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Chicago Police Department Ordered to Release 49 Years of Misconduct Files
Article • April 15, 2020 • from CLN May, 2020
Filed under: Police Misconduct, Freedom of Information Act (FOIA)
Chicago Police Department Ordered to Release 49 Years of Misconduct Files by Matthew Clarke by Matt Clarke On January 10, 2020, a judge in Cook County, Illinois, ordered the Chicago Police Department (“CPD”) to produce by the end of 2020 all misconduct files from 1967 to 2015. Judge Alison Conlon …
Changing Perception, Changing The Law
Article • April 15, 2020 • from CLN May, 2020
Filed under: Sentencing, U.S. Sentencing Guidelines
Changing Perception, Changing The Law by Jean Trounstine What Mass. lawmakers can learn from the battle to end death by incarceration across the country by Jean Trounstine, DigBoston, March 3, 2020 With 2.3 million people behind bars, the United States is the world’s largest jailer. Yet after decades of holding …
California Supreme Court Finds IAC, Vacates Conviction in LAPD Officer’s Murder Case (Again) – 36 Years Later
Article • April 15, 2020 • from CLN May, 2020
Filed under: Habeas Corpus, Ineffective Assistance of Counsel
California Supreme Court Finds IAC, Vacates Conviction in LAPD Officer’s Murder Case (Again) – 36 Years Later by Dale Chappell by Dale Chappell The Supreme Court of California granted habeas corpus relief, vacating a conviction and death sentence in the 1983 murder of Los Angeles Police Officer Paul Verna, after …
Ninth Circuit Opens Door for Savings Clause Relief, Recognizes ‘Actual Innocence’ for Mandatory Career Offender Sentences
Article • April 15, 2020 • from CLN May, 2020
Filed under: U.S. Sentencing Guidelines
Ninth Circuit Opens Door for Savings Clause Relief, Recognizes ‘Actual Innocence’ for Mandatory Career Offender Sentences by Dale Chappell by Dale Chappell Finally answering a question that had been left open in the Circuit, the U.S. Court of Appeals for the Ninth Circuit held on February 24, 2020, that a …
Suspending the Constitution: Police State Uses Crises to Expand Its Lockdown Powers
Article • April 15, 2020 • from CLN May, 2020
Filed under: COVID-19, Police
Suspending the Constitution: Police State Uses Crises to Expand Its Lockdown Powers by John W. Whitehead By John W. Whitehead, The Rutherford Institute, March 24, 2020  “That was when they suspended the Constitution. They said it would be temporary. There wasn’t even any rioting in the streets. People stayed home …
Seventh Circuit: Trial Judge Violated 5th Amendment by Modifying Instructions to Allow Jury to Convict on Offenses Not Charged in Indictment
Article • April 15, 2020 • from CLN May, 2020
Filed under: Sentencing
Seventh Circuit: Trial Judge Violated 5th Amendment by Modifying Instructions to Allow Jury to Convict on Offenses Not Charged in Indictment by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit held that a district court judge violated Ionel Muresanu’s Fifth Amendment right to be …
Attacking the Guilty Plea: The Ineffective Assistance of Counsel Standard
Article • April 15, 2020 • from CLN May, 2020
Filed under: Wrongful Conviction
Attacking the Guilty Plea: The Ineffective Assistance of Counsel Standard by Dale Chappell by Dale Chappell More than 95 percent of state and federal prisoners plead guilty, and most of them do so on the advice of their lawyer. A successful attack on a guilty plea would then depend on …
SCOTUS: ‘Serious Drug Offense’ Under ACCA Is Self-Defining, Match with Equivalent Federal Offense Not Required
Article • April 15, 2020 • from CLN May, 2020
Filed under: Sentencing
SCOTUS: ‘Serious Drug Offense’ Under ACCA Is Self-Defining, Match with Equivalent Federal Offense Not Required by Dale Chappell by Dale Chappell The Supreme Court of the United States held on February 26, 2020, that just as the elements clause of the Armed Career Criminal Act (“ACCA”) statute provides the criteria …
SCOTUS: Advocating for Shorter Sentence Sufficient to Preserve Claim that Sentence Imposed Greater Than Necessary to Comply With 18 U.S.C. § 3553(a)
Article • April 15, 2020 • from CLN May, 2020
Filed under: U.S. Sentencing Guidelines
SCOTUS: Advocating for Shorter Sentence Sufficient to Preserve Claim that Sentence Imposed Greater Than Necessary to Comply With 18 U.S.C. § 3553(a) by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) ruled that when a defendant argues before the trial court for a sentence shorter …
Kansas Supreme Court Holds Threat of Violence Statute Violates First Amendment to Extent it Criminalizes ‘Reckless’ Conduct
Article • April 15, 2020 • from CLN May, 2020
Filed under: First Amendment, rights
Kansas Supreme Court Holds Threat of Violence Statute Violates First Amendment to Extent it Criminalizes ‘Reckless’ Conduct by Dale Chappell by Dale Chappell The Supreme Court of Kansas held on October 25, 2019, that the statute criminalizing speech determined to be a threat of violence is unconstitutional, at least as …
New York Court of Appeals Orders Resentencing Because Trial Court Relied on Testimony from Improperly Unsealed Record
