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Article • November 15, 2021 • from CLN December, 2021
Maryland Court of Appeals Announces Standard for Whether Scientific Evidence Is ‘Testimonial’ for Confrontation Right Purposes Under Article 21 of Maryland Declaration of Rights by Douglas Ankney by Douglas Ankney Citing lack of clear guidance from the U.S. Supreme Court, the Maryland Court of Appeals (“MCA” or “Court”) announced that …
Article • November 15, 2021 • from CLN December, 2021
NYPD Training Deprioritizes First Amendment Education in Policing Protests by Casey Bastian by Casey Bastian A recent cache of internal training documents from the New York City Police Department (“NYPD”) was released pursuant to a Freedom of Information Law request by The Intercept. The documents pertain to training for “Civil …
Article • November 15, 2021 • from CLN December, 2021
USPS Reveals Social Media Surveillance Program by Anthony Accurso by Anthony W. Accurso The United States Postal Service (“USPS”) has been running a semi-secret program monitoring social media site traffic, raising concerns about the purpose or authority for such a program surveilling American citizens. First reported in April 2021 by …
California Supreme Court Announces Hearsay Regarding Nonpredicate Offenses in Psychological Evaluation Reports Inadmissible in SVP Probable Cause Hearings by Douglas Ankney by Douglas Ankney The Supreme Court of California held that Welfare and Institution Code § 6602, subd. (a) does not create an exception permitting hearsay regarding nonpredicate offenses to …
Article • November 15, 2021 • from CLN December, 2021
Rhode Island Supreme Court: Conclusory Statutory Language to Describe Purported Child Porn Image Used to Support Search Warrant Affidavit Invalidates Warrant by Anthony Accurso by Anthony W. Accurso The Supreme Court of Rhode Island held that the search warrant used to search a defendant’s home was invalid because the officer’s …
Article • November 15, 2021 • from CLN December, 2021
Texas Man Positively Identified by Six Eyewitnesses and Sentenced to Life Granted Actual Innocence Relief as Result of DNA Evidence by Casey Bastian by Casey J. Bastian Aaron Scheerhoorn was stabbed to death outside a Houston bar in 2010. During the investigation, multiple witnesses told detectives an unknown Black man …
Article • November 15, 2021 • from CLN December, 2021
When Life Is No Better Than Death by Jayson Hawkins by Jayson Hawkins Capital punishment has been a part of the American experience from the earliest times. Virginia executed a colonist in the seventeenth century, and since then, nearly every method of execution, from hanging to lethal injection, has found …
Article • November 15, 2021 • from CLN December, 2021
Filed under: Cell-Phones
How Law Enforcement Get Past Phone Encryption by Anthony Accurso by Anthony W. Accurso Reporting from Wired shows how researchers at Johns Hopkins University looked into vulnerabilities in Apple and Android phones and how they can be exploited by groups like law enforcement and other government actors. Cryptographers at Johns …
Article • November 15, 2021 • from CLN December, 2021
Minnesota Supreme Court Announces Two-Year Time Limit of § 590.01, subd. 4(c) Runs From Date of Court Decision by Douglas Ankney by Douglas Ankney The Supreme Court of Minnesota announced that the two-year time limit set forth in Minn. Stat. § 590.01, subd. 4(c) to file a timely postconviction petition …
Article • November 15, 2021 • from CLN December, 2021
First Circuit: Defendant Entitled to Withdraw Plea Where Government Withdrew From Plea Agreement Based on Defendant’s Breach by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit held that the U.S. District Court for the District of New Hampshire erred by refusing to allow Louis …
Article • November 15, 2021 • from CLN December, 2021
Law Proposed to End Sales of Private Data to Law Enforcement by Anthony Accurso by Anthony W. Accurso A bill introduced in mid-April by Ron Wyden (D-OR), Rand Paul (R-KY) and 18 other U.S. Senators would make it illegal for law enforcement and intelligence agencies to purchase Americans’ sensitive information—including …
Article • November 15, 2021 • from CLN December, 2021
Wisconsin Supreme Court Announces Incapacitated Driver Provision of Implied Consent Statute Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Wisconsin affirmed the decision of the Court of Appeals (“COA”) that had held the incapacitated driver provision of Wisconsin’s implied consent statute, Wis. Stat, § 343.305(3)(b), is unconstitutional …
Article • November 15, 2021 • from CLN December, 2021
Law of Unintended Consequences: How Defunding the Police Leads to Salary Increases by Casey Bastian by Casey J. Bastian The desire to implement significant reforms in American policing, particularly in metropolitan areas, is not new. However, the specific demand to literally defund the police is a nascent concept. Contemporary reform …
Article • November 15, 2021 • from CLN December, 2021
Washington Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Introduction of Inadmissible Evidence by Douglas Ankney by Douglas Ankney The Supreme Court of Washington reversed the convictions of Jessica L. Vazquez after holding that her attorney, Sarah McFadden, was ineffective under the Sixth Amendment for failing to …
Article • November 15, 2021 • from CLN December, 2021
Filed under: Police, Racial Profiling
Is It Time to Stop Relying on the Cops? by Casey Bastian by Casey J. Bastian For many Black Americans, the thought of calling the police for help is not an option. Most won’t request assistance from law enforcement unless there is a truly violent crime occurring. Minor situations are …
Article • November 15, 2021 • from CLN December, 2021
Michigan Supreme Court: Parole-Revocation Prison Term Imposed as Result of Separate Wrongful Conviction Is Included in Compensation Under WICA by Douglas Ankney by Douglas Ankney The Supreme Court of Michigan held that time served in prison due to revocation of parole that resulted solely from a wrongful conviction of other …
Article • November 15, 2021 • from CLN December, 2021
Maine Supreme Judicial Court Reverses Denial of Suppression Motion and Vacates Murder Conviction by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Maine reversed the denial of Bruce Akers’ motion to suppress and vacated his murder conviction. On June 9, 2016, Akers called the local sheriff’s office and …
Brief • November 12, 2021
Filed under: Mail
Mitchell v. Perkins, FL, Settlement Agreement, Tampering With Mail, 2021 SETTLEMENT AGREEMENT AND RELEASE ~ttleqi~nt Agreement and Release ("Settlement Agreement") is entered into as of this .J;J. day of /VQven, ~ 021 (the ..Effective Datej, by Rico Mitchell, on the one banc(';i;d Lt. Smith, Sgt. Clarie, Officer J.M. Perkins, and …
Article • November 11, 2021
Queens DA Tosses 60 Convictions Tied to Lying or Predatory Cops by Chuck Sharman by Chuck Sharman   Thanks to misconduct that has tainted the testimony of three now-fired New York City Police Department (“NYPD”) cops, the resulting convictions of 60 people will be vacated and expunged after a judge …
Publication • November 9, 2021
City of NY Board of Correction Resolution Nov 2021 BOARD OF CORRECTION CITY OF NEW YORK RESOLUTION OF THE BOARD OF CORRECTION NOVEMBER 9, 2021 PUBLIC MEETING WHEREAS, on June 9, 2021, pursuant to its authority under Section 626(e) of the New York City Charter (the Charter), the Board approved …
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