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After a Decade of Fighting, The Last Resort Exoneration Project Finally Frees Two Wrongfully Convicted of Murder by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Kevin Baker and Sean Washington, having served nearly 25 years on a double murder sentence and facing life in prison, never gave up hope because …
Tenth Circuit Vacates Conviction, Rules Waiver of Trial Counsel Not Knowingly Made by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Tenth Circuit held on June 15, 2020, that a district court’s failure to fully advise a defendant of the elements of the charges and the …
Article • August 15, 2020 • from CLN September, 2020
Colorado Supreme Court: Plea Proviso in § 18-1-409(1) Doesn’t Bar Appeal on Manner in Which Sentence Imposed by David Reutter by David M. Reutter he Supreme Court of Colorado held that the “plea provisio [in Colo Rev. Stat. § 18-1-409(1) (2019)] does not preclude an appeal related to the manner …
Article • August 15, 2020 • from CLN September, 2020
Filed under: COVID-19, Racial Profiling
New York Police Continue Pattern of Arrests of Low-Level Crime During COVID-19 Crisis by Derek Gilna by Derek Gilna Arrest statistics and eyewitnesses seem to show that the New York City Police Department is continuing its pattern of making low-level arrests for non-violent crime in low income areas of the …
Article • August 15, 2020 • from CLN September, 2020
Report: Attorney Appointment a ‘Pay For Play’ Arrangement in Texas County by Kevin Bliss by Kevin Bliss Georgetown Law professor Neel Sukhatme and Texas Criminal Justice Coalition lawyer Jay Jenkins conducted a study of judges and their assignment of legal representation to indigent defendants in Harris County, Texas. They found …
Article • August 15, 2020 • from CLN September, 2020
Hawai’i Supreme Court: Dog Sniff Unrelated to Initial Traffic Stop Requires Suppression of Evidence by Dale Chappell by Dale Chappell The Supreme Court of Hawai’i held on June 9, 2020, that a dog sniff search based on reasons unrelated to the original purpose of a proper traffic stop was an …
Article • August 15, 2020 • from CLN September, 2020
Hawai’i Supreme Court Announces Trial Courts Have Duty to Obtain Knowing and Voluntary Waiver of Penal-Responsibility Defense by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i announced that, going forward, trial courts have a duty to obtain a knowing and voluntary waiver of the penal-responsibility defense. In June …
Article • August 15, 2020 • from CLN September, 2020
Colorado Supreme Court Announces Framework for Distinguishing True Threat From Protected Speech Communicated Online by Douglas Ankney by Douglas Ankney The Supreme Court of Colorado announced the framework for distinguishing a true threat from constitutionally protected speech. A few days after a shooting at Arapahoe High School, students from Littleton …
Tenth Circuit: Confession Involuntary Where FBI Agent Falsely Claimed to Be in Contact With Judge, and Defendant Could Shorten Sentence With Each Truthful Answer by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit held that Shane Thomas Young’s confession was involuntary because, under the …
Article • August 15, 2020 • from CLN September, 2020
Wrongfully Convicted Virginians Now Have Chance to Prove Innocence Due to Amendments to Writ of Actual Innocence by Douglas Ankney by Douglas Ankney Perhaps now those who are actually innocent in Virginia will be able to prove their claims, thanks to legislation signed by Governor Ralph Northam. The Writ of …
Second Circuit: Justice for Victims of Trafficking Act Applies on Per-Offender, not Per-Count Basis by David Reutter by David M. Reutter The U.S. Court of Appeals for the Second Circuit ruled that 18 U.S.C. § 3013 provides for an assessment to be applied on a per-offender basis, not a per-count …
Article • August 15, 2020 • from CLN September, 2020
Fourth Circuit: Sentencing Procedurally Unreasonable Where Special Condition Not Explained and Mitigation Argument Not Addressed by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Fourth Circuit held that a criminal sentence was unreasonable where the district court failed to offer an explanation for a special condition …
Article • August 15, 2020 • from CLN September, 2020
Hawai’i Supreme Court: Showing Jury Video of Defendant Declining Officer’s Request to Reenact Crime Violates Right to Remain Silent by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i held that showing a video to the jury of a defendant declining an officer’s request to reenact the crime violated …
Article • August 15, 2020 • from CLN September, 2020
The Power of Filming Police by Jayson Hawkins by Jayson Hawkins A string of recent polls suggests a dramatic shift in American public opinion about the use of force by police, especially against people of color. The Washington Post released a poll in early June that found 69% of Americans …
Article • August 15, 2020 • from CLN September, 2020
Georgia Supreme Court: Counsel’s Failure to Inform Defendant of Absolute Right to Withdraw Plea Prior to Sentencing Ineffective Assistance by David Reutter by David M. Reutter The Supreme Court of Georgia held a habeas corpus petitioner was denied the effective assistance of counsel due to counsel’s failure to advise him …
Article • August 15, 2020 • from CLN September, 2020
Filed under: Habeas Corpus, AEDPA, Shackles
Sixth Circuit Grants Habeas Relief for Defendant Shackled During Murder Trial Without On-the-Record Justification by David Reutter by David M. Reutter The U.S. Court of Appeals for the Sixth Circuit granted conditional habeas corpus relief to a Michigan prisoner who alleged that the use of shackles upon him during trial …
Guard Your Digital Privacy to Keep Your Real Self Safe by Anthony Accurso by Anthony Accurso It’s no secret that our digital devices, especially our phones, are collecting troves of data about us — our preferences, habits, and movements. Many of us understand this is the price we pay for …
Article • August 15, 2020 • from CLN September, 2020
Second Circuit Announces Categorical Approach Applies to State Convictions for Sentencing Enhancement Determination Under 21 U.S.C. § 841(b)(1)(B) by Matthew Clarke by Matt Clarke On June 8, 2020, the U.S. Court of Appeals for the Second Circuit announced that federal courts are directed to use the categorical approach “to identify …
Article • August 15, 2020 • from CLN September, 2020
Congress Unsure of Internet Data Collected by Government as PATRIOT Act Heads for Reauthorization by Dale Chappell by Dale Chappell As Congress looks to renew the PATRIOT Act, some members of Congress and privacy advocates are concerned about privacy issues because Congress has no idea what internet data the government …
Article • August 5, 2020
Florida Exonerates One Prisoner for Every Three Executed by Kevin Bliss by Kevin Bliss Studies show that Florida has one of the highest execution rates in the United States. It also has the highest number of exonerations of death-row prisoners than any other state. With one conviction overturned on death …
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