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Article • May 15, 2021 • from CLN June, 2021
Filed under: Settlements
$27 Million Settlement for George Floyd’s Family by Jayson Hawkins by Jayson Hawkins Incidents of police brutality are nothing new in the U.S. They occur with such regularity that it is easy to be overwhelmed by the statistics and hard to recall the specifics surrounding each one on the ever-lengthening …
Article • May 15, 2021 • from CLN June, 2021
Debunked Bite-Mark Comparison Evidence: Wrongfully Convicted Man Freed After Spending Over 25 Years on Death Row by Casey Bastian by Casey J. Bastian Eddie Lee Howard, now 67, is a Black man who spent more than a quarter-century fighting not only to prove his innocence, but for his very life. …
Article • May 15, 2021 • from CLN June, 2021
$1.4 Million for Nevada Man Wrongly Imprisoned Over 20 Years by Dale Chappell by Dale Chappell After more than two decades behind bars for a murder he didn’t commit, Fred Steese walked into a Las Vegas courtroom on March 1, 2021, to be awarded $1.4 million by the state but …
Filing • April 29, 2021
HRDC v. Johnson County, Kansas, et al., KS, Censorship, Settlement, 2021 IN THE MATTER OF: Human Rights Defense Center v. Johnson County, KS, et al. Case No. 2:20-cv-02447 U.S. DISTRICT COURT, DISTRICT OF KANSAS ___________________________________________ SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (hereinafter referred to as the “Agreement”) is made and entered …
Article • April 15, 2021 • from CLN May, 2021
Filed under: junk science, Firearms
D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire by Derek Gilna by Derek Gilna The Firearms Examination Unit (“FEU”) at the D.C. Department of Forensic Sciences (“DFS”) is under criminal investigation by the District of Columbia Office of the Attorney General (“OAG”), according to court documents that revealed …
Article • April 15, 2021 • from CLN May, 2021
Filed under: junk science, EP2P Software
New Jersey Appellate Court Holds Defendant Entitled to Source Code of Novel Probabilistic Genotyping Software Upon Showing of Particularized Need by Douglas Ankney by Douglas Ankney In a case of first impression, the Superior Court of New Jersey, Appellate Division, held that when the State chooses to utilize an expert …
Article • April 15, 2021 • from CLN May, 2021
Filed under: junk science
All Bark but No Bite by Douglas Ankney by Douglas Ankney Adam Freeman, an ex-president of the American Board of Forensic Odontology (“ABFO”), has vehemently criticized bitemark-matching evidence. Freeman was deeply disturbed upon discovering that when ABFO-certified experts examined case files, they rarely agreed that the bitemarks were human – …
Article • April 15, 2021 • from CLN May, 2021
Utah Supreme Court: Appeal of Plea in Justice Court Doesn’t Vacate Judgment by David Reutter by David M. Reutter The Supreme Court of Utah held that under Utah Code § 78A-7-118(3) “a criminal defendant’s appeal of a guilty plea made in justice court does not void that court’s conviction, sentence, …
Article • March 15, 2021 • from CLN April, 2021
Second Circuit: Jury Instructions Regarding Defendant’s Motive to Testify Falsely Improper by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Second Circuit vacated a defendant’s conviction after the U.S. District Court for the Eastern District of New York issued jury instructions that implied the defendant had …
Article • March 15, 2021 • from CLN May, 2021
New Jersey Supreme Court Announces Adoption of Framework for Evaluating Discovery Motions Challenging Warrant Affidavits Based on Unidentified Confidential Informants by Douglas Ankney by Douglas Ankney The Supreme Court of New Jersey announced its adoption of the framework articulated by the California Supreme Court in People v. Luttenberger, 784 P.2d …
Article • March 15, 2021 • from CLN April, 2021
Faulty Forensics and Wrongful Convictions by Matthew Clarke by Matt Clarke Faulty forensics play a major role in causing known wrongful convictions in the United States. Just how big of a role the application of science to justice plays in sending the innocent to prison depends upon your definition of …
Article • March 15, 2021 • from CLN April, 2021
Pennsylvania Supreme Court: Officer Testified as Expert on Child Sexual Abuse Without First Being Qualified and 42 Pa.C.S. § 5920 Overruled Dunkle by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania held that a police officer testified as an expert without first being qualified by the court at …
Article • February 15, 2021 • from CLN March, 2021
Ohio Supreme Court: Jury Must Find Use of Force, Not Sentencing Court, for Mandatory Minimum Sentences by Anthony Accurso by Anthony Accurso The Supreme Court of Ohio held that a determination as to whether a defendant used force in the commission of the offense – a finding which raises the …
Article • February 15, 2021 • from CLN March, 2021
SCOTUS: RFRA’s ‘Appropriate Damages’ Includes Monetary Awards by Douglas Ankney by Douglas Ankney A unanimous Supreme Court of the United States (“SCOTUS”) held that the express remedies provision of the Religious Freedom Restoration Act of 1993, 42 U.S.C. 2000bb et seq. (“RFRA”), permits litigants, when appropriate, to obtain money damages …
Article • February 15, 2021 • from CLN March, 2021
San Francisco Forensic Analyst’s Arrest on Drug Charges Exposes Flawed Lab by Derek Gilna by Derek Gilna Hundreds of innocent people may have gone to jail based on potentially flawed or falsified test results by San Francisco Office of Chief Medical Examiner (“OCME”) forensic analyst Justin Volk. This alleged misconduct …
Third Circuit: IAC Where Counsel Failed to Object to Accomplice-Liability Jury Instruction in Murder Case That Relieved State of Proving Specific Intent by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Third Circuit held that defense counsel provided ineffective assistance of counsel (“IAC”) for failing to …
Article • January 15, 2021 • from CLN February, 2021
Athlete Settles Tasing Suit Against Milwaukee Police by Edward Lyon by Ed Lyon A 2018 lawsuit by Milwaukee Bucks player Sterling Brown filed against the city of Milwaukee alleging police used excessive force ended with a $750,000 settlement. Milwaukee city attorney Tearman Spencer and assistant city attorney Robin A. Pederson …
Article • January 15, 2021 • from CLN February, 2021
Federal Habeas Corpus: Retroactivity of New Rules by Dale Chappell by Dale Chappell Wouldn’t it be nice if the U.S. Supreme Court actually said when its decision constitutes a new rule and whether it applies retroactively? If only things were so easy. I remember the first time I heard a …
Article • January 15, 2021 • from CLN February, 2021
California Court of Appeal: Confrontation Clause Violation Where Supervisor, Not Lab Tech Who Performed Drug Tests, Testified at Trial by Anthony Accurso by Anthony Accurso The Court of Appeal of California, Fourth Appellate District, ruled that a defendant’s right to confront his accuser under the Six Amendment to the U.S. …
Article • January 15, 2021 • from CLN February, 2021
Filed under: junk science
Audit of D.C. Forensics Lab Reveals History of Botched Forensic Analyses by Casey Bastian by Casey Bastian The District of Columbia Department of Forensic Sciences (“DFS”) is a $220 million facility built in 2012. Its construction was highly lauded and was expected to effectively process crime scene evidence. DFS is …
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