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Article • December 17, 2019 • from CLN January, 2020
Filed under: Trials
Harmless Error: Explained by Gabe Newland by Gabe Newland, The Appeal This Explainer was produced by The Appeal, a nonprofit criminal justice news site. In our Explainer series, Justice Collaborative lawyers and other legal experts help unpack some of the most complicated issues in the criminal justice system. We break …
Article • December 17, 2019 • from CLN January, 2020
On Remand from Supreme Court, Eleventh Circuit Holds in Specific Circumstances an Ake Violation Constitutes Structural Error by Douglas Ankney by Douglas Ankney On remand from the Supreme Court of the United States (“SCOTUS”), the U.S. Court of Appeals for the Eleventh Circuit held that in the particular facts and …
Article • December 17, 2019 • from CLN January, 2020
Filed under: Attorneys
Refusing to Permit Attorney to Make Offer of Proof Is Abuse of Discretion, Says Indiana Supreme Court by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana held that a superior court abuses its discretion when it refuses to allow an attorney to make an offer of proof when …
Article • December 17, 2019 • from CLN January, 2020
Filed under: DNA Testing/Samples, Police
Police Use of Rapid DNA Machines Unregulated by Jayson Hawkins by Jayson Hawkins For every step that technological advances make on the march of progress, so too are pathways opened to abuse. The current rush among law enforcement agencies to acquire “Rapid DNA” machines has thus raised red flags. These …
Article • December 17, 2019 • from CLN January, 2020
Filed under: Witnesses
Tenth Circuit Holds Davis Retroactive, Retaliation Against a Witness Not Crime of Violence Under § 924(c) by Dale Chappell by Dale Chappell In a lengthy opinion addressing two issues of first impression in the circuit, the U.S. Court of Appeals for the Tenth Circuit held that United States v. Davis, …
Article • December 17, 2019 • from CLN January, 2020
Perils of Risk Assessment Tools in Criminal Justice by Jayson Hawkins by Jayson Hawkins Risk assessment tools have frequently been mentioned as useful aids in the push toward criminal justice reform, yet little research has been done concerning their accuracy, validity, or effectiveness in this area. In response to legislation …
Article • December 17, 2019 • from CLN January, 2020
If It Saves More Than One Child by Sandy Rozek by Sandy Rozek, NARSOL Across America this Halloween, and in the weeks preceding it, massive campaigns were under way to protect children from persons on sexual offense registries. Efforts ranged from “house arrest” jail detention for those on parole or …
Article • December 17, 2019 • from CLN January, 2020
Filed under: Sentencing
U.S. District Court Holds Hobbs Act Robbery not Crime of Violence for § 924(c), Grants § 2255 Motion by Dale Chappell by Dale Chappell The U.S. District Court for the Northern District of California granted a motion under 28 U.S.C. § 2255, holding that substantive Hobbs Act robbery is not …
Article • December 17, 2019 • from CLN January, 2020
From the Editors by It’s fundraising season once again. If you have not already done so, please donate to our annual fundraiser to help the Human Rights Defense Center continue its advocacy work, cutting-edge journalism, and litigation on behalf of prisoners and their families. We do not just need the …
Article • December 17, 2019 • from CLN January, 2020
Fourth Circuit: Ineffective Assistance of Counsel in Death Penalty Case for Failure to Investigate Fetal Alcohol Syndrome as Mitigating Factor During Sentencing Phase by Chad Marks by Chad Marks The U.S. Court of Appeals for the Fourth Circuit affirmed a district court’s finding that counsel in a capital case was …
Article • December 17, 2019 • from CLN January, 2020
Filed under: Juries, Witnesses
Hawai’i Supreme Court Announces New Rule Requiring Both Judges and Juries to Consider Numerous Factors in Witness ID Cases by Dale Chappell by Dale Chappell The Supreme Court of Hawai’i held on October 1, 2019, that when a judge assesses the admissibility of an eyewitness’ identification of a defendant, not …
Article • December 17, 2019 • from CLN January, 2020
Filed under: Police
Insurance Companies Are Paying Cops To Investigate Their Own Customers by Kendall Taggart A cozy alliance between insurers and law enforcement has turned the justice system into the industry’s hired gun and left innocent customers facing prison. by Kendall Taggart, BuzzFeed News Reporter, August 15, 2019 When police showed up …
Article • December 9, 2019
Suits Demand Cops be Held Accountable for Thousands of Rape Test Kits Sitting Untested by Kevin Bliss by Kevin Bliss More and more women across the nation are filing suit against law enforcement for the backlog of untested rape kits they carry, claiming this is a violation of the Equal …
Article • December 1, 2019
Retroactive Oregon Judicial Decisions Do Not Violate Ex Post Facto Prohibitions or Due Process by Mark Wilson by Mark Wilson The Oregon Court of Appeals held that the retroactive application of a new judicial decision allowing imposition of a harsher sentence after a successful appeal does not violate state or …
Article • December 1, 2019
Filed under: Attorneys, Trials
‘Awful’ Oregon Closing Argument Constitutes Ineffective Assistance of Trial Counsel by Mark Wilson by Mark Wilson The Oregon Court of Appeals held that a criminal defense attorney’s closing argument was so deficient to constitute ineffective assistance of counsel. Police searched a large Albany, Oregon, property after receiving a tip that …
Article • December 1, 2019
Misadvice About Oregon Time-Served Credit is Ineffective Assistance of Counsel by Mark Wilson by Mark Wilson  The Oregon Court of Appeals held that misinformation during plea negotiations about time-served credit constitutes ineffective assistance of trial counsel. On September 9, 2011, the State of Oregon charged Omteme Moni Blayas Sanders with …
Article • December 1, 2019
Oregon Court of Appeals: Entering iPhone Passcode is Testimonial Act; Can Be Compelled if State Establishes Defendant’s Knowledge of Passcode is ‘Foregone Conclusion’ by Mark Wilson by Mark Wilson In a case of first impression, the Oregon Court of Appeals held that entering a passcode into a smartphone is testimonial …
Article • December 1, 2019
Filed under: Court Appearances
Oregon Release Agreement Did Not Require Personal Appearance; FTA Conviction Reversed by Mark Wilson by Mark Wilson The Oregon Court of Appeals reversed a first-degree failure to appear conviction, finding that the release agreement allowed for an appearance through counsel rather than personal appearance. Zachary Michael Lobue was detained in …
Article • November 23, 2019
Filed under: Police
NYPD Creating Petty Crimes to Lock People Up by Dale Chappell by Dale Chappell What would you do if you found an “abandoned” bag containing valuables and cash? Would you pick it up? Back in 2006, at least 220 people did just that and found themselves arrested on charges of …
Article • November 20, 2019
Unlike Emoticons, Human Emotions Are Difficult to Interpret by Edward Lyon by Ed Lyon Humans communicate in many ways. Although speech is our primary mode, many non-verbal cues assist in getting one’s message across. Folded arms, crossing then uncrossing one’s legs, yawns, and eye rolling all augment verbal speech. A …
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