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Article • May 15, 2020 • from CLN June, 2020
FBI’s Long History of Squelching Political Dissent Under the Guise of National Security by Jayson Hawkins by Jayson Hawkins For nearly a century, one of the most important duties of the FBI has been to act as the primary counterterrorism force on American soil. Unfortunately, throughout that time, the FBI …
Article • May 15, 2020 • from CLN June, 2020
Utah Supreme Court: Dismissal of Second Post-Conviction Petition Improper Where First Petition Voluntarily Withdrawn by Douglas Ankney by Douglas Ankney The Supreme Court of Utah held that there was no previous request for post-conviction relief to support dismissal of a second petition under Utah Code § 78B-9-106(1)(d) of the Post-Conviction …
Article • May 15, 2020 • from CLN June, 2020
No Consequences for Prosecutors’ Bad Behavior by Jayson Hawkins by Jayson Hawkins It is not unheard of that the quest for justice occasionally ends in a mistrial. That the defendant would then be retried six times for the same crime, however, is less of a misfire than it is a …
Article • May 15, 2020 • from CLN June, 2020
Cops in Missouri Exploit Loophole to Seize $2.6 Million from Innocent Citizens by Douglas Ankney by Douglas Ankney According to St. Louis Public Radio, police in Missouri abused a civil asset forfeiture scheme to seize at least $2.6 million from motorists during traffic stops in 2018. St. Charles County cops …
Article • May 15, 2020 • from CLN June, 2020
Filed under: junk science
How Old Is That Fingerprint? by Douglas Ankney by Douglas Ankney While forensic scientists have, for more than a hundred years, been able to opine that a fingerprint came from a particular person, the limitations of science did not permit them to state when the fingerprint was left by that …
Divide and Conquer: New Algorithm Examines Crime-Scene Bullets Segment by Segment by by the National Institute of Standards and Technology, U.S. Department of Commerce On the morning of March 22, 1915, residents of the small town of West Shelby, New York, awoke to a horrific scene. A woman clad only …
Article • May 15, 2020 • from CLN June, 2020
Nevada Supreme Court Rules Bail Determination Requires Due Process and Severs Unconstitutional Language from Bail Statute by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Nevada ruled that bail determinations for pretrial detainees requires due process, announced the procedures to be followed, and …
Article • May 15, 2020 • from CLN June, 2020
Federal Court Overturns Conviction for Person Linked to Former Subway Spokesperson’s Child Porn Case by Dale Chappell by Dale Chappell The U.S. District Court for the Southern District of Indiana overturned the conviction of Russell Taylor, a person linked to Jared Fogle’s child pornography case, finding that Taylor’s counsel failed …
Article • May 15, 2020 • from CLN June, 2020
Study Sheds Light on ‘Recidivism’ and Probation and Parole Violations by Dale Chappell by Dale Chappell While this country has the highest rate of incarceration in the world, with 2.3 million of its residents in prison, it also has the alarmingly high rate of people on probation or parole: 4.5 …
Article • May 15, 2020 • from CLN June, 2020
Utah Residents Can Wind Up in Jail When They Miss Loan Payments by Kevin Bliss by Kevin Bliss Utah residents suffer from the highest payday and auto loan interest rates in the United States. It is one of only six states that does not have an interest-rate cap on such …
Article • May 15, 2020 • from CLN June, 2020
Filed under: Warrantless Searches
California Court of Appeal: Unoccupied Running Vehicle Doesn’t Justify Warrantless Search of Residence by Douglas Ankney by Douglas Ankney Division One of the Fourth Appellate District of the California Court of Appeal ruled that an unoccupied vehicle left running in a driveway satisfied neither the “emergency aid exception” nor the …
Article • May 15, 2020 • from CLN June, 2020
Filed under: junk science
Interpreting Emojis as Court Evidence by Anthony Accurso by Anthony Accurso Emojis on cellphones and other digital devices have advanced their popularity as a way to express emotion. It should be no surprise then that their ubiquity has brought them into court cases. However, the accepted meanings of the emojis …
Article • May 15, 2020 • from CLN June, 2020
LAPD Officers Accused of Entering Names of Innocent People Into Gang Database by Douglas Ankney by Douglas Ankney Officers from an elite division within the Los Angeles Police Department (“LAPD”) are under investigation regarding allegations that they falsified reports and listed some innocent people as gang members. LAPD Police Chief …
Article • May 15, 2020 • from CLN June, 2020
Filed under: No-Knock Warrants
‘No-Knock Raids’ an Increasing Danger to Public Safety by Jayson Hawkins by Jayson Hawkins Julian Betton was in his home minding his own business when the police crashed through his front door. The cops entered without knocking or identifying themselves as law enforcement, and Betton reacted as any citizen would …
Article • May 15, 2020 • from CLN June, 2020
Filed under: Body Frisk
Massachusetts Supreme Judicial Court Clarifies Standards for Exit Order and Patfrisk by Anthony Accurso by Anthony Accurso The Supreme Judicial Court of the Commonwealth of Massachusetts affirmed the suppression of evidence resulting from a patfrisk that was conducted after the defendant had exited his vehicle unprompted by police, and twice …
Article • May 15, 2020 • from CLN June, 2020
Filed under: Exemption 7
A Mass Purge of Misconduct Records by Phoenix, Arizona Police by Bill Barton by Bill Barton Few people realize that Phoenix police regularly “purge” the disciplinary records of police, an Arizona Republic investigation uncovered. And it’s been going on for two decades. The Republic uncovered “more than 600 acts of …
Article • April 15, 2020 • from CLN May, 2020
How to Clear Your Record of Marijuana Charges in Illinois by Dale Chappell by Dale Chappell While Illinois has legalized recreational marijuana and pardoned more than 11,000 people with marijuana cases, removing marijuana charges and convictions from your record may require more leg work from some who don’t qualify under …
Article • April 15, 2020 • from CLN May, 2020
New York Police Department Plays Loose with Freedom of Information Act Laws by Kevin Bliss by Kevin Bliss The New York Police Department (“NYPD”) has a history of denying freedom of public information requests, especially when it concerns surveillance equipment and information gathering technology. Muckrock, an online records request monitoring …
Article • April 15, 2020 • from CLN May, 2020
Filed under: Parole
Could a Second Chance be the Answer? by Kevin Bliss by Kevin Bliss Louisiana has one of the U.S.’s toughest second-degree murder sentencing structures. If convicted, it is an automatic life without parole. The state currently has about 5,000 of its approximately 33,000 prisoners serving life sentences, 51 percent of …
Article • April 15, 2020 • from CLN May, 2020
Wrongfully Convicted NY Man Freed After 24 Years by Jayson Hawkins by Jayson Hawkins There were many times Pablo Fernandez could have given up. Yet after spending over half his life behind bars, he never wavered in maintaining his innocence. ‘‘It was so difficult for me to be in prison …
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