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Article • March 18, 2020 • from CLN April, 2020
Seventh Circuit Vacates Guilty Pleas Based on Misinformation of Mandatory Minimum by David M. Reutter by David M. Reutter The U.S. Court of Appeals for the Seventh Circuit vacated the sentences imposed via plea agreements of two defendants due to errors regarding the mandatory minimum sentences they would have faced. …
Article • March 18, 2020 • from CLN April, 2020
More Trainings Are Not the Answer to Police Violence Against Disabled People by Euree Kim by Euree Kim, reprinted from Truthout The Chicago Police Department (CPD) recently announced it would be hiring an Americans with Disabilities Act (ADA) compliance officer. The ADA compliance officer will be brought on to monitor CPD’s …
Article • March 18, 2020 • from CLN April, 2020
Sixth Circuit Adopts ‘Naked Eye Test’ for Altered Firearm Serial Number Enhancement by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit adopted a “naked eye test” in holding that a firearm’s serial number is not “altered or obliterated” for a sentencing enhancement if a …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Trials
Connecticut Supreme Court Clarifies Standard of Review for Confrontation Clause Claims; Reverses and Remands for a New Trial by Douglas Ankney by Douglas Ankney The Supreme Court of Connecticut clarified the standard of review for claimed violations of the Sixth Amendment’s Confrontation Clause and reversed the judgment of the Appellate …
Article • March 18, 2020 • from CLN April, 2020
Spirited (But Problematic?) Advocacy for Bernie Madoff to Receive Compassionate Relief by Professor Douglas A. Berman by Professor Douglas A. Berman, Sentencing Law and Policy blog (sentencing.typepad.com) The New York Times has this notable new opinion piece authored by Colleen Eren headlined "Let Bernie Madoff, and Many More, Out of Prison: Compassionate …
Article • March 17, 2020 • from CLN April, 2020
Iowa Supreme Court: Officer’s Delay of Traffic Stop to Investigate Other Matters Unconstitutional by David M. Reutter by David M. Reutter The Supreme Court of Iowa reversed a motion court’s denial of a motion to suppress. The Court held a police officer failed to develop a reasonable suspicion of other …
Article • March 17, 2020 • from CLN April, 2020
The Rise of Smart Camera Networks, and Why We Should Ban Them by Michael Kwet by Michael Kwet, The Intercept This January 27, 2020 article is republished with permission from The Intercept, an award-winning nonprofit news organization dedicated to holding the powerful accountable through fearless, adversarial journalism. Sign up for …
Article • February 19, 2020 • from CLN March, 2020
Filed under: News in Brief
News in Brief by Alabama: Limestone County District Judge Douglas Patterson, 37, was arrested in December 2019 after an investigation by the FBI and its law enforcement partners. Patterson, a judge since 2016, was charged in a three-count grand jury indictment for theft, financial exploitation of the elderly and use …
Article • February 19, 2020 • from CLN March, 2020
Filed under: DNA Testing/Samples
Federal Rules Limit Searches of Private DNA Databases by Jayson Hawkins by Jayson Hawkins A new policy instituted by the U.S. Department of Justice (“DOJ”), effective November 1, 2019, is the first federal rule governing the use of family-tree DNA databases by law enforcement. Services that allow individuals to trace …
Article • February 19, 2020 • from CLN March, 2020
Unsurprisingly Lenient Sentence for Rapist Cop by Anthony Accurso by Anthony Accurso A now-former Louisville, Kentucky, Metro Police officer was sentenced to just five years for five rapes and possession of child pornography. The rapes were reduced to misdemeanors, while the latter was a felony conviction. The first victim came …
Article • February 19, 2020 • from CLN March, 2020
Filed under: Release and Reentry
Kim Kardashian Keeps Going, Helps Release D.C. Prisoner by Dale Chappell by Dale Chappell If Kim Kardashian’s efforts to help people get released from prison were just a stunt, as some said, then she’s become a full-time stuntwoman in her own right. This past October, Kardashian helped yet another prisoner …
Article • February 19, 2020 • from CLN March, 2020
Filed under: Bail, Bail Bonds
Court Rulings Condemning Cash Bail Systems Increasing by Edward Lyon by Ed Lyon A historically overlooked, or at least minimized, constitutional guarantee is that excessive bail amounts must not be imposed upon citizens accused of crimes. Cash bails routinely far exceed not only most people’s ability to pay but are …
Article • February 19, 2020 • from CLN March, 2020
Filed under: Police Misconduct, Police
More Crooked Cops in New York City Make the Naughty List by Douglas Ankney by Douglas Ankney In October of 2019, the Bronx District Attorney released a heavily redacted list of 75 cops whose testimony the District Attorney’s office feared would undermine cases. Because many of those cops were proven …
Article • February 19, 2020 • from CLN March, 2020
For the Mentally Ill, Calling 911 Could Prove Deadly by Edward Lyon by Ed Lyon Police responding to 911 calls that involve individuals in a mental health crisis might resort to deadly force rather than exercise restraint and give support, according to a trend identified by The Intercept’s Shaun King. …
Article • February 19, 2020 • from CLN March, 2020
Alabama Sheriff Denied Immunity for False Charges Against Whistleblower by Anthony Accurso by Anthony Accurso An Alabama sheriff was denied immunity for acts taken to extort and silence a whistleblower who exposed her corruption. In Alabama, sheriffs are allowed to receive as personal income any excess funds “left over” after …
Article • February 19, 2020 • from CLN March, 2020
Filed under: Police Misconduct, Police
Police Still Have Access to Records That Are Supposedly Sealed, Suit Alleges by Bill Barton by Bill Barton According to a recent Collateral Consequences Resource Center report, “While police in 12 states are prevented by law from accessing records of arrests that did not result in a conviction, officers in …
Article • February 19, 2020 • from CLN March, 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 • February 19, 2020 • from CLN March, 2020
Filed under: Racial Discrimination
White Cop Gets 10 Years for Murder; Black Kid Gets 10 Days for Oversleeping by Douglas Ankney by Douglas Ankney Former white police officer Amber Guyger murdered her black neighbor and was sentenced to 10 years in prison. In contrast, 21-year-old Deandre Somerville, a black college student from Palm Beach …
Article • February 19, 2020 • from CLN March, 2020
DA’s Office Files Bar Complaint on Its Own Former Prosecutor by Anthony Accurso by Anthony Accurso The Santa Fe, New Mexico, District Attorney’s Office submitted a formal complaint to the state’s Bar Association alleging that former prosecutor Jason Lidyard (who is now a district court judge) intentionally withheld exculpatory evidence …
Article • February 19, 2020 • from CLN March, 2020
Tenth Annual NRC Report Magnifies Limits of Forensic Evidence by Bill Barton by Bill Barton Steven Mark Chaney was convicted of a 1987 murder based partially on the testimony of forensic scientists, which linked him to the crime by a bite mark found on the victim’s skin. The court heard …
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