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Article • January 21, 2020 • from CLN February, 2020
First Circuit Vacates Conviction Because Sister had Neither Actual nor Apparent Authority to Consent to Search of Brother’s Bags by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit vacated the conviction of Bryan Moran because his sister, Alysha, had neither actual nor apparent authority …
Article • January 21, 2020 • from CLN February, 2020
South Carolina Supreme Court Grants New Trial Due to Prosecutor’s Prejudicial Closing Remarks by Douglas Ankney by Douglas Ankney The Supreme Court of South Carolina granted a new trial to Oscar Fortune after the Court determined Fortune’s due process rights were violated by prejudicial remarks from the prosecutor during closing …
Article • January 21, 2020 • from CLN February, 2020
Filed under: Attorneys
3d Circuit: Counsel’s Failure to Investigate Drug Properties for Analogous Drug Comparison at Sentencing Constitutes Ineffective Assistance by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit ruled that an attorney’s failure to investigate the properties of methylone after the pre-sentence report (“PSR”) stated the …
Article • January 21, 2020 • from CLN February, 2020
Fourth Circuit Clarifies How to Bring a First Step Act Motion Applying the Fair Sentencing Act by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held on November 20, 2019, that a less familiar provision of 18 U.S.C. § 3582 is the proper vehicle …
Article • January 21, 2020 • from CLN February, 2020
New York Court of Appeals: Police Officers May be Cross-Examined About Acts of Dishonesty Like Any Other Witness by Douglas Ankney by Douglas Ankney The Court of Appeals of New York ruled that police officers may be questioned about prior acts of dishonesty, subject to the trial court’s discretion, just …
Article • January 21, 2020 • from CLN February, 2020
Filed under: Defenses
Georgia Supreme Court Clarifies What a Defendant Must ‘Admit’ Before Raising an Affirmative Defense by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia clarified that a criminal defendant need not “admit” anything — in the sense of acknowledging that any facts alleged in the charges against him are …
Article • January 21, 2020 • from CLN February, 2020
Filed under: Jury Instructions
Colorado Supreme Court Reverses Conviction Because Trial Court Failed to Give No-Adverse-Inference Jury Instruction for Choosing Not to Testify by Douglas Ankney by Douglas Ankney he Supreme Court of Colorado reversed the conviction of Julian Anastacio Deleon because the trial court failed to give a no-adverse-inference instruction to the jury …
Article • January 21, 2020 • from CLN February, 2020
Fifth Circuit Holds Davis Retroactive, Conspiracy Cannot Support 924(c) Convictions by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fifth Circuit held that the U.S. Supreme Court’s recent decision in United States v. Davis, 139 S. Ct. 2319 (2019), declaring another residual clause unconstitutional is retroactive …
Article • January 21, 2020 • from CLN February, 2020
Filed under: HRDC Publications
Book Review: The Habeas Citebook: Prosecutorial Misconduct Is an Invaluable Resource for Challenging Prosecutorial Misconduct by Dale Chappell by Dale Chappell I have to admit that the idea of a citebook in the age of searchable databases was a little lost on me. “Who needs a citebook these days,” I …
Article • January 21, 2020 • from CLN February, 2020
Idaho Supreme Court: Where Police Were Unaware of Probationer’s Fourth Amendment Waiver Until After Unreasonable Search, Waiver Won’t Make Search Reasonable by Douglas Ankney by Douglas Ankney The Supreme Court of Idaho ruled that when police were unaware of a probationer’s Fourth Amendment waiver until after an unreasonable search was …
Article • January 21, 2020 • from CLN February, 2020
Illinois Supreme Court: Statute Banning All Sex Offenders on Probation From Accessing or Using Social Networking Websites Facially Unconstitutional by Douglas Ankney by Douglas Ankney At issue in this case is the constitutionality of 730 ILCS 5/5-6-3(a)(8.9), which imposes as a condition of probation on all sex offenders a complete, …
Article • January 21, 2020 • from CLN February, 2020
Second Circuit Affirms District Court’s Decision Setting Aside Guilty Verdict in a Case of Irreconcilably Inconsistent Verdicts by Douglas Ankney by Douglas Ankney In a case of apparent first impression within the circuit, the U.S. Court of Appeals for the Second Circuit upheld a district court’s decision that set aside …
Article • January 21, 2020 • from CLN February, 2020
Filed under: Defenses, Habeas Corpus
Sixth Circuit: Grant of Habeas on Grounds that State Trial Court Violated Defendant’s Right to Present a Complete Defense by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit affirmed a district court’s conditional grant of a petition for writ of habeas corpus on grounds …
Article • January 21, 2020 • from CLN February, 2020
Filed under: Police
Oregon Supreme Court: Conviction for Interfering with Police Requires Lawful Order by Mark Wilson by Mark Wilson The Supreme Court of Oregon reversed a conviction for interfering with a peace officer, concluding that the officer did not have reasonable suspicion that a crime had been, or was about to be, …
Article • January 21, 2020 • from CLN February, 2020
Filed under: War on Drugs
Montana Supreme Court Holds Automatic 35% Drug Fine Facially Unconstitutional by Dale Chappell by Dale Chappell The Supreme Court of Montana held that the state’s automatic and mandatory fine of 35 percent of the market value of the drugs in a drug-offense conviction is facially unconstitutional, because it doesn’t allow …
Article • January 21, 2020 • from CLN February, 2020
Filed under: Police
Alaska Police Department Run by Former Convicts by Kevin Bliss by Kevin Bliss Stebbins, Alaska, maintains a seven-man police force in 2019 led by Police Chief Sebastian Mike. Every member of the force has been convicted of a crime. Convictions range from trespassing to domestic assault, with the chief a …
Article • January 21, 2020 • from CLN February, 2020
Washington Supreme Court Affirms Warrantless Search of CSLI Data but Holds Convictions for Both First-degree Rape and Felony Murder Predicated on Rape Violate Double Jeopardy by Douglas Ankney by Douglas Ankney The Supreme Court of Washington affirmed the warrantless search of Bisir Bilal Muhammad’s real-time cell-site location information (“CSLI”) based …
Article • January 21, 2020 • from CLN February, 2020
Filed under: Police Misconduct, Police
Hundreds of Dishonest Cops Called as Witnesses by Jayson Hawkins by Jayson Hawkins Little Rock, Arkansas, is a typical American city. When two police officers there pinned down a suspect while a third, David B. Green, beat his face into the ground in 2011, it was not unlike incidents in …
Article • January 21, 2020 • from CLN February, 2020
11th Circuit: General Threat of Harm Inherent in Every Bank Robbery Doesn’t Qualify for ‘Threat-of-Death’ Enhancement by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit ruled that the general threat of harm required in every bank robbery under 18 U.S.C. § 2113(a) does not …
Which Makes Us Safer? Residency Restrictions or Enhanced Rehabilitation for Former Sexual Offenders? by Sandy Rozek by Sandy Rozek, NARSOL Twenty years ago, at age 23, William committed a serious sexual crime for which he spent three years in prison and participated in an intensive treatment program – four hours …
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