Article • April 15, 2020 • from CLN May, 2020
Filed under: U.S. Sentencing Guidelines
New York Court of Appeals Orders Resentencing Because Trial Court Relied on Testimony from Improperly Unsealed Record by Douglas Ankney by Douglas Ankney The New York Court of Appeals ordered that the defendant (not identified by name) be resentenced because the trial court had imposed an enhanced sentence based on …
California Court of Appeal: Senate Bill 1437 Abrogates ‘Natural and Probable Consequences Doctrine’ in Attempted Murder Prosecutions and Applies Retroactively to Cases on Appeal
Article • April 15, 2020 • from CLN May, 2020
California Court of Appeal: Senate Bill 1437 Abrogates ‘Natural and Probable Consequences Doctrine’ in Attempted Murder Prosecutions and Applies Retroactively to Cases on Appeal by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Fifth Appellate District, held that Senate Bill 1437 (“SB 1437”) abrogates the “natural and …
News in Brief
Article • April 15, 2020 • from CLN May, 2020
Filed under: News in Brief
News in Brief by Arizona: A sheriff’s deputy who roughed up a 15-year-old quadruple amputee during an arrest at a state-operated group home in September 2019 will not face excessive use of force charges, the Pima County Attorney’s Office announced March 10, 2020. “The teen, in a group home after …
New Fingerprint Test Can Distinguish Whether Person Ingested Cocaine or Only Touched It
Article • April 15, 2020 • from CLN May, 2020
Filed under: Drug Testing
New Fingerprint Test Can Distinguish Whether Person Ingested Cocaine or Only Touched It by Douglas Ankney by Douglas Ankney Forensic researchers from the University of Surrey in southeast England have revealed they can examine fingerprints to determine whether a person has ingested cocaine or merely touched cocaine. In 2017, Melanie …
Wyoming Supreme Court Finds IAC Where Counsel Failed to Challenge Prolonging of Traffic Stop After Citation Completed
Article • April 15, 2020 • from CLN May, 2020
Filed under: Ineffective Assistance of Counsel, Traffic Stops
Wyoming Supreme Court Finds IAC Where Counsel Failed to Challenge Prolonging of Traffic Stop After Citation Completed by Anthony Accurso by Anthony Accurso The Supreme Court of Wyoming held that a defendant’s counsel was ineffective for failing to challenge the extension of the traffic stop that eventually uncovered evidence resulting …
North Carolina Supreme Court Announces Defendant Can Forfeit Right to Counsel by Egregious Misconduct; Trial Court May Forgo Compliance with N.C.G.S. § 15A-1242
Article • April 15, 2020 • from CLN May, 2020
Filed under: Counsel - Right to, Forfeiture of Claim
North Carolina Supreme Court Announces Defendant Can Forfeit Right to Counsel by Egregious Misconduct; Trial Court May Forgo Compliance with N.C.G.S. § 15A-1242 by Douglas Ankney by Douglas Ankney In a case of first impression in the Supreme Court of North Carolina, the Court announced that when a defendant forfeits …
Report: LAPD Engaged in Racial Profiling in Traffic Stops
Article • April 15, 2020 • from CLN May, 2020
Filed under: Racial Profiling, Traffc Stops
Report: LAPD Engaged in Racial Profiling in Traffic Stops by Kevin Bliss by Kevin Bliss The Los Angeles Times used traffic stop data released by the Los Angeles Police Department (“LAPD”) under a new California law to calculate racial breakdowns of stops. The newspaper found that blacks and Latinos had …
California Supreme Court: Defendant Doesn’t Forfeit Claim for Failing to Object to Expert’s Testimonial Hearsay at Trial That Occurred Before Sanchez Was Decided
Article • April 15, 2020 • from CLN May, 2020
Filed under: Future Change in the Law, Confrontation Clause
California Supreme Court: Defendant Doesn’t Forfeit Claim for Failing to Object to Expert’s Testimonial Hearsay at Trial That Occurred Before Sanchez Was Decided by Anthony Accurso by Douglas Ankney The Supreme Court of California held that an appellate claim of a confrontation clause violation based on an expert’s testimonial hearsay …
Fingerprint Analysis: High Stakes, Low Qualifications
Article • April 15, 2020 • from CLN May, 2020
Filed under: junk science
Fingerprint Analysis: High Stakes, Low Qualifications by Jayson Hawkins by Jayson Hawkins Forensic science was long considered a foolproof means of analyzing evidence to determine the identity of individuals involved in a crime or their methods of committing it. If the people in the lab applied their technical expertise to …
Big Brother Is ... Tracking You
Article • April 15, 2020 • from CLN May, 2020
Filed under: Police State-Surveillance, Cell Site Location Information ("CSLI")
Big Brother Is ... Tracking You by Douglas Ankney by Douglas Ankney In these Orwellian times, the Detroit Police Department (“DPD”) has obtained a cell-site simulator (“CSS”). It’s a surveillance technology that locates and tracks phones by mimicking cellphone towers. The DPD bought the technology for $622,000 and began using …
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