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Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution by Dale Chappell by Dale Chappell For nearly a decade, the ACLU has fought Michigan’s Sex Offender Registration Act (“SORA”), challenging provisions it claims violate constitutional rights. Despite repeated rulings declaring earlier versions unconstitutional, Michigan enacted a revised SORA in …
Article • December 1, 2024 • from CLN December, 2024
Filed under: Wrongful Conviction
Wrongfully Convicted Actor Exonerated After 24 Years in Prison by Jon-Adrian Velazquez’s wrongful conviction for the 1998 murder of retired NYPD detective Albert Ward was vacated on September 30, 2024, after spending over 23 years behind bars. Leaving court on that momentous Monday, Velazquez, now 48, wore a baseball cap …
Article • December 1, 2024 • from CLN December, 2024
Arkansas Supreme Court Announces Petition for Testing Forensic Evidence Based on Advances in Technology Under Act 1780 of 2001 May Be Filed by Anyone Convicted of a Crime, Not Just Those Still in State Custody by Anthony Accurso by Anthony W. Accurso The Supreme Court of Arkansas held that courts …
Article • December 1, 2024 • from CLN December, 2024
Nevada Supreme Court Announces Incorporated Probable Cause Affidavit Cannot Broaden Scope of Warrant’s Description of Places and Persons to be Searched or Items to Be Seized by Anthony Accurso by Anthony W. Accurso The Supreme Court for the State of Nevada reversed a trial court’s order denying a defendant’s suppression …
Article • December 1, 2024 • from CLN December, 2024
Washington Supreme Court Announces Prohibition Against Use of ‘In-Court Holding Cell’ for Court Proceedings Without Individualized Determination of Need by Sam Rutherford by Sam Rutherford The Supreme Court of Washington prohibited trial courts from placing defendants in what it described as an “in-court holding cell” without first conducting an individualized, …
Article • December 1, 2024 • from CLN December, 2024
Parole Rate Plummets in South Carolina by Matthew Clarke by Matt Clarke Between 2018 and 2024, the parole rate in South Carolina dropped from around 40% to just 5%, an 80% decline. South Carolina is not alone in experiencing dramatic reductions in the rate at which prisoners are released from …
Indigent Defense: Appointed Counsel Does Not Mean Free Counsel by David Reutter by David M. Reutter The law firmly provides that every criminal defendant has the constitutional right to the effective assistance of counsel. Appearance of counsel is largely dependent upon one’s financial state. A person of financial means is …
Montana Supreme Court: Expert Witness Testimony Presented Via Two-Way Video Conferencing Technology Violates Confrontation Clause by Sam Rutherford by Sam Rutherford The Supreme Court of Montana held that the presentation of expert witness testimony adverse to the defendant via two-way video conferencing technology during trial violated the defendant’s right to …
Cell-Site Simulator Proposal: A Glimpse Inside the Black Box Whose Secrets Are Protected by NDAs and Obfuscation by Michael Thompson by Michael Dean Thompson The cell-site simulator (“CSS”) is a powerful and largely unregulated device once designed for military intelligence use that has found its way onto the streets of …
Article • December 1, 2024 • from CLN December, 2024
Rhode Island Supreme Court: Officer Lacked Reasonable Suspicion for Terry Stop Based on Unsubstantiated, Anonymous Tip by Sam Rutherford by Sam Rutherford The Supreme Court of Rhode Island held that a police officer lacked reasonable suspicion to conduct an investigative search where the initial detention was based on an unsubstantiated, …
Article • December 1, 2024 • from CLN December, 2024
Filed under: News in Brief
News In Brief by Alabama: A former Tuscumbia police officer was sentenced to 20 years in prison on August 24, 2024, after pleading guilty to manslaughter in connection with a fatal pedestrian accident. The incident occurred in October 2022 when James “Jay” Keith Steward’s vehicle struck and killed 60-year-old Terry …
Article • November 15, 2024 • from CLN November, 2024
Angola Prisoners Granted Limited Relief From “Farm Line” Work by "No one truly knows a nation until one has been inside its jails,” Nelson Mandela once wrote. That was also the quote chosen by Judge Brian A. Jackson of the U.S. District Court for the Middle District of Louisiana in …
Broken Trust The Pervasive Role of Deceit in American Policing by Andrew Eichen While at times an effective tool, deception is ethically dubious and can result in severe negative consequences for suspects. September 12, 2024 • Policy Analysis No. 979 by Andrew Eichen This article was originally published by the …
Article • November 1, 2024 • from CLN November, 2024
Filed under: News in Brief
News In Brief by Alabama: WSFA out of Mobile reported that on August 22 and 23, 2024, a sex trafficking sting operation occurring in several jurisdictions resulted in the arrests of 11 men. Montgomery County Sheriff Derrick Cunningham and other law enforcement officials discussed the results at a press conference. …
Article • November 1, 2024 • from CLN November, 2024
Seventh Circuit Announces Search of Cellphone at Border Constitutes Routine Inspection and Does Not Require Warrant, Probable Cause, or Even Individualized Suspicion by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Seventh Circuit held that the routine inspection and search of a traveler’s electronics, or for …
Delaware Supreme Court: Counsel Ineffective for Failing to Challenge Search of Cellphone Where Consent Was Ambiguous and Warrant Constituted a General Warrant by Sam Rutherford by Sam Rutherford The Supreme Court of Delaware granted postconviction relief to a prisoner because his defense attorney provided ineffective assistance of counsel by failing …
Article • November 1, 2024 • from CLN November, 2024
Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit affirmed …
Article • November 1, 2024 • from CLN November, 2024
Overthrowing the Constitution: All Sides Are Waging War on Our Freedoms by John W. Whitehead, Nisha Whitehead by John & Nisha Whitehead We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”—Abraham Lincoln …
Article • November 1, 2024 • from CLN November, 2024
Ninth Circuit Announces California Carjacking Conviction Not Categorically ‘Crime of Violence’ Under Immigration Law for Removal Purposes by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit held that a carjacking conviction under California Penal Code § 215(a) is not categorically a crime of violence under …
Article • November 1, 2024 • from CLN November, 2024
Barrier-­Crime Laws Continue to Unjustly Prohibit Otherwise Qualified Persons With Prior Convictions From Employment by Douglas Ankney by Douglas Ankney Rudy Carey became addicted to drugs after his father died. A string of poor decisions led him to serving three years in prison for striking a police officer during a …
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