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Article • June 15, 2020 • from CLN July, 2020
Filed under: Resentencing
California Court of Appeal Explains Procedural Requirements for Vacating Felony-Murder Conviction Via Section 1170.95 Petition by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Sixth Appellate District has explained the procedural requirements for adjudication of petitions filed pursuant to Penal Code § 1170.95. In the middle of …
Article • June 15, 2020 • from CLN July, 2020
Filed under: Theft, GPS Tracking Device
Indiana Supreme Court: Removal of Police’s GPS Tracker on Suspect’s Vehicle Not Probable Cause of Theft, Suppression of Evidence by Anthony Accurso by Anthony Accurso The Supreme Court of Indiana suppressed all evidence resulting from search warrants obtained on the basis that the sheriff’s department concluded a suspect “stole” the …
Article • June 15, 2020 • from CLN July, 2020
Congressmen File Amicus Brief Stressing Congressional Intent That First Step Act’s New Drug Laws Apply at Resentencing by Dale Chappell by Dale Chappell Courts often look to Congress when interpreting the meaning of a law. They look at Congress’ intent behind the law and any statements made by legislators in …
Article • June 15, 2020 • from CLN July, 2020
New Hampshire Supreme Court: Police Violated Miranda in Obtaining First Statement, and State Failed to Prove Second Statement Was Voluntary by Douglas Ankney by Douglas Ankney The Supreme Court of New Hampshire affirmed a superior court’s decision suppressing the initial incriminating statements made by Dominic Carrier because police violated the …
Article • June 15, 2020 • from CLN July, 2020
5-Year Study Shows Police Stop Black Drivers Less Often at Night When ‘Veil of Darkness’ Obscures Race by Douglas Ankney by Douglas Ankney In the largest-ever study of racial profiling by police during traffic stops, Stanford University has shown that Black people are much less likely to be stopped after …
Declassified Court Ruling Details FBI Abuses of Mass Surveillance Data by Anthony Accurso by Anthony Accurso The government declassified a court order from October 2018 that details the FBI’s misuse of its access to mass surveillance data collected in partnership with large tech and communications companies. The order detailed what …
Second Circuit: Three Important Rulings Under First Step Act by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Second Circuit made three important favorable rulings on April 24, 2020, concerning relief under the First Step Act for career offenders, those who get released while their motion …
Article • June 15, 2020 • from CLN July, 2020
Filed under: Drug Laws/Offenses
Marijuana Possession in Virginia Remains Illegal But Is Decriminalized by Douglas Ankney by Douglas Ankney On May 21, 2020, the Commonwealth of Virginia became the 16th state to decriminalize possession of marijuana when Governor Ralph Northam signed Senate Bill 2 and House Bill 972. The law, which becomes effective July …
Article • June 15, 2020 • from CLN July, 2020
Eleventh Circuit Holds Hobbs Act Robbery Doesn’t Trigger Career Offender Enhancement by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eleventh Circuit held on March 24, 2020, that substantive Hobbs Act robbery is “too broad” and doesn’t qualify to require a sentencing enhancement under the career …
Article • May 15, 2020 • from CLN June, 2020
Racism and Wrongful Convictions by Matthew Clarke by Matt Clarke Studies have shown that racial minorities are overrepresented among the known wrongful convictions. But even this simple and easily provable statement runs afoul of several difficulties, including a lack of clear definitions for key terms. The meaning of “race” is …
Article • May 15, 2020 • from CLN June, 2020
Sixth Circuit Grants Habeas Relief After Michigan Court Violates Confrontation Clause by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held on April 7, 2020, that a Michigan court’s violation of a defendant’s right to confront the witness against him in court was not …
Article • May 15, 2020 • from CLN June, 2020
Ninth Circuit: Mental Impairment that Prevented ‘Monitoring’ of Habeas Counsel’s Actions May Require Equitable Tolling by Dale Chappell by Dale Chappell The U.S. Court of Appeals held on March 25, 2020, that a prisoner’s mental impairment that prevented him from “monitoring” his habeas counsel’s actions, which led to the delayed …
Article • May 15, 2020 • from CLN June, 2020
Filed under: Right to Documents
Tenth Circuit Vacates District Court’s Order Sealing Plea Supplement, Explaining Local Court Rule Doesn’t Abrogate Common Law Right of Access to Judicial Records by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit vacated the order of the U.S. District Court for the District of …
Article • May 15, 2020 • from CLN June, 2020
Federal Judge Issues Order Reducing 40-Year Stacked § 924(c) Sentence Based on First Step Act Changes to Compassionate Release by Chad Marks by Chad Marks On a cold February 2003 night, my life was shattered. That is when I was arrested and charged with a crack cocaine conspiracy along with …
Article • May 15, 2020 • from CLN June, 2020
Filed under: junk science
Latest Forensic Technology, Pattern Analysis, May Be ‘Pseudoscience’ by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Television crime dramas and docudramas have, for decades, lulled the public into accepting the infallibility of forensic crime science. However, a groundbreaking study by the National Academy of Sciences (“NAS”) — made up of …
Article • May 15, 2020 • from CLN June, 2020
Filed under: Jurors and Juries
SCOTUS: Jury Verdicts Must Be Unanimous to Convict on Criminal Charges, Overruling Apodaca by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) held that in jury trials of criminal cases the verdict must be unanimous to convict the defendant, overruling Apodaca v. Oregon, 406 U.S. …
Article • May 15, 2020 • from CLN June, 2020
ATF: What Is a Gun? by Jayson Hawkins by Jayson Hawkins Making a decision about what is or is not a “firearm” under the law would seem to be a fairly straightforward process, but recent controversy about the regulations used by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosive …
Article • May 15, 2020 • from CLN June, 2020
Filed under: Murder/Felony Murder
Michigan Supreme Court Announces that Duress May be Asserted as an Affirmative Defense to Felony Murder, Overruling Gimotty and Etheridge by Douglas Ankney by Douglas Ankney In a case of first impression for the Supreme Court of Michigan, the Court announced that the affirmative defense of duress may be asserted …
Article • May 15, 2020 • from CLN June, 2020
Texas Court of Criminal Appeals: Failure to Include ‘Or Others’ in Jury Instruction for Self-Defense Against Multiple Assailants Deprived Defendant of Defense by Dale Chappell by Dale Chappell The Texas Court of Criminal Appeals (“TCCA”) held on February 5, 2020, that the failure to include “or others with him [the …
Article • May 15, 2020 • from CLN June, 2020
Filed under: COVID-19
Virus Vigilantes v. Virus Violators: Shunning, Shaming, or Policing COVID-19 May not Be the Cure by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Crises have a way of bringing out the best as well as the worst in all of us. When driven by fear of the unknown, and in …
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