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Kansas Supreme Court Announces Complete and Wrongful Denial of Defendant’s Constitutional Right to Testify Constitutes ‘Structural Error’ and Reverses Convictions Where Defendant Removed From Stand and Entire Testimony Stricken by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas held that the complete and wrongful denial of criminal defendant John …
Article • October 1, 2024 • from CLN October, 2024
Sixth Circuit Strikes Retroactive Application of Parts of Tennessee’s Sweeping Sex Offender Registration, Verification, and Tracking Law by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Sixth Circuit overturned a ruling by the U.S. District Court for the Middle District of Tennessee, enjoining enforcement of Tennessee’s …
Article • October 1, 2024 • from CLN October, 2024
Filed under: Background Evidence
Systemic Failures in Background Check Reporting Is Ruining Lives and Costing Billions of Dollars by Anthony Accurso by Anthony W. Accurso Concerns about the accuracy of criminal background check reports led two researchers to study this issue, and the results undermined commonly held beliefs about the reliability of such reports …
Article • October 1, 2024 • from CLN October, 2024
Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant by David Reutter by David M. Reutter The Supreme Court of Ohio held that a defendant need not “intend to harm or kill another person to be entitled to a self-defense jury instruction.” The …
Federal Judges Closing Loophole That Permits Government to Conduct Warrantless Searches of Cellphones at Border by Douglas Ankney by Douglas Ankney In a series of rulings from federal judges, the loophole allowing government agents from Customs and Border Patrol (“CBP”) to search cellphones without a warrant is closing. According to …
Article • October 1, 2024 • from CLN October, 2024
Cops Want to Use DNA for Facial Recognition by Michael Thompson by Michael Dean Thompson Provide a DNA sample, and Parabon NanoLabs’ tech will generate a projected 3D image of a suspect’s face. The process takes advantage of AI trained on the DNA and 3D facial scans of thousands of …
Article • October 1, 2024 • from CLN October, 2024
Study Finds That Black Americans Want Both Police Presence and Reform: Looking Beyond the Headlines by Jo Ellen Nott by Jo Ellen Nott A new study, “On the Robustness of Black Americans’ Support for the Police: Evidence from a National Experiment” published in the May-June 2024 issue of the Journal …
Article • October 1, 2024 • from CLN October, 2024
U.S. Sentencing Commission Publishes Data Report on Compassionate Release in FY 2023 by Matthew Clarke by Matthew Thomas Clarke In June 2024, the U.S. Sentencing Commission released a data report on release for “extraordinary and compelling reasons” under 18 U.S.C. § 3582(c)(1)(A), also known as compassionate release (“CR”). The courts have …
Article • October 1, 2024 • from CLN October, 2024
New Research Method Leads to Better Touch DNA Recovery and Development of Genetic Profiles by Douglas Ankney by Douglas Ankney Touch DNA—“the invisible biological traces deposited through a person’s skin’s contact with an object or other person”—can be found at crime scenes, but detection presents a challenge for officers attempting …
Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release by Dale Chappell by Dale Chappell F ederal courts have increasingly rejected the government’s argument that the U.S. Sentencing Commission lacked authority in implementing U.S. Sentencing Guidelines (“USSG”) § 1B1.13(b)(6). This provision, effective as of November 2023, …
Third Circuit District Court Erred by Failing to Consider Mitigating Evidence Under § 3553(a) Because It Mistakenly Believed Such Grounds Already Taken Into Consideration Based on Safety-Valve, Minor Role, and Acceptance of Responsibility Departures in by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Third Circuit …
Fourth Circuit Vacates Order Denying § 2254 Motion, Remands for Evidentiary Hearing on Whether Counsel’s Failure to Object to Duplicative Drug Conspiracy Counts in Violation of Double Jeopardy Clause Was Strategic by Matthew Clarke by Matthew Thomas Clarke The U.S. Court of Appeals for the Fourth Circuit vacated the U.S. …
Rhode Island Supreme Court Holds Temporal Requirement of ‘Recent Fabrication’ Exception to Hearsay Rule Not Satisfied and Scribbled Note Made by Child Victim of Sexual Abuse Years After Alleged Events Not ‘Excited Utterance’ by Matthew Clarke by Matthew Thomas Clarke The Supreme Court of Rhode Island held that an alleged …
Louisiana Becomes First State in Nation to Allow Judges to Order Surgical Castration for Sex Offenders by Jo Ellen Nott by Jo Ellen Nott In a controversial move among its “get tough on crime” measures advanced in the February special legislative session, Louisiana became the first state to permit surgical …
Virginia Supreme Court Announces Parties Are Free to Renegotiate Plea Agreement Not Already Accepted by Trial Court, Which May Not Enforce Original Plea Against Parties’ Wishes by Sam Rutherford by Sam Rutherford The Supreme Court of Virginia held that a trial court erred by enforcing a plea agreement after the …
Ninth Circuit Clarifies ‘Implicit Breach’ Case Law Regarding When Government Breaches Plea Agreement by Responding to Defendant’s Request for Downward Variant Sentence by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit, sitting en banc, clarified when the Government breaches its promise in a plea …
Article • September 1, 2024 • from CLN September, 2024
DNA Databases, Privacy Concerns, and Noble Cause