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Article • November 19, 2019 • from CLN December, 2019
Filed under: News in Brief
News in Brief by California: A district attorney investigation is looking at why police in San Bernardino fatally shot Richard Sanchez, a resident who obeyed police orders during an encounter with law enforcement: He dropped his gun and put his hands up, washingtonpost.com reports October 26, 2019, one year after …
Article • November 19, 2019 • from CLN December, 2019
Filed under: Shootings, Police
$750,000 Settlement for St. Louis County Cops Shooting Dog by Jayson Hawkins by Jayson Hawkins They put me and my son on our knees to watch her die. The officer squatted over her while she was dying with the search warrant, and he said, ‘You know why we’re here?’ and …
Article • November 19, 2019 • from CLN December, 2019
The Two-Edged Sword of DNA Exonerates Another Prisoner by Edward Lyon by Ed Lyon In 1996, 20-year-old Idaho Falls, Idaho, citizen Christopher Tapp was convicted of raping and murdering 18-year-old Angie Dodge. Tapp did not finish high school, so he was no match for educated cops who relentlessly interrogated him …
Article • November 19, 2019 • from CLN December, 2019
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 • November 19, 2019 • from CLN December, 2019
Free Speech Is Sometimes Expensive by Edward Lyon by Ed Lyon Jon Goldsmith of Montgomery County, Iowa, attended a summer festival last year in adjoining Adams County. He witnessed police misconduct there so outrageous he felt he had to make the public aware of it. Unfortunately for him, the police …
Article • November 19, 2019 • from CLN December, 2019
Filed under: Police Searches, Police
New York City Cops Can Always Tell by Just the Smell by Edward Lyon by Ed Lyon As far as marijuana is concerned, the New York City Police Department (“NYPD”) has little need for a canine corps. The city’s two-legged, blue-clad human-type cops seem to have the best olfactory sense …
Man Freed Who Sat in Prison Nearly 30 Years While Prosecutors Withheld Evidence of Innocence by Dale Chappell by Dale Chappell A man who sat in prison for almost 30 years because prosecutors and police withheld evidence that someone else committed the crime was set free July 16, 2019, after …
Article • November 19, 2019 • from CLN December, 2019
Payouts for Police Misconduct Claims Rise While Number of Claims Appear to Fall by Douglas Ankney by Douglas Ankney Municipalities and insurers are spending more in costs and payouts from law enforcement misconduct claims, but it appears that the total number of claims is dropping. The rise in costs may …
Article • November 19, 2019 • from CLN December, 2019
Filed under: Expert Witnesses
Michigan Supreme Court Reverses Criminal Sexual Conduct Convictions in Two Consolidated Cases Due to Improperly Admitted Expert Testimony by Douglas Ankney by Douglas Ankney The Supreme Court of Michigan reversed convictions for criminal sexual conduct in two consolidated cases due to improperly admitted testimony of expert witnesses. Joshua Thorpe was …
Article • November 19, 2019 • from CLN December, 2019
High Bail Amounts Lead to Sharp Increase in Franklin, PA, Jail Population by Dale Chappell by Dale Chappell In Franklin County, Pennsylvania, a rural area with about 154,000 residents, high bail amounts are forcing people who can’t afford to purchase their freedom to plead guilty just to get out of …
Article • November 19, 2019 • from CLN December, 2019
New Law Makes It Harder for California’s Cops to Get Away with Killing People by Douglas Ankney by Douglas Ankney Beginning January 1, 2020, cops in California will be allowed to use deadly force only when the “officer reasonably believes ... that deadly force is necessary to defend against an …
Article • November 19, 2019 • from CLN December, 2019
Not Guilty but Punished Anyway by Douglas Ankney by Douglas Ankney Many people are aware that Pilate found Jesus “not guilty,” but Jesus was sentenced to death anyway. Fortunately, the American system of justice doesn’t permit such outcomes. Or does it? According to reason.com, federal judges can — and often …
Article • November 19, 2019 • from CLN December, 2019
Maryland Court of Appeals Announces Circuit Court Retains Authority to Exercise Its Revisory Power for Up to Five Years After Granting Belated Postconviction Motion by Douglas Ankney by Douglas Ankney In a case of apparent first impression, the Court of Appeals of Maryland announced that a circuit court has authority …
Article • November 19, 2019 • from CLN December, 2019
Filed under: Appeals, Habeas Corpus
Indiana Supreme Court: Postconviction Petition Addressing Only Issues From New Trial, New Sentencing, or New Appeal From Federal Court via Habeas Proceedings Is Not a Second Petition Under State Law by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana held that a postconviction petition that raises only issues …
Article • November 19, 2019 • from CLN December, 2019
Filed under: Sentencing
Ninth Circuit: Federal Sentencing Court Must Hear Defendant Before Determining If Acceptance of Responsibility Reduction Applies by David Reutter by David Reutter The U.S. Court of Appeals for the Ninth Circuit held that a “sentencing court erred by concluding that it could not first hear from the defendant before determining …
Article • November 19, 2019 • from CLN December, 2019
Filed under: Habeas Corpus
Sixth Circuit Grants § 2254 Habeas Relief in Unusual Case of Attorney Failing to Initiate Plea Negotiations by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit reversed the decision of a district court that denied habeas relief. In an unusual ruling, the Sixth Circuit …
Article • November 19, 2019 • from CLN December, 2019
Law Professor Peeks at Prosecutor’s Veiled DNA Database by Douglas Ankney by Douglas Ankney In April 2007, the Orange County (California) District Attorney (“OCDA”) began what has become the largest database of DNA profiles not created by legislative act. Shrouded in secrecy until now, UC Berkeley Law Professor Andrea Roth …
Article • November 19, 2019 • from CLN December, 2019
Fifth Circuit: Practices of Orleans Parish Judges in Collecting Fines and Fees Violates Due Process by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit affirmed the decision of a district court that granted summary judgment to the plaintiffs in a § 1983 suit alleging …
Article • November 19, 2019 • from CLN December, 2019
Seventh Circuit Vacates Conviction and Remands for a Franks Hearing by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit vacated Michael Clark’s conviction and remanded for a hearing pursuant to Franks v. Delaware, 438 U.S. 154 (1978). Investigator Todd Maas is a police officer …
Article • November 19, 2019 • from CLN December, 2019
California Supreme Court Holds Discovery Statute Requiring ‘Good Cause’ Not Applicable When Evidence Held by Court by Dale Chappell by Dale Chappell Must a habeas petitioner in California show “good cause” under the habeas discovery statute to obtain evidence held by the court, just like he must do if the …
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