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Article • October 15, 2021 • from CLN November, 2021
Massachusetts Supreme Judicial Court Announces Premature Sex Offender Classification of Incarcerated Offender Who Accepted Classification Violates Procedural Due Process by Douglas Ankney by Douglas Ankney  The Supreme Judicial Court (“SJC”) of Massachusetts held that a premature sex offender classification for an incarcerated offender who has waived her right to a …
Tenth Circuit Rejects Qualified Immunity for Prosecutor Alleged to Have Fabricated Evidence, Despite no Previous Case with Materially Similar Facts by Douglas Ankney by Douglas Ankney  The U.S. Court of Appeals for the Tenth Circuit reversed the U.S. District Court for the District of Utah’s decision finding a prosecutor was …
Article • October 15, 2021 • from CLN November, 2021
California Supreme Court: Furnishing Drugs Resulting in Overdose Death Does Not Automatically Trigger Great Bodily Injury Enhancement by Dale Chappell by Dale Chappell The Supreme Court of California held that a conviction by itself for furnishing a controlled substance to someone who subsequently suffers injury from its use is insufficient, …
Article • October 15, 2021 • from CLN November, 2021
Filed under: Grounds For Withdrawal
Hawaii Supreme Court Announces Five-Factor Test in Determining Whether There’s ‘Fair and Just Reason’ to Withdraw Plea by David Reutter by David M. Reutter The Supreme Court of Hawaii held that a trial court abused its discretion in denying a defendant’s motion to withdraw his no contest plea before sentencing. …
Article • October 15, 2021 • from CLN November, 2021
Filed under: Compassionate Release
Seventh Circuit: District Court Erred in Denying Compassionate Release Motion by Limiting ‘Extraordinary and Compelling’ Analysis to USSG § 1B1.13 by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for the Northern District of Illinois must consider relevant …
Article • October 15, 2021 • from CLN November, 2021
Tenth Circuit Announces Adoption of ‘Offense of Conviction Approach’ for Determining Sentence Reduction Under First Step Act § 404(b) by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the District of Colorado erred in relying on the …
Article • October 15, 2021 • from CLN November, 2021
Filed under: Speedy Trial
Kansas Supreme Court Affirms Reversal and Dismissal of Murder Charges Based on Speedy Trial Violation by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas affirmed a judgment of the Court of Appeals (“COA”) that reversed Danny W. Queen’s convictions for intentional second-degree murder; attempted second-degree murder; and attempted …
Article • October 15, 2021 • from CLN November, 2021
Arizona Supreme Court Announces Trial Courts Have Discretion to Deny State’s Request for SVP Screening and Provides Guidance to Courts Exercising That Discretion by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Arizona held that trial courts have discretion to deny a sexually …
Article • October 15, 2021 • from CLN November, 2021
Filed under: Improper Comments
Arizona Supreme Court Clarifies Proper Fundamental Error Review Applicable to Allegation of a Single, Unobjected-to Instance of Prosecutorial Misconduct by Douglas Ankney by Douglas Ankney The Supreme Court of Arizona clarified the error review that is applicable when an appellant alleges a single instance of prosecutorial misconduct and no objection …
Article • October 15, 2021 • from CLN November, 2021
Filed under: junk science
Study: Bloodstain Pattern Analyses Display Alarming Lack of Accuracy by Michael Fortino, Ph.D by Michael Fortino, Ph.D. In the summer of 2000, after discovering his wife and two small children fatally shot in the family’s car inside their garage, former Indiana State Trooper David Camm was arrested and charged with …
