate Fourth Amendment Executing Administrative Warrant Where Primary Purpose Is Gathering Evidence for Criminal Investigation
Article • September 15, 2020 • from CLN October, 2020
Filed under: State Constitutional Claims, Fourth Amendment
Ninth Circuit: Police Violate Fourth Amendment Executing Administrative Warrant Where Primary Purpose Is Gathering Evidence for Criminal Investigation by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit ruled that law enforcement officers violated the Fourth Amendment in executing an administrative warrant at a private …
Fourth Circuit Grants ‘SOS’ § 2254 Petition Attacking Three-Decade-Old Murder Conviction Based on New Evidence
Article • September 15, 2020 • from CLN October, 2020
Filed under: Habeas Corpus, Evidence - Newly Discovered
Fourth Circuit Grants ‘SOS’ § 2254 Petition Attacking Three-Decade-Old Murder Conviction Based on New Evidence by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit granted permission for a state prisoner to file a second or successive (“SOS”) habeas corpus petition in the federal court …
South Carolina Supreme Court: Failure to Give Logan Instruction Not Harmless Error Where Evidence Almost Entirely Circumstantial
Article • September 15, 2020 • from CLN October, 2020
Filed under: Grounds for Relief, Failure to Instruct on Materiality as an Element of Crime
South Carolina Supreme Court: Failure to Give Logan Instruction Not Harmless Error Where Evidence Almost Entirely Circumstantial by Douglas Ankney by Douglas Ankney The Supreme Court of South Carolina held that a trial court’s failure to charge the jury with the circumstantial evidence instruction from State v. Logan, 747 S.E.2d …
Justice Sotomayor Raises Due Process Concerns Over Eleventh Circuit’s Use of Published Successive Habeas Denial Orders
Article • September 15, 2020 • from CLN October, 2020
Filed under: Habeas Corpus, Denial of Due Process
Justice Sotomayor Raises Due Process Concerns Over Eleventh Circuit’s Use of Published Successive Habeas Denial Orders by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eleventh Circuit publishes more orders denying “second or successive” habeas corpus petitions (“SOS applications”) than any other Circuit, and it then …
Seventh Circuit: District Court Abused Discretion by Denying Relief Without First Considering Recalculations Under First Step Act
Article • September 15, 2020 • from CLN October, 2020
Filed under: First Step Act, Abuse of Discretion Standard
Seventh Circuit: District Court Abused Discretion by Denying Relief Without First Considering Recalculations Under First Step Act by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for the Western District of Wisconsin abused its discretion when it denied …
Colorado Supreme Court: Prosecution Prohibited From Arguing Defendant’s Failure to Retreat Showed Lack of Fear, Undermining Claim of Self-Defense
Article • September 15, 2020 • from CLN October, 2020
Filed under: Procedural Default/Error
Colorado Supreme Court: Prosecution Prohibited From Arguing Defendant’s Failure to Retreat Showed Lack of Fear, Undermining Claim of Self-Defense by Douglas Ankney by Douglas Ankney The Supreme Court of Colorado held that a trial court erred when it permitted the prosecutor to argue that the defendant’s failure to retreat showed …
Page 112 of 208. « Previous | 1 2 3 4 ... 108 109 110 111 112 113 114 115 116 ... 204 205 206 207 208 | Next »