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First Circuit: Sentence Imposed Under 21 U.S.C. § 841(a)(1), (b)(1)(c) Is ‘Covered Offense’ Under § 404 of First Step Act by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit held that a conviction for violation of 21 U.S.C. § 841(a)(1) is a “covered offense” …
Article • June 15, 2020 • from CLN July, 2020
Fifth Circuit Clarifies How ‘Pronouncement Requirement’ Applies to Supervision Conditions by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit clarified how the requirement that a district court pronounce its sentence in the presence of the defendant applies to conditions of supervised release. After Rosie, …
Article • June 15, 2020 • from CLN July, 2020
Plenty of Practice Prevents Poor Police Performance by Edward Lyon by Ed Lyon It is a rare week to pass without a report of an accidental shooting by police. The reason for better than 99 percent of these accidental weapon discharges is the lack of ongoing firearm training after a …
Article • June 15, 2020 • from CLN July, 2020
DNA Database of NYC’s Chief Medical Examiner Plagued with Errors by Douglas Ankney by Douglas Ankney Darrell Harris was arrested for a home burglary that occurred in December 2018. A detective from the New York Police Department (“NYPD”) told Harris his DNA had been recovered from a window of the …
Article • June 15, 2020 • from CLN July, 2020
Filed under: Traffic stop
Pennsylvania Supreme Court: Expired Vehicle Registration Isn’t ‘Breach of the Peace’ Justifying Traffic Stop by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania described the contours of “breach of the peace” and held that operation of a motor vehicle with an expired registration sticker is a traffic violation …
Article • June 15, 2020 • from CLN July, 2020
South Carolina Supreme Court Rejects U.S. Supreme Court’s Shifting of Burden to Defendant to Prove Absence of Exigent Circumstances in DUI Cases by Douglas Ankney by Douglas Ankney The Supreme Court of South Carolina rejected the U.S. Supreme Court’s ruling in Mitchell v. Wisconsin, 139 S. Ct. 2525 (2019), to …
Article • June 15, 2020 • from CLN July, 2020
Report: Risk Assessment Tools not Effective, Especially When not Used by Kevin Bliss by Kevin Bliss Risk assessment tools are not effectively reducing pretrial detention or prejudicial profiling practices in determining bail. In addition, few counties concern themselves with the effectiveness of such programs, not even bothering to monitor their …
Article • June 15, 2020 • from CLN July, 2020
Filed under: Expert Witnesses
Biden Accuser Accused of Inflating Credentials to Qualify as Expert Witness, Calling Convictions into Question by Derek Gilna by Derek Gilna Tara Reade, who has accused presumptive Democratic presidential nominee Joe Biden of sexually assaulting her in 1993 when she worked for him as an aide, now faces accusations that …
Article • June 15, 2020 • from CLN July, 2020
COVID-19 Creates Opportunity for Big Brother in the Sky by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Now that COVID-19 has brought about new public enforcement policies, a dystopian world where government agencies watch our every move may not be as far in the future as we might think. With …
Article • June 15, 2020 • from CLN July, 2020
Filed under: Perjured Testimony
Perjurous New York City Cop Sentenced to a Single Day in Jail by Edward Lyon by Ed Lyon Pedro Barbosa lives in New York City. Michael Bergmann is a former New York City cop who was fired from the force for providing false testimony in court that could have sent …
Article • June 15, 2020 • from CLN July, 2020
Nebraska Supreme Court: Multiple Theft Charges for Stealing Items Belonging to Several People at Same Time and Place Violates Double Jeopardy by Dale Chappell by Dale Chappell In a case of first impression, the Nebraska Supreme Court held on March 13, 2020, that theft from multiple owners “at the same …
Article • June 15, 2020 • from CLN July, 2020
Fourth Circuit: Standalone Rehaif Error Requires Automatic Vacatur of Guilty Plea by David Reutter by David M. Reutter The U.S. Court of Appeals for the Fourth Circuit held that the district court’s failure to give a defendant notice that he belonged to a class of persons prohibited from possessing a …
Article • June 15, 2020 • from CLN July, 2020
Is the Death Penalty Slowly Dying Across the Nation? by Chad Marks by Chad Marks In 1972, the Supreme Court of the United States (“SCOTUS”) in Furman v. Georgia eliminated the death penalty. The Court, in striking down state-sanctioned killing, identified problems such as racism, arbitrary application, and the fact …
Article • June 15, 2020 • from CLN July, 2020
Filed under: Qualified Immunity
Joint State-Federal Task Forces Practice Rogue Justice Under Protection of Qualified Immunity by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Hundreds of rogue joint state-federal task forces—accountable to no one, and acting as units of vigilante justice—continually violate the constitutional rights of individuals while hiding behind the aegis of “qualified …
Article • June 15, 2020 • from CLN July, 2020
Colorado Supreme Court: Requiring Defense to Disclose Exhibits to Prosecution Before Trial Violates Due Process Rights by Dale Chappell by Dale Chappell Ending what had been a “standard case-management practice,” the Supreme Court of Colorado held that a trial court may not order a defendant to turn over his defense …
Iowa Supreme Court Orders Dismissal of Charges that State Brought in Breach of Plea Agreement by Douglas Ankney by Douglas Ankney The Supreme Court of Iowa ordered the dismissal of charges after determining the State breached a plea agreement wherein the State had promised the charges would not be brought. …
Article • June 15, 2020 • from CLN July, 2020
Carpenter Slowly Remaking Fourth Amendment Case Law by Anthony Accurso by Anthony Accurso The U.S. Supreme Court issued a landmark decision in 2018, which has been slowly changing the way courts interpret the Fourth Amendment of the U.S. Constitution in our era of mobile technology — and impacting the day-to-day …
Article • June 15, 2020 • from CLN July, 2020
Justice Office Awards $145 Million in Forensic Science Grants by Anthony Accurso by Anthony Accurso The Office of Justice Programs at the Department of Justice recently announced grants of more than $145 million being awarded through various programs it helps to fund. These grants will cover initiatives centered on forensic …
Article • June 15, 2020 • from CLN July, 2020
California Federal Court Rejects Plea Agreement’s Waiver of Compassionate Release Provision by David Reutter by David M. Reutter The U.S. District Court for the Northern District of California rejected the plea agreement that required the defendant to waive his right to seek compassionate relief unless he exhausted all administrative rights …
Article • June 15, 2020 • from CLN July, 2020
Aggressive NYPD Police Tactics Spreading COVID-19 by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Like a scene out of Will Smith’s movie, Legend, one of the most iconic visual images during the New York City lockdown in the wake of COVID-19 is a photo of a lone policeman on horseback …
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