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Article • July 15, 2020 • from CLN August, 2020
Police State: From Social Justice to Social Dominance by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Just when we thought things could not get any worse, somehow they did. In the midst of a global pandemic, economic collapse, mass unemployment, and racial divide, we were exposed to a dark truth …
Article • July 15, 2020 • from CLN August, 2020
Filed under: Firearms, Social Media
Sixth Circuit Vacates Firearms Possession Conviction; Government Showed Jury Unauthenticated Prejudicial Facebook Video Not Admitted as Evidence by Matthew Clarke by Matt Clarke On March 27, 2020, the U.S. Court of Appeals for the Sixth Circuit vacated a firearms possession conviction from the U.S. District Court for the Northern District …
Article • July 15, 2020 • from CLN August, 2020
Tenth Circuit: Deputy ‘Trying to Help’ Doesn’t Make Search Permissible Under Community Caretaking Exception to Warrant Requirement by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit ruled that a deputy trying to help a woman retrieve her belongings by opening the lid to a …
Article • July 15, 2020 • from CLN August, 2020
New York Police Act With Impunity During Protests by Kevin Bliss by Kevin Bliss Critics say the New York City Police Department (“NYPD”) is responding to protestors of George Floyd’s May 25, 2020, death with increased violence and no fear of repercussion. Accusations have been made of beatings, pepper spraying, …
FOIA Redaction Limbo: How Low They Will Go by Edward Lyon by Ed Lyon One of the things most free governments around the world have historically admired about the United States is its willingness to open its file cabinets’ many drawers to its citizens upon request. Since the passage of …
Article • July 15, 2020 • from CLN August, 2020
U.S. District Court Chooses Judicial Remedy, Instead of § 2255, to Allow Out-of-Time Appeal by Dale Chappell by Dale Chappell In an unusual move, the U.S. District Court for the Northern District of Texas rejected the typical remedy under 28 U.S.C. § 2255 and instead opted to grant a “judicial …
Article • July 15, 2020 • from CLN August, 2020
California Court of Appeal: Trial Court Abused Discretion Denying Compassionate Release Where Statutory Criteria Are Met by Dale Chappell by Dale Chappell The Court of Appeal of California, Fourth Appellate District, held on April 30, 2020, that the trial court abused its discretion when it denied a motion for compassionate …
Article • July 15, 2020 • from CLN August, 2020
Colorado Supreme Court: Warrant Allowing General Search of Cellphone Unconstitutional Violation of Particularity Requirement by Douglas Ankney by Douglas Ankney The Supreme Court of Colorado held that a warrant authorizing a general search of Pamela Kay Coke’s cellphone was overbroad and violated the Fourth Amendment’s particularity requirement. Fifteen-year-old T.F. told …
Eleventh Circuit Holds Georgia Terroristic Threats Conviction Overbroad for ACCA by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eleventh Circuit held on April 8, 2020, that a prior conviction under Georgia’s terroristic threats statute was overbroad and therefore failed to meet the elements clause of …
Article • July 15, 2020 • from CLN August, 2020
Policing is irrelevant for public safety — but these alternatives are proven to work by Justin Podur/Independent Media Institute, AlterNet.com by Justin Podur/Independent Media Institute, AlterNet.com https://www.alternet.org/2020/06/policing-is-irrelevant-for-public-safety-but-these-alternatives-are-proven-to-work/ Recent protests, catalyzed by the murder of George Floyd in Minneapolis, call for an end to racist police violence. With their actions, the …
Article • July 15, 2020 • from CLN August, 2020
Myth of Technology as an Equalizing Force in Criminal Justice by Anthony Accurso by Anthony Accurso Since the rise of social media and ever-present cellphones with cameras, the narrative around these developments has been that justice is rapidly democratizing. While many law enforcement failures and abuses have been exposed by …
Article • July 15, 2020 • from CLN August, 2020
Fourth Circuit Requests Further Information on Stingray Device to Determine Whether It Violates Fourth Amendment Rights by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fourth Circuit remanded a case to the U.S. District Court for the District of Maryland because the lower court failed to …
Article • July 15, 2020 • from CLN August, 2020
Kansas Supreme Court: District Court Failed to Apprise Defendant of Right to Jury Trial by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas held that a district court “failed to properly apprise [Bryan Richard] Harris of his right to a jury trial and failed to ensure that Harris …
Article • July 15, 2020 • from CLN August, 2020
Oklahoma Enacts Jailhouse Informant Law, Joins Other States by Dale Chappell by Dale Chappell A new law enacted in Oklahoma will crack down on unreliable jailhouse informants who testify against others in exchange for lenience in their own cases and sometimes for other benefits. The law was sponsored by Senator …
Article • July 15, 2020 • from CLN August, 2020
South Carolina Supreme Court Overturns Murder Conviction Where State Presented Improper Testimony Regarding Trace DNA Evidence by Douglas Ankney by Douglas Ankney The Supreme Court of South Carolina reversed Billy Phillips’ murder conviction because the State presented improper testimony regarding DNA evidence and provided information to the jury that was …
Article • July 15, 2020 • from CLN August, 2020
Iowa Supreme Court Announces That ‘Good Cause’ in Newly Amended Appeals Statute Means ‘a Legally Sufficient Reason’ by Douglas Ankney by Douglas Ankney The Supreme Court of Iowa announced that the words “good cause” in the newly amended appeals statute of Iowa Code § 814.6(1)(a)(3) means “a legally sufficient reason.” …
Article • July 15, 2020 • from CLN August, 2020
South Carolina Supreme Court: State Cannot Appeal Guilty Plea by David Reutter by David M. Reutter The Supreme Court of South Carolina dismissed the State’s appeal of a guilty plea and affirmed denial of motions to reconsider the sentence for recusal of the trial court. The Court’s order came in …
Article • July 15, 2020 • from CLN August, 2020
Two New Forensic DNA Standards Added to the OSAC Registry by National forensic science organization approves standards for interpreting DNA mixtures. by the National Institute of Standards and Technology, U.S. Department of Commerce https://www.nist.gov/news-events/news/2020/05/two-new-forensic-dna-standards-added-osac-registry The Organization of Scientific Area Committees (OSAC) for Forensic Science has placed two new standards covering …
Article • July 15, 2020 • from CLN August, 2020
Big Brother, as Well as Big Business, Are Tracking You: the Snitch in Your Own Pocket, Purse, or Belt Holder by Edward Lyon by Ed Lyon Some ancient cultures believed that everywhere a person went they left an invisible essence of themselves behind that marked their passage. While this is …
Article • July 15, 2020 • from CLN August, 2020
Neuroscience and Criminal Cases by Jayson Hawkins by Jayson Hawkins A prime consideration in determining guilt and assessing punishment for a crime has long been the mental state of the accused. Legal precedents that weighed the workings of the human mind can be traced to the 17th century, according to …
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