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Article • June 15, 2020 • from CLN July, 2020
COVID-19 Causing Some Pretrial Detainees to Spend More Time in Jail by Douglas Ankney by Douglas Ankney In New York, persons accused of felonies are brought before a judge who decides whether to impose bail. Then prosecutors must present the evidence before a grand jury within six days and obtain …
Article • June 15, 2020 • from CLN July, 2020
Filed under: News in Brief
News in Brief by California: The death of David Glen Ward of Petaluma was declared a homicide by the Marin County coroner in May 2020, followed by a lawsuit from David’s mother, Ernestine Ward, alleging wrongful death, excessive force and negligent supervision by Sonoma County sheriff’s deputies. Leading up to …
Article • June 15, 2020 • from CLN July, 2020
California Supreme Court Announces Sentencing Law Changes Apply Until Revocation Sentence Becomes Final by Anthony Accurso by Anthony Accurso The Supreme Court of California announced an extension of its prior rule of when to allow application of an amended sentencing statute, such that it may be applied to a defendant’s …
Article • June 15, 2020 • from CLN July, 2020
NY Court of Appeals: Right to Review Suppression Decision When Decision Relates Solely to a Count Satisfied by Plea but Isn’t Count to Which Defendant Pled by Douglas Ankney by Douglas Ankney The Court of Appeals of New York held that N.Y. Crim. Proc. Law (“CPL”) 710.70(2) grants a defendant …
Article • June 15, 2020 • from CLN July, 2020
Report: Cops Ill-Equipped to Handle Mental Illness Crisis in Hospitals by Edward Lyon by Ed Lyon  The U.S. Department of Labor ranks hospitals as one of the most dangerous workplaces for a person to work. It seems that hospitals are even more dangerous a venue for a mentally ill person …
Article • June 15, 2020 • from CLN July, 2020
Police Violence Detrimental to Public Health by Douglas Ankney by Douglas Ankney The 25,000-member American Public Health Association (“APHA”) issued a statement addressing police violence that begins: “Law enforcement violence is a critical public health issue.” And in what could be termed a “typical case in support,” Joseph Goldstein of …
Article • June 15, 2020 • from CLN July, 2020
Minnesota Supreme Court: Hotel Guests Have Reasonable Expectation of Privacy in Registry Information by Douglas Ankney by Douglas Ankney In a case of first impression in the Supreme Court of Minnesota, the Court held that hotel guests have a reasonable expectation of privacy in the sensitive location information found in …
North Carolina Supreme Court: Giving Finger to Police Not Disorderly Conduct Justifying Traffic Stop by Dale Chappell by Dale Chappell A unanimous Supreme Court of North Carolina held on May 1, 2020, that waving the middle finger at the police was not disorderly conduct to justify a traffic stop and …
Article • June 15, 2020 • from CLN July, 2020
COVID-19 May Ring in a New Era of High-Tech Private Policing by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Rand Corporation, a prominent think tank known for its ability to forecast future trends, describes a post-COVID-19 era where police departments experience reduced, if not curtailed power, and are rendered nearly …
Article • June 15, 2020 • from CLN July, 2020
Filed under: DNA Testing/Samples
New Technique Separates Mixed DNA Evidence to Tell Suspects from Victims by Dale Chappell by Dale Chappell When 17-year-old Barbara Blatnik was found dead in December 1987, Cleveland police found DNA under her fingernails, but it was a mixture of hers and her killer’s. At the time, DNA techniques couldn’t …
Article • June 15, 2020 • from CLN July, 2020
Filed under: COVID-19, Laser Weapons
Feds Ramp up Purchase of Riot Gear in Wake of COVID-19 Pandemic by Douglas Ankney by Douglas Ankney In preparation for what may aptly be described as “Mad Max Meets COVID-19,” the federal government has submitted “expedited purchase orders” for disposable cuffs, gas masks, ballistic helmets, riot gloves, and other …
Article • June 15, 2020 • from CLN July, 2020
Sixth Circuit Vacates Firearms Possession Conviction; Government Showed Jury Unauthenticated Prejudicial Facebook Video Not Admitted as Evidence by Matthew Clarke by Matt Clarke In March 27, 2020, the U.S. Court of Appeals for the Sixth Circuit vacated a firearms possession conviction from the U.S. District Court for the Northern District …
Article • June 15, 2020 • from CLN July, 2020
Army Veteran Serving Life Without Parole for Taking $9 by Douglas Ankney by Douglas Ankney Willie Simmons became addicted to drugs while in the Army and stationed abroad. In 1982, he was in Alabama and “in need of a quick fix.” Simmons wrestled a man to the ground and took …
Article • June 15, 2020 • from CLN July, 2020
A Nation on the Brink by Christopher Zoukis How the Killing of George Floyd by Police Sparked Nationwide Protests and Calls for Systematic Change by Christopher Zoukis, MBA “If one of us is not free, none of us are free.” – Max Mills and Ayesha Muzaffar, Co-Chairs, Students Against Mass …
Article • June 15, 2020 • from CLN July, 2020
Filed under: Cell-Phones
Office of Homeland Security Circumventing Warrant Requirement by Buying Cellphone Location Data from Marketing Firm by Anthony Accurso by Anthony Accurso The Office of Homeland Security (“OHS”) has been purchasing “anonymized” cellphone location data for use in Customs and Border Protection (“CBP”) investigations, according to information obtained by the Wall …
Article • June 15, 2020 • from CLN July, 2020
Filed under: Editorials
From the Editor by Richard Resch by Richard Resch For virtually every person who’s seen the horrifying video of George Floyd’s final moments, his killing feels qualitatively different than the countless other police killings of unarmed individuals that plague America. True, there have been many others that were captured on …
Article • June 15, 2020 • from CLN July, 2020
Using Location Surveillance to Fight COVID-19 May Chill Free Speech and Association by David Reutter by David M. Reutter As governments act to contain COVID-19, tracing persons who have come in contact with infected persons is at the forefront of the move to contain the disease’s spread. Tracing people via …
Article • June 15, 2020 • from CLN July, 2020
This Is Not a Revolution. It’s a Blueprint for Locking Down the Nation by John W. Whitehead by John W. Whitehead, The Rutherford Institute – Commentary “When it gets down to having to use violence, then you are playing the system’s game. The establishment will irritate you—pull your beard, flick …
Article • June 15, 2020 • from CLN July, 2020
Fourth Circuit Expands Savings Clause of § 2255(e) to Include Later Retroactivity of New Rule by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held on March 4, 2020, that the savings clause of 28 U.S.C. § 2255(e) is available even if based on …
Article • June 15, 2020 • from CLN July, 2020
Seventh Circuit: Defendant’s Statement Given to Pretrial Services Can’t Be Admitted to Impeach Witness at Trial by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Seventh Circuit ruled that it is impermissible to admit a statement made by the defendant …
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