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Article • September 15, 2020 • from CLN October, 2020
Filed under: Protests, Police
Successful Alternatives to Armed Police Response by Edward Lyon by Ed Lyon Since the May 25, 2020, killing of George Floyd by police, a movement to defund police departments across the U.S. has been gaining momentum. Defunding is not always the answer to law enforcement agencies that have traditionally been …
Chicago’s Police Torture Reparations by Jayson Hawkins by Jayson Hawkins In 2015, the decades-long battle waged by social justice activists in Chicago culminated in the passage of a reparations bill for victims of torture at the hands of the Chicago police. Five years after this historic victory, both victims and …
Article • September 15, 2020 • from CLN October, 2020
Filed under: Police Misconduct, Diabetes
Interactions Between Diabetics and Law Enforcement Can Become Life-Threatening by Casey Bastian by Casey Bastian Once again, a video of an interaction between a police officer and a citizen has gone viral. Thankfully, the citizen survived this encounter. Alexis Wilkins, a 20-year-old diabetic, was returning from a George Floyd protest …
Article • September 15, 2020 • from CLN October, 2020
California Supreme Court Vacates LWOP Sentence After Its Recent Cases Clarifying ‘Special Circumstance’ Murder by Dale Chappell by Dale Chappell The Supreme Court of California vacated a life without parole (“LWOP”) sentence imposed in a first-degree murder conviction, applying its recent decisions clarifying a “special circumstance” to allow such a …
Article • September 15, 2020 • from CLN October, 2020
Medical Experts Publish Guidelines on SUDC by Douglas Ankney by Douglas Ankney Sudden unexplained death in childhood (“SUDC”) ranks fifth in the categories of death in children ages one to four, and every year, it affects approximately 400 children ages one to 18. Unlike Sudden Infant Death Syndrome (“SIDS”), SUDC …
Article • September 15, 2020 • from CLN October, 2020
Arizona Supreme Court Announces Cumulative Error Framework for Reviewing Multiple Instances of Prosecutorial Misconduct by Douglas Ankney by Douglas Ankney The Supreme Court of Arizona announced a cumulative error framework for when an appellant claims he was denied a fair trial due to the cumulative effect of multiple instances of …
Article • September 15, 2020 • from CLN October, 2020
The Junk Science Cops Use to Decide You’re Lying by Jordan Smith Leaked documents detail law enforcement trainings in lie detection techniques that have been discredited by scientists. by Jordan Smith, The Intercept The article was originally published on August 12, 2020, and is republished with permission from The Intercept, …
Article • September 15, 2020 • from CLN October, 2020
Filed under: Editorials
From the Editors by We at the Human Rights Defense Center are saddened to announce the passing of our dear friend Kent Alan Russell on August 9, 2020. Many readers know him as the author of the California Habeas Handbook and California’s leading expert on habeas corpus. In addition, he …
Article • September 15, 2020 • from CLN October, 2020
California Court of Appeal Grants Habeas Relief Over Failure to Instruct Jury on ‘Heat of Passion’ by Dale Chappell by Dale Chappell The Court of Appeal of California, Third Appellate District, granted habeas relief on April 3, 2020, in a case where appellate counsel failed to request a jury instruction …
Article • September 15, 2020 • from CLN October, 2020
Attacking the Guilty Plea: The Art of Withdrawing a Guilty Plea by Dale Chappell by Dale Chappell The art of withdrawing a guilty plea comes down to which phase of the criminal proceeding the guilty plea is at when the motion to withdraw is filed. The phases are: (1) prior …
Article • September 15, 2020 • from CLN October, 2020
Fourth Circuit: Releasee Under First Step Act Can’t ‘Bank’ Extra Time Spent in Prison Toward Future Supervised Release Violation by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit ruled that a prisoner immediately released under the First Step Act of 2018 could not “bank” …
Article • September 15, 2020 • from CLN October, 2020
New Hampshire Supreme Court Announces Defendant Not Required to Identify Evidentiary Support for Noticed Defense by Douglas Ankney by Douglas Ankney The Supreme Court of New Hampshire held that N.H.R. Crim. P. 14(b)(2)(A) does not allow trial courts to require that defendants identify evidentiary support for a noticed defense. Michael …
Article • September 15, 2020 • from CLN October, 2020
Sixth Circuit Reverses District Court’s Grant of Summary Judgment to Defendants in § 1983 Suit Against City and Police Officers by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit reversed the judgment of the U.S. District Court for the Northern District of Ohio that …
Article • September 15, 2020 • from CLN October, 2020
Filed under: TV/Movies, Public Trial
SCOTUS Goes Live on Camera by Jayson Hawkins by Jayson Hawkins The Covid-19 pandemic has changed the way we live and conduct our business, yet some of those changes were long past due. Many relate to safety, others to convenience, and a few —namely with the U.S. Supreme Court — …
Article • September 15, 2020 • from CLN October, 2020
Filed under: Habeas Corpus
Ninth Circuit Clarifies Use of Rule 60(b) for Changes in Law by Dale Chappell by Dale Chappell When a prisoner uses his one good shot at habeas corpus relief in federal court, it can be disheartening when the law that foreclosed relief changes after the case has been closed. The …
Article • September 15, 2020 • from CLN October, 2020
Filed under: Protests, Cell-Phones
Protecting Your Phone at Protests by Douglas Ankney by Douglas Ankney As of the date of this article, protests continue against police brutality and systemic racism in the wake of the murder of George Floyd. While racism and police brutality are at least as old as America itself, Floyd’s death …
Article • September 15, 2020 • from CLN October, 2020
Filed under: News in Brief
News in Brief by California: Marissa Cruz and Paea Tukuafu filed a civil rights lawsuit against the city of San Jose police in August 2020, claiming they were “battered and bruised” by cops and subject to unreasonable search and entry. The two were celebrating ahead of Cruz’s 22nd birthday at …
Article • September 15, 2020 • from CLN October, 2020
New Colorado Law Kills Qualified Immunity for Cops by Dale Chappell by Dale Chappell Colorado became the first state to pass a law prohibiting law enforcement officers from invoking qualified immunity as a defense when they’re accused in a lawsuit of violating a citizen’s civil rights. Hopefully, the law passed …
Article • September 15, 2020 • from CLN October, 2020
Policing and Racial Bias by Kevin Bliss by Kevin Bliss Recent incidents of police shootings of unarmed civilians such as Michael Brown in Ferguson, Missouri; Tamir Rice in Cleveland, Ohio; and Breonna Taylor in Louisville, Kentucky, have sparked an interest into the psychology of the police and the effects of …
Article • September 15, 2020 • from CLN October, 2020
How COVID-19 Forces New Releasees Into ‘Survival Mode’ by Dale Chappell by Dale Chappell Imagine trying to get a job, health care, housing, or any other basic need without an ID, with every government office you need in order to get one closed because of the coronavirus pandemic. Those released …
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