SCOTUS Holds Ramos’ Unanimous Jury Requirement Is New Procedural Rule and Announces No New Procedural Rule Applies Retroactively on Federal Collateral Review by Dale Chappell by Dale Chappell The Supreme Court of the United States held that its landmark decision issued on April 20, 2020, in Ramos v. Louisiana, 140 …
Article • October 15, 2021 • from CLN November, 2021
Filed under: Testimonial Statements
Second Circuit: Autopsy Report Is ‘Testimonial’ for Confrontation Clause Purposes, Habeas Relief Granted by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Second Circuit affirmed the grant of habeas corpus relief to a New York state prisoner, finding that his Sixth Amendment right of confrontation was …
Article • October 13, 2021
Federal Judge Lets BLM Protestors’ Suit Against San Jose Police Proceed by A federal class-action lawsuit accusing the San Jose Police Department (“SJPD”) of using excessive force against Black Lives Matter activists during 2020 protests is moving forward after a federal judge refused a motion to dismiss the case on …
Article • October 12, 2021
Filed under: Mental Health
California Cities Launching Alternative Policing Efforts for Mental Health 911 Calls by A year after it was announced in September 2020, a new project is finally getting off the ground in Oakland, California, that will shift some mental health 911 calls from police to civilian responders. Called MACRO—Mobile Assistance Community …
Brief • October 8, 2021
Filed under: Prison Conditions
Stirling v. Hendrix, OR, FCI Sheridan Inspection, Lack of Medical Care, 2021 Case 3:20-cv-00712-SB Document 89-1 Filed 10/08/21 Page 1 of 19 INVESTIGATION REPORT CASE: Stirling v. Hendrix Case No. 3:20-cv-00712-SB ATTORNEY: FPD Lisa Hay INVESTIGATOR: William J. Teesdale, Chief Investigator RE: FCI Sheridan Inspection DATED: September 17, 2021 Background …
Publication • October 8, 2021
Filed under: Prison Conditions
Stirling v. Hendrix, OR, Declaration-Courtney Withycombe, Prison Conditons, 2021 Case 3:20-cv-00712-SB Document 89-2 Filed 10/08/21 Page 1 of 38 Lisa Hay, OSB #980628 Federal Public Defender 101 S.W. Main Street, Suite 1700 Portland, Oregon 97204 Tel: (503) 326-2123 Fax: (503) 326-5524 lisa_hay@fd.org Attorney for Petitioner IN THE UNITED STATES DISTRICT …
Publication • October 8, 2021
Filed under: Prison Conditions
Stirling v. Hendrix, OR, Petitioner's Status Report, Prison Conditions, 2021 Case 3:20-cv-00712-SB Document 89 Filed 10/08/21 Page 1 of 6 Lisa Hay, OSB #980628 Federal Public Defender 101 S.W. Main Street, Suite 1700 Portland, Oregon 97204 Tel: (503) 326-2123 Fax: (503) 326-5524 lisa_hay@fd.org Attorney for Petitioner IN THE UNITED STATES …
Publication • October 8, 2021
Filed under: Prison Conditions
Stirling v. Hendrix, OR, Report, Prison Conditions, 2021 Case 3:20-cv-00712-SB Document 89-3 Filed 10/08/21 Page 1 of 5 FEDERAL PUBLIC DEFENDER DISTRICT OF OREGON LISA C. HAY Federal Public Defender STEPHEN R. SADY Chief Deputy Defender Gerald M. Needham Thomas J. Hester Anthony D. Bornstein Susan Russell Francesca Freccero C. …
Herriges v. County of Macomb, MI, Settlement, Failure to Provide Medical Care, 2021 Case 2:19-cv-12193-DML-EAS ECF No. 182, PageID.5213 Filed 10/07/21 Page 1 of 4 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CAROL HERRIGES, as Personal Representative of the ESTATE OF DIETER HERRIGES-LOVE, deceased, v. Plaintiff, Case …
Brief • October 4, 2021
Filed under: Prison Conditions
Agnew v. NYC Dept of Correction, NY, Petition-Mandamus to Compel, Prison Conditions, 2021 INDEX NO. 813431/2021E FILED: BRONX COUNTY CLERK 10/04/2021 01:10 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/04/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF THE BRONX Matter of JOSEPH AGNEW, ANTHONY GANG, TYRONE GREENE …
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