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Article • January 21, 2020 • from CLN February, 2020
New York Criminal Record-Sealing Program Revisited by Edward Lyon by Ed Lyon Criminal Legal News first reported on a 2017 law passed by the New York State Legislature that allows citizens to have certain criminal records sealed in its January 2019 issue (p.38-39). Former prisoners could have up to two …
Article • January 21, 2020 • from CLN February, 2020
Filed under: Self Incrimination
In Case of First Impression, Pennsylvania Supreme Court Holds Compelling Suspect to Disclose Computer Password Is Testimonial in Nature and Violates Fifth Amendment’s Privilege Against Self Incrimination by Douglas Ankney By Douglas Ankney In a case of first impression, the Supreme Court of Pennsylvania held that compelling a suspect to …
Article • January 21, 2020 • from CLN February, 2020
Filed under: Wrongful Conviction
Thousands of Convictions Questioned; Prisoners Released Show Why Law Enforcement Technology Must Be Tested by Third Parties by Dale Chappell by Dale Chappell Denmark recently released dozens of prisoners after more than 10,000 convictions based on evidence derived from faulty software put people in prison for crimes they didn’t commit. …
Article • January 21, 2020 • from CLN February, 2020
Washington Supreme Court Announces Rules for Trial Courts When Implicit Racial Bias Alleged in Jury Decision by Douglas Ankney by Douglas Ankney The Supreme Court of Washington announced procedural rules for trial courts to follow when a post-verdict motion for new trial alleges implicit racial bias of a juror or …
Article • January 21, 2020 • from CLN February, 2020
To Compute, or Not to Compute: Algorithm-Driven AI in the Criminal Justice System by Edward Lyon by Ed Lyon A computer-era dictum states, “To err is human but to really foul things up requires a computer.” There is no place like the criminal injustice system and its growing dependence on …
Article • January 21, 2020 • from CLN February, 2020
Filed under: Habeas Corpus
Ninth Circuit Holds Evidence from Martinez Hearing Can Be Considered in Granting Habeas Relief, Despite Bar Against Evidentiary Hearings on Facts Not Raised Below by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Ninth Circuit held on November 29, 2019, that evidence obtained by the district …
Article • January 21, 2020 • from CLN February, 2020
Indiana Supreme Court Announces Analytical Framework When Determining Whether Punitive In Rem Forfeiture Violates Excessive Fines Clause by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana announced the analytical framework for courts to use when determining whether a punitive in rem forfeiture violates the Excessive Fines Clause of …
Article • January 21, 2020 • from CLN February, 2020
Filed under: Shootings, Police
Hundreds of Cop Shootings Yearly in Arizona by Edward Lyon by Ed Lyon Arizona is known for the antics of former Maricopa County Sheriff Joseph Arpaio. A hard-liner on crime, Arpaio was constantly harsh on prisoners, often to an unconstitutional extent. An alarming, statistically backed report compiled by the Arizona …
Article • January 20, 2020 • from CLN February, 2020
Filed under: Attorneys
Federal District Court Grants § 2255 Motion, Finds IAC for Failure to Object to Government’s ‘Misstatement of Law’ During Trial by Dale Chappell by Dale Chappell The U.S. District Court for the District of Kansas granted a motion to vacate a conviction under 28 U.S.C. § 2255 on October 22, …
Article • January 19, 2020 • from CLN February, 2020
Filed under: Search warrants
California Supreme Court Overturns Its Warrantless Identification Search Precedent by Dale Chappell by Dale Chappell The Supreme Court of California overturned its previous ruling that had allowed police to search a person’s vehicle for identification as an exception to the warrant requirement under the Fourth Amendment. The case came before …
Article • January 19, 2020 • from CLN February, 2020
Filed under: Ex Post Facto
First Circuit: Application of Subsequent Guidelines Manual to a Prior, Ungrouped Offense Violates Ex Post Facto Clause by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit held that a district court violated the Ex Post Facto Clause when it applied the 2016 Guidelines Sentencing …
Article • January 19, 2020 • from CLN February, 2020
Nullify Government Tyranny: In 2020, Harness the Power of Your Discontent by John W. Whitehead by John W. Whitehead, The Rutherford Institute – Commentary “The people have the power, all we have to do is awaken that power in the people. The people are unaware. They’re not educated to realize …
Article • January 19, 2020 • from CLN February, 2020
Filed under: Parole
Oregon Parole Board Must Explain Reason for Extended Parole Postponement Period by Mark Wilson by Mark Wilson The Court of Appeals of Oregon reversed and remanded the Parole Board’s order deferring prisoner’s parole release date for eight years, ruling that “ORS 144.280(3) requires the [parole] board to issue a final …
Article • January 19, 2020 • from CLN February, 2020
California Supreme Court Holds Confidential Personnel Information of Officers on Internal ‘Brady List’ Can Be Disclosed to Prosecutors by Dale Chappell by Dale Chappell The Supreme Court of California held on August 26, 2019, that a so-called “Brady List” maintained by a law enforcement agency about officers who would have …
Article • January 19, 2020 • from CLN February, 2020
From the Editor by Richard Resch by Richard Resch As regular readers of Criminal Legal News (“CLN”) will notice, we’ve increased the page count from 48 to 56 pages beginning with this issue.  There’s no change in subscription prices, only the number of pages per issue.  This is a permanent …
Article • January 17, 2020 • from CLN February, 2020
Filed under: junk science, Police
Why Are Cops Around the World Using This Outlandish Mind-Reading Tool? by Ken Armstrong, Christian Sheckler The creator of Scientific Content Analysis, or SCAN, says the tool can identify deception. Law enforcement has used his method for decades, even though there’s no reliable science behind it. Even the CIA and …
Article • December 19, 2019 • from CLN January, 2020
Filed under: News in Brief
News in Brief by California: The city of Citrus Heights, California, must pay a $1.2 million settlement in a case of police torture that evolved from a mental health episode in June 2017, blackmainstreet.net reports. That’s when police pinned Stockton resident James Bradford Nelson III, a young shirtless man who …
Article • December 19, 2019 • from CLN January, 2020
National Fingerprint Database Frees Man After 36 Years by Jayson Hawkins by Jayson Hawkins Archie Williams seemed doomed to die in prison. Sentenced to life without parole for a 1982 stabbing and rape, he managed to survive in Louisiana’s Angola as months bled into years, and years pooled into decades. …
Article • December 19, 2019 • from CLN January, 2020
Seventh Circuit Holds Indiana Pointing a Firearm and Intimidation Convictions No Longer Qualify Under ACCA After Johnson by Pat O'Connell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit held on October 18, 2019, that a prior conviction for intimidation in Indiana could not qualify for the …
Article • December 19, 2019 • from CLN January, 2020
Filed under: Forfeiture
Asset Forfeiture Not So Helpful to Crime-Fighting by Edward Lyon by Ed Lyon The two supreme governmental systems in the U.S. are the overall federal government and the lesser, yet still quite powerful 50 state governments. The federal Constitution and its amendments delineate certain powers exclusive to the federal government …
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