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Article • February 1, 2025 • from CLN February, 2025
Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA by Dale Chappell by Dale Chappell If you’re reading this, you’re probably looking to understand how to challenge your state court conviction in federal court. Federal habeas corpus petitions give you that chance, but since 1996, the path has gotten …
California Court of Appeal Strikes Prison Prior Enhancement for Invalid Predicate Offense Under § 1172.75 Despite Concurrently Served Valid Predicate by Sam Rutherford by Sam Rutherford The California Court of Appeal, Fourth Appellate, held that a defendant’s prison prior enhancement based on an offense that may no longer serve as …
Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case by Sam Rutherford by Sam Rutherford The Criminal Court of Appeals of Texas, the state’s highest court in criminal cases, granted a prisoner’s habeas corpus petition based on advances in science that undermined the validity of evidence …
Article • February 1, 2025 • from CLN February, 2025
Study Highlights Limitations in Forensic DNA Analysis Involving Lower Genetic Diversity Groups by Jo Ellen Nott by Jo Ellen Not A University of Oregon study, “Decreased accuracy of forensic DNA mixture analysis for groups with lower genetic diversity” published in Volume 27, Issue 11, 111067 of iScience in November 2024 …
Article • February 1, 2025 • from CLN February, 2025
Colorado Bureau of Investigation Admits Over 1,000 Cases Affected by DNA Test Misconduct by James Mills by James Mills The Colorado Bureau of Investigation (“CBI”) announced that more than 1,000 cases could be affected by the systematic deletion and falsification of data by forensic scientist Yvonne “Missy” Woods. Woods was …
Article • February 1, 2025 • from CLN February, 2025
Chicago’s Police Body Cam Transparency by Michael Thompson by Michael Dean Thompson Police body cameras were full of promise. After several high-profile police killings, people turned to body cams for a solution. It makes sense. Cameras were already recording an increasing number of incidents as civilians witnessed events that poorly …
Article • February 1, 2025 • from CLN February, 2025
Careful What You Search For by Michael Thompson by Michael Dean Thompson Don’t ask Google this simple question: “Are Bengal cats legal in Australia?” That is the gist of an urgent warning on cybersecurity firm Sophos’ website. People who have clicked on the resulting links have had their personal information …
Article • February 1, 2025 • from CLN February, 2025
Filed under: News in Brief
News in Brief by Arizona: Phoenix resident Penny McCarthy, 66, endured a terrifying ordeal after United States Marshals arrested her at gunpoint in her home, mistaking her for a fugitive, according to KNXV. Body camera footage shows officers refusing to confirm her identity despite McCarthy repeatedly asking them. “I truly …
Article • February 1, 2025 • from CLN February, 2025
Surveilling the Harms of Electronic Monitors by Michael Thompson by Michael Dean Thompson The U.S. has a dark carceral history that has led to its maintenance of one of the highest incarceration rates in the world. Advocates for electronic monitoring (“EM”) have often made the claim that it could reduce …
Brief • January 31, 2025
Estate of Shelly Monahan v. Clark County, WA, Order Granting in Part and Denying in Part Motion to Dismiss, Wrongul Death-Denial Medical Care, 2025 Case 3:24-cv-05392-TMC Document 49 Filed 01/31/25 Page 1 of 40 1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 …
Brief • January 28, 2025
Filed under: False Imprisonment
Puryear v. Dotson, VA, Settlement, False Imprisonment, 2025 Case 3:24-cv-00479-REP Document 55-1 Filed 01/28/25 Page 1 of 83 PageID# 449 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION LESLIE PURYEAR, on behalf of himself and all those similarly situated, Plaintiff, v. Civil Action No. 3:24-cv-00479-REP CHADWICK DOTSON, in …
SCOTUS Announces Confrontation Clause Prohibits Expert Witness From Testifying About Non-­Testifying Expert’s Statements Regarding Forensic Testing Performed by Non-­Testifying Expert in Support of Testifying Expert’s Opinion Testimony at Trial by Sam Rutherford by Sam Rutherford The Supreme Court of the United States unanimously held that the Sixth Amendment’s Confrontation Clause …
Article • January 15, 2025 • from CLN November, 2024
NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem by Douglas Ankney by Douglas Ankney The illicit drug market is ever evolving, with new drugs (called “novel psychoactive substances” or “NPS”) steadily appearing to avoid detection and legal consequences. Between January 2018 and December …
Article • January 15, 2025 • from CLN January, 2025
Understanding Timestamps in Digital Forensics by Michael Thompson by Michael Dean Thompson Modern computing systems constantly record when a specific event occurs. A common example of this is the timestamp applied to a document file that indicates when the file was last updated. But the timestamps can be more pernicious. …
Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’ by Anthony Accurso by Anthony W. Accurso The Supreme Court of Georgia unanimously granted a defendant’s habeas petition …
Article • January 15, 2025 • from CLN January, 2025
Oregon Supreme Court Announces 60-Day Limit on Pretrial Custody Applies to Retrials by Matthew Clarke by Matt Clarke The Supreme Court of Oregon held that the provision of ORS 136.290 limiting a criminal defendant’s pretrial custody to no more than 60 days also applies to retrials. Anthony Lee Benjamin IV …
Article • January 15, 2025 • from CLN January, 2025
Protect Yourself Against Police Invasion of Your Cellphone by Douglas Ankney by Douglas Ankney In Riley v. California, 573 U.S. 373 (2014), the U.S. Supreme Court recognized the reality that the amount of data people keep on their cellphones is almost beyond measure. The Riley Court ruled that police must …
Article • January 15, 2025 • from CLN February, 2025
Seeking Justice for Two: The DNA Scandal That Shook a Community by by Justyna Madenska This article explores the wrongful conviction of David Hehn and the unresolved murder of Gay Lynn Dixon, revealing systemic failures in forensic evidence handling and the justice system’s pursuit of true justice. In 1982, the …
Brief • January 6, 2025
Filed under: Jail Specific
USA v. Fulton County, GA, Consent Decree, Jail Conditions, 2025 Case 1:25-cv-00024-LMM Document 3 Filed 01/06/25 Page 1 of 71 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION UNITED STATES OF AMERICA, Plaintiff, v. FULTON COUNTY AND SHERIFF PATRICK LABAT, IN HIS OFFICIAL CAPACITY, …
Filing • December 30, 2024
Human Rights Defense Center v. Pacific County, et al., WA, Complaint, Censorship, 2024 Case 3:24-cv-06068 Document 1 Filed 12/30/24 Page 1 of 14 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 HUMAN RIGHTS DEFENSE CENTER, No. 9 Plaintiff, COMPLAINT 10 …
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