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Article • April 15, 2020 • from CLN May, 2020
DNA Contamination Threatened Conviction of Innocent Man by Kevin Bliss by Kevin Bliss The NYC Medical Examiner’s office (“ME”) reviewed the DNA analysis procedure in a burglary case that was the only evidence used to charge Darrell Harris with the crime. They found that the DNA sample could have been …
Article • April 15, 2020 • from CLN May, 2020
Georgia Supreme Court Reverses Dismissal of Second State Habeas Petition by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia reversed the Walker County Superior Court’s dismissal of Joseph Samuel Watkins’ second petition for writ of habeas corpus. Watkins was convicted in 2001 of felony murder, and his conviction …
Article • April 15, 2020 • from CLN May, 2020
Filed under: Brady Violations
Sixth Circuit: Cardiologist’s Right to Due Process Violated Where District Court Ordered Government to Not Disclose Third Party’s Expert Evaluation of Medical Care Provided by Him by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit ruled that cardiologist Richard E. Paulus’ Fifth Amendment right …
Article • April 15, 2020 • from CLN May, 2020
En Banc Ninth Circuit Provides Guidance on When Amended Habeas Petition ‘Relates Back’ to Original Claims to Avoid Dismissal as Untimely by Dale Chappell by Dale Chappell Addressing what can often be a confusing issue for many pro se habeas petitioners, the en banc U.S. Court of Appeals for the …
Article • April 15, 2020 • from CLN May, 2020
First Circuit: Home Search Affidavit Failed to Establish Nexus of Crime and Evidence by David Reutter by David Reutter The U.S. Court of Appeals for the First Circuit affirmed the suppression of evidence seized from a suspected drug dealer’s home as fruit of the poisonous tree. Jamal Roman was alleged …
Article • April 15, 2020 • from CLN May, 2020
First Circuit: Securing a Weapon Not Used in Offense Is Not Exigent Circumstance Permitting Warrantless Entry and Search of Suspect’s Home by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the First Circuit reversed a district court’s order denying a defendant’s motion to suppress on the basis …
Article • April 15, 2020 • from CLN May, 2020
Massachusetts Supreme Judicial Court Reverses Murder Conviction Due to Insufficient Evidence by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts reversed Jean Carlos Lopez’s murder conviction because the evidence was insufficient to establish beyond a reasonable doubt that Lopez knowingly participated in the killing with the requisite …
Article • April 15, 2020 • from CLN May, 2020
Second Circuit Holds Denial to Proceed Under Pseudonym by Magistrate Judge Is Immediately Appealable by Dale Chappell by Dale Chappell I n a question of first impression that implicated the Court’s jurisdiction, the U.S. Court of Appeals for the Second Circuit held on February 6, 2020, that a magistrate judge’s …
Article • April 15, 2020 • from CLN May, 2020
Filed under: AEDPA, Periods of Delay
Fifth Circuit Settles In-Circuit Confusion, Holds Implicit Extension of Time to File State Appeal Tolls AEDPA Clock to File Federal Habeas Petition by Dale Chappell by Dale Chappell T he U.S. Court of Appeals for the Fifth Circuit held on February 3, 2020, that when a Louisiana state court grants …
Article • April 15, 2020 • from CLN May, 2020
Pennsylvania Prosecutors Cash in on Low-Level Drug Crimes by Edward Lyon by Ed Lyon State after state is legalizing the use and possession of small amounts of marijuana. Because of the revenues prosecuting low-level drug crimes saps from prosecutors, more and more of them in major jurisdictions are refusing to …
Article • April 15, 2020 • from CLN May, 2020
Former Florida Deputy Jailed for Fabricating Drug Evidence by David Reutter by David M. Reutter A former Florida sheriff’s deputy was charged with 50 counts related to evidence tampering and discrepancies related to drug arrests made during his 11 months with the Martin County Sheriff’s Office. During his tenure as …
Article • April 15, 2020 • from CLN May, 2020
Prosecutors Overrepresented Among Federal Judges by Jayson Hawkins by Jayson Hawkins Imagine your alma mater was about to play its rival in the season’s biggest game. Imagine also that, the day before the game, it was revealed that the majority of the referees were alumni of the other school. Even …
Article • April 15, 2020 • from CLN May, 2020
‘Travel Papers’ and the Pandemic Patriot Act 2.0 by Daisy Luther, The Organic Prepper by Daisy Luther, The Organic Prepper, March 22, 2020 Did you ever think we’d reach the point in the United States where you had to have papers to freely travel from one place to another? It …
FBI ‘Assessing’ Black Americans by Jayson Hawkins by Jayson Hawkins A 2017 leak of FBI documents reveals a classification of domestic terrorism previously unknown to the public — “black identity extremism,” The Intercept reports. Although there have been no violent crimes connected to this category that would justify an official …
Article • April 15, 2020 • from CLN May, 2020
California Supreme Court: Refusing to Testify Insufficient to Constitute Accessory After the Fact by Anthony Accurso by Anthony Accurso The Supreme Court of California held that a defendant with alleged knowledge of a crime cannot be prosecuted under Penal Code § 32 as an accessory after the fact to the …
Article • April 15, 2020 • from CLN May, 2020
Seventh Circuit: Unsupported CI Statements Insufficient to Justify Higher Drug Quantity for Sentencing by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit held on January 28, 2020, that the unsupported statements by confidential informants (“CI”) about drug amounts and transactions outside the direct criminal …
Article • April 15, 2020 • from CLN May, 2020
Filed under: COVID-19
Coronavirus: Will Courts Continue To Operate, Preserving the Rule of Law? by Austin Sarat, Professor of Jurisprudence and Political Science, Amherst College, The Conversation by Austin Sarat, Professor of Jurisprudence and Political Science, Amherst College, The Conversation, March 19, 2020 The coronavirus outbreak is affecting broad swaths of American life, …
Article • April 15, 2020 • from CLN May, 2020
Ninth Circuit: Proposition 47 Creates New, Intervening Judgment to Allow Another Federal Habeas Petition Attacking Entire Case by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Ninth Circuit held on January 30, 2020, that the “reclassification” of a prior conviction as a misdemeanor under Proposition 47 …
Article • April 15, 2020 • from CLN May, 2020
Seventh Circuit Vacates Sentence for Failure to Explain Extreme Departure of Guidelines Range by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Seventh Circuit vacated a defendant’s sentence because the district court failed to explain its reasoning for a 160 percent upward departure on remand where …
Article • April 15, 2020 • from CLN May, 2020
Filed under: Juveniles
Repeat Offenders May Be the Result of Different Brain Composition by Michael Fortino, Ph.D by Michael Fortino, Ph.D. With consideration for the age-old adage, “nurture versus nature,” a recent study suggests that the single common characteristic shared by repeat offenders may be isolated to the structure and composition of the …
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