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Article • December 15, 2021 • from CLN January, 2022
Third Circuit Announces Mere Physical Proximity of Guns and Drugs Insufficient for Automatic Application of U.S.S.G. § 2K2.1(b)(6)(B) Enhancement Under Commentary Note 14(B), Creates Rebuttable Presumption by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit ruled that mere physical proximity of guns and drugs …
Article • December 15, 2021 • from CLN January, 2022
California Court of Appeal: Superior Courts Must Consider Only Elements of Prior Adjudicated Felony, Not Juvenile’s Conduct for § 1170(d)(2)(B) Purposes by Douglas Ankney by Douglas Ankney The California Court of Appeal, Fifth Appellate District, held that Superior Courts are to consider only the elements of a juvenile’s prior adjudicated …
Article • December 15, 2021 • from CLN January, 2022
Filed under: Conditions of
California Supreme Court Announces Mandatory Supervision Conditions Un-der Realignment Act Evaluated for Reasonableness on Case-by-Case Basis Under Lent Test by Anthony Accurso by Anthony W. Accurso In a case of first impression, the Supreme Court of California held that conditions of mandatory supervision under the 2011 Realignment Act, Stats. 2011, …
Article • December 15, 2021 • from CLN January, 2022
California Supreme Court Announces Not All Subsequent Habeas Petitions Under Death Penalty Reform and Savings Act Are ‘Successive’ by Dale Chappell by Dale Chappell   A subsequent petition for habeas corpus relief filed in a California court is not always a “successive” petition, under the death penalty reform law passed …
Article • December 15, 2021 • from CLN January, 2022
Rethinking the ‘Sex Offender’ Label by Derek Logue by Derek W. Logue, The Crime Report On Nov. 19, members of the Colorado Sex Offender Management Board (SOMB) took a critical first step in altering the language used to label those convicted of a sexual offense while in treatment towards a “person-first” perspective. …
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
The Long-Term Effects of 9/11: Naturally, More Surveillance by Jayson Hawkins by Jayson Hawkins The 9/11 attacks were a rare historic moment, a watershed event that recast the American experience at home and abroad. While most discussions of this phenomenon have focused on impacts felt equally across the nation—wars; Islamophobia; …
Article • December 15, 2021 • from CLN January, 2022
Filed under: DNA Testing/Samples
Massachusetts Supreme Judicial Court Announces Impacted Third Party Has Right to Appeal Motion Granting Postconviction DNA Testing by Matthew Clarke by Matt Clarke The Supreme Judicial Court of Massachusetts ruled that a third party who is ordered to provide biological materials pursuant to G. L. c. 278A has a right …
Article • December 15, 2021 • from CLN January, 2022
“If Everybody’s White, There Can’t Be Any Racial Bias”: The Disappearance of Hispanic Drivers From Traffic Records by Richard Webster In Louisiana, law enforcement agencies have been accused of targeting Hispanic drivers in traffic stops and identifying them as white on tickets. Misidentification makes it impossible to track racial bias, …
Second Circuit Declares Police Firearms Examiners Subject to Brady, Examiner Who Failed to Disclose Exculpatory Ballistics Report Not Entitled to Qualified Immunity by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit affirmed the decision of the U.S. District Court for the District of Connecticut …
Article • December 15, 2021 • from CLN January, 2022
Montana Supreme Court: Defendant’s Due Process Rights Violated by Delayed Initial Appearance for Two Years While Jailed in New York on Out-of-State Warrant by David Reutter by David M. Reutter The Supreme Court of Montana held that a defendant’s due process rights were violated by the State’s failure to bring …
Article • December 15, 2021 • from CLN January, 2022
Filed under: Warrantless Searches
Iowa Supreme Court Calls SCOTUS’ Fourth Amendment Jurisprudence ‘a Mess,’ Announces Departure from Lockstep Adherence, and Rules Warrantless Seizure and Search of Defendant’s Curbside Trash Unlawful by Anthony Accurso by Anthony W. Accurso The Supreme Court of Iowa ordered the suppression of evidence in a criminal case while announcing that …
Article • December 15, 2021 • from CLN January, 2022
Who Defends the Public Defenders? by Jayson Hawkins by Jayson Hawkins The Sixth Amendment to the U.S. Constitution offers a guarantee of the assistance of an attorney when accused of a crime. This guarantee has become a trope in countless movies and TV shows where suspects are advised: “If you …
Article • December 15, 2021 • from CLN January, 2022
Nevada Supreme Court Reverses Denial of Motion to Withdraw Guilty Plea Because Defendant Had Strong Argument for Speedy Trial Violation and Colorable Claim of IAC by Douglas Ankney by Douglas Ankney The Supreme Court of Nevada reversed the district court’s denial of Kevin Sunseri’s motion to withdraw his guilty plea …
Article • December 15, 2021 • from CLN January, 2022
Ninth Circuit: Washington’s Sentencing Guidelines, Not Statutory Maximum, Set Upper Limit for Sentence When Determining Grade of Violation of Supervised Release Under U.S. Sentencing Guidelines by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit held that the state of Washington’s mandatory sentencing guidelines set …
Article • December 15, 2021 • from CLN January, 2022
U.S. Sentencing Commission Creates New Sentencing Tool for Judges by Dale Chappell by Dale Chappell The U.S. Sentencing Commission (“USSC”) recently created a new tool for federal judges that will let them compare sentences for similar defendants under specific guidelines to help “guide” them on what sentence may be appropriate …
Article • December 15, 2021 • from CLN January, 2022
Filed under: DNA Testing/Samples
Is Orange County’s DNA Collection Scheme Really Voluntary? by Jayson Hawkins by Jayson Hawkins It’s no secret that anyone who commits a serious crime in the U.S. is likely to have their genetic profile catalogued in the FBI’s Combined DNA Index System (“CODIS”). This network has connected state DNA databases …
Article • December 15, 2021 • from CLN January, 2022
Filed under: Fines
Study: Petty Court Fines and Fees Creates ‘Vicious Cycle’ of Debt for Years by Dale Chappell by Dale Chappell A study by the Duke University Law School found, unsurprisingly, that court fines and fees for such petty offenses as parking tickets creates a “vicious cycle of court debt” that lasts …
Article • December 15, 2021 • from CLN January, 2022
Unchecked Federal Use of Facial Recognition Tech by Anthony Accurso by Anthony W. Accurso   A June 29, 2021, report from the Government Accountability Office (“GAO”) details the use of facial recognition technology (“FRT”) among federal agencies and documents alarming lack of accountability, transparency, or any meaningful policies governing its …
Article • December 15, 2021 • from CLN January, 2022
First Circuit: ‘Controlled Substances Offense’ Under § 2K2.1(a)(2) of USSG Refers to Time of Sentencing, Not Time of Prior Conviction by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the First Circuit held that the term “controlled substance offense” in § 2K2.1(a)(2) of the U.S. Sentencing …
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