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Article • November 1, 2024 • from CLN November, 2024
Filed under: Reasonable Suspicion
California Court of Appeal: Wearing Puffy Jacket on Hot and Humid Night Does Not Constitute Reasonable Suspicion of Criminal Activity by Anthony Accurso by Anthony W. Accurso The Court of Appeal of California, Second District, overturned the denial of a defendant’s suppression motion by ruling that the officers’ show of …
Article • November 1, 2024 • from CLN November, 2024
ICE’s Deadly Force Problem: A Culture of Impunity by Jo Ellen Nott by Jo Ellen Nott To no one’s surprise, Immigration and Customs Enforcement (“ICE”) documents about use of force incidents over the six years from 2015 to 2021 were not readily available to the public. ICE leans heavily on …
Article • November 1, 2024 • from CLN November, 2024
Filed under: Traffic Stops, Terry Stops
Wisconsin Supreme Court: Officer Violated Fourth Amendment by Exceeding Scope of Community Caretaking Function During Traffic Stop by Sam Rutherford by Sam Rutherford The Supreme Court of Wisconsin held that a police officer exceeded the proper bounds of the community caretaking function exception to the Fourth Amendment during the course …
Article • November 1, 2024 • from CLN November, 2024
Filed under: Murder/Felony Murder
Georgia Supreme Court: Discovery of Common Law Wife’s Infidelity Entitled Defendant to Voluntary Manslaughter Instruction in Malice Murder Prosecution by Sam Rutherford by Sam Rutherford The Supreme Court of Georgia held that the trial court erred in refusing to give the jury a lesser included offense instruction of voluntary manslaughter …
Article • November 1, 2024 • from CLN November, 2024
Filed under: Computer Searches
WhatsApp’s Security Team Identifies Vulnerabilities by Michael Thompson by Michael Dean Thompson Metadata is the data that describes data. If you make a phone call, metadata describes that call’s external characteristics: source number, destination number(s), how long the call lasted, etc. Although the metadata does not describe content, it still …
Article • November 1, 2024 • from CLN November, 2024
SCOTUS Clarifies Prejudice Standard Under Strickland for Ineffective Assistance of Counsel Claims at Capital Sentencing by Sam Rutherford by Sam Rutherford The Supreme Court of the United States clarified the governing test for determining whether errors defense counsel made during a capital sentencing hearing resulted in sufficient prejudice to require …
Arizona Supreme Court Allows Third PCR Motion Based on IAC for Erroneous Advice About Parole Eligibility Due to ‘Pervasive Confusion’ Regarding Parole Within Legal Community by Anthony Accurso by Anthony W. Accurso The Supreme Court of Arizona held that a defendant’s third postconviction relief (“PCR”) motion was not untimely, nor …
Article • November 1, 2024 • from CLN November, 2024
Cops Hide Behind Encrypted Radio by Michael Thompson by Michael Dean Thompson The Black Lives Matter (“BLM”) protests ignited changes among law enforcement agencies throughout the country. Text messages from police in 2020 showed they were only enforcing curfews against protestors. Z. Williams, the director of client support and operations …
Article • November 1, 2024 • from CLN November, 2024
University of Maryland Carey Law Pioneers Forensic Defense Clinic by The University of Maryland Francis King Carey School of Law in Baltimore has launched the nation’s first Forensic Defense Clinic designed to equip law students with specialized knowledge in forensic evidence and its role in criminal law. This clinic, led …
Article • November 1, 2024 • from CLN November, 2024
Wisconsin District Attorneys’ Police Brady Lists Often Secret, Incomplete, or Nonexistent by Matthew Clarke by Matt Clarke Wisconsin Watch disclosed that its investigation into Wisconsin District Attorneys’ police Brady lists found that many had no Brady list while others had lists that appeared to be incomplete or refused to disclose …
Article • November 1, 2024 • from CLN November, 2024
Oregon Supreme Court Further Clarifies ‘Guilty Except for Insanity’ Defense by Sam Rutherford by Sam Rutherford The Supreme Court of Oregon clarified the “Guilty Except for Insanity” (“GEI”) defense, holding that the defendant’s mental disease or defect may combine with another condition to cause the lack of capacity to form …
Article • November 1, 2024 • from CLN November, 2024
Chicago PD Continues Racial Profiling While Underreporting Incidents of Traffic Stops by Jo Ellen Nott by Jo Ellen Nott The Chicago Police Department (“CPD”) has sidestepped both legal and constitutional mandates of the last 10 years by shifting its focus from pedestrian to traffic stops, a practice which allows the …
Article • November 1, 2024 • from CLN November, 2024
A New Approach to Drug Testing: Electrochemical Sensors and Raman Spectroscopy by Jo Ellen Nott by Jo Ellen Knott Forensic laboratories screen for drugs using a combination of presumptive and confirmatory tests. The presumptive test indicates the presence or absence of a drug and is usually done in the field …
Article • November 1, 2024 • from CLN November, 2024
Seventh Circuit Holds Sentencing Guidelines Commentary Still Entitled to Deference by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Seventh Circuit held that Application Notes to provisions of the U.S. Sentencing Guidelines Manual are still entitled to deference, even after a Supreme Court case questioned the …
The Rise of Mass Supervision: From Rehabilitative Alternative to Shadow Carceral State by Casey Bastian by Casey J. Bastian Nationwide, on any given day, more people are on probation than in prisons and jails and on parole combined. —The Pew Institute The concept of probation began with one Massachusetts man …
Article • October 1, 2024 • from CLN October, 2024
California Court of Appeal Announces Crime Defendant ‘Was Convicted’ of, Not Crime ‘Could Have Been Convicted’ of Today, Governs Eligibility for Removal From Sex Offender Registry by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Second Appellate District, held that a defendant convicted in 1985 of lewd …
Article • October 1, 2024 • from CLN October, 2024
Filed under: News in Brief
News in Brief by Alabama: Former Centre policeman Michael Kilgore, 40, should have known co-conspirators will bumble any crime. After his co-conspirator went singing to authorities, Kilgore was fired and charged with conspiracy to distribute a controlled substance in May 2023. WRCB reported, that according to the plea agreement, Kilgore …
Article • October 1, 2024 • from CLN October, 2024
Fifth Circuit Announces Geofence Warrants Are Unconstitutional ‘Modern-Day General Warrants’ by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Fifth Circuit held that geofence warrants violate the Fourth Amendment because they constitute a “general warrant.” However, the evidence acquired in the case as a result of …
Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge by Anthony Accurso by Anthony W. Accurso The Supreme Court of Georgia ruled that defense counsel was ineffective for failing to argue that self-defense is a …
Article • October 1, 2024 • from CLN October, 2024
Texas Court of Criminal Appeals: Trial Court Violated Defendant’s ‘Due Process’ Right to Be Present During Zoom Probation Revocation Hearing by Muting Him by Sam Rutherford by Sam Rutherford The Court of Criminal Appeals of Texas, that state’s highest court of review in criminal cases, held that a trial court …
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