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Article • July 15, 2020 • from CLN August, 2020
Maine Supreme Judicial Court Vacates Conviction on Double Jeopardy Grounds by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Maine vacated one of Ronald Paquin’s convictions for gross sexual misconduct on double jeopardy grounds and ordered the trial court to enter a judgment of acquittal on three additional …
Article • July 15, 2020 • from CLN August, 2020
Eighth Circuit Affirms Habeas Relief Decades After Conviction Because Prosecutor Destroyed Evidence Prior to Trial by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eighth Circuit affirmed habeas relief to two codefendants on April 29, 2020, after an Arkansas state prosecutor (now a state supreme court …
Article • July 15, 2020 • from CLN August, 2020
Eleventh Circuit Vacates Firearm Conviction Based on Rehaif by Douglas Ankney by Douglas Ankney Based on Rehaif v. United States, 139 S. Ct. 2191 (2019) (“Rehaif II”), the U.S. Court of Appeals for the Eleventh Circuit vacated Oniel Christopher Russell’s conviction of possessing a firearm and ammunition as an immigrant …
Article • July 15, 2020 • from CLN August, 2020
Washington Supreme Court: Defendant Detained for Search at Border Was ‘In Custody’ for Miranda Purposes by Douglas Ankney by Douglas Ankney The Supreme Court of Washington determined that Alejandro Escalante was “in custody” and entitled to the warnings enunciated in Miranda v. Arizona, 384 U.S. 436 (1966), when he was …
Article • July 15, 2020 • from CLN August, 2020
Filed under: Wrongful Conviction
Never Convicted but Never Exonerated, Either by Edward Lyon by Ed Lyon Issues facing exonerees and wrongfully convicted individuals have been recurring topics in CLN and PLN. Still, there’s another category of arguably similarly situated citizens that must also be paid some attention: Those who were wrongfully accused of crimes …
Article • July 15, 2020 • from CLN August, 2020
Fourth Circuit: Erroneous Career Offender Sentence Correctable in First Step Act Resentencing by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held on April 23, 2020, that a retroactive change in law that rendered a career offender sentence erroneous required a district court to …
Article • July 15, 2020 • from CLN August, 2020
Filed under: junk science, EP2P Software
Government Study Finds Facial Recognition Sorely Lacking in Accuracy by Dale Chappell by Dale Chappell A study by the National Institute of Standards and Technology (“NIST”), a non-biased government agency that does independent testing on various technologies and industries, has found that facial recognition software used to identify criminal suspects …
Article • July 15, 2020 • from CLN August, 2020
Filed under: Wrongful Conviction
Idaho Exoneree Fights for Wrongful Conviction Compensation by Edward Lyon by Ed Lyon Christopher Tapp of Idaho Falls, Idaho, was convicted of a murder and rape after 20-plus hours of interrogations over a three-week period in 1996. He was 19 at the time of his arrest. Despite being innocent of …
Article • July 15, 2020 • from CLN August, 2020
Fifth Circuit Clarifies AEDPA Time Limit Tolling for Louisiana Prisoners Filing Federal Habeas Corpus by Dale Chappell
Article • July 15, 2020 • from CLN August, 2020
Missouri Shows Indifference to Human Life by Proceeding with Execution Amid Pandemic by Douglas Ankney by Douglas Ankney The “Show Me” state showed indifference to human life by carrying out the death sentence of Walter Barton on May 19, 2020, at the state prison in Bonne Terre, Missouri. Neither the …
Article • July 15, 2020 • from CLN August, 2020
Dogs Can Detect One-Billionth of a Teaspoon of Gasoline by Douglas Ankney by Douglas Ankney According to a recent study from the University of Alberta, trained dogs can detect gasoline in trace amounts as small as one-billionth of a teaspoon (or 5 pico-liters). “During an arson investigation, a dog may …
Article • July 15, 2020 • from CLN August, 2020
Filed under: News in Brief
News in Brief by California: A series of racist and anti-Muslim posts on social media allegedly has ties to a private group of active and retired San Jose Police officers calling themselves 10-7ODSJ, a reference to the police code for “off duty,” mercurynews.com reports. In June 2020, four of them …
Article • July 15, 2020 • from CLN August, 2020
Fulton County Prosecutor in Georgia to Expunge MLK and Other Civil Rights Leaders’ Records, But not Everyone Agrees by Michael Fortino, Ph.D by Michael Fortino, Ph.D. On October 19, 1960, the Rev. Dr. Martin Luther King, Jr. was arrested while taking part in the Atlanta Student Movement’s campaign of boycotts …
Article • July 15, 2020 • from CLN August, 2020
Filed under: Privacy Right
Survey: California Cops Abusing Privacy Rights with Auto Plate Readers by Jayson Hawkins by Jayson Hawkins Automated license-plate readers (“ALPRs”) have come into wider use among law enforcement circles, touted for making the jobs of police easier and more efficient. The technology employs high-speed cameras in cop cars, on top …
Article • July 15, 2020 • from CLN August, 2020
Attacking the Guilty Plea: Establishing Prejudice in the Guilty Plea Context by Dale Chappell by Dale Chappell In my last column, we went over the general standard for showing ineffective assistance of counsel (“IAC”) in the guilty plea context under Strickland v. Washington, 466 U.S. 668 (1984). In this column, …
Article • July 15, 2020 • from CLN August, 2020
Filed under: Stun Guns/Tasers
Report Finds NYPD Officers Accidentally Deploy Tasers 25% of the Time by Douglas Ankney by Douglas Ankney A recent report found that officers in the New York Police Department (“NYPD”) fired their Tasers 995 times in 2018. Of those incidents, 224 times the use of the Tasers was unintentional. Retired …
Article • July 15, 2020 • from CLN August, 2020
Fourth Circuit: IAC for Counsel’s Bad Advice That Open Plea Would Allow Appeal Denial of Motion to Suppress by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held on April 20, 2020, that counsel’s erroneous advice that an open guilty plea without a plea …
Article • July 15, 2020 • from CLN August, 2020
California Supreme Court: § 459.5(b) Prohibits Charging Shoplifting and Theft for Same Property by Douglas Ankney by Douglas Ankney The Supreme Court of California held that California Penal Code § 459.5(b) prohibits charging both shoplifting and theft for the same property, even in the alternative. Anthony Lopez exited a Walmart …
Article • July 15, 2020 • from CLN August, 2020
Massachusetts Supreme Judicial Court: GPS Monitoring Unreasonable When It Doesn’t Further Any Governmental Interest by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts ruled that imposition of GPS monitoring as a condition of bail was an unreasonable search because the monitoring did not further any legitimate governmental …
Article • July 15, 2020 • from CLN August, 2020
Filed under: junk science
D.C. Circuit Reverses Nearly 50-Year-Old Murder Conviction Over Faulty Hair Evidence by Dale Chappell by Dale Chappell For the second time in the past year, the U.S. Court of Appeals for the D.C. Circuit overturned a decades-old murder conviction after the federal government admitted that it used faulty hair evidence …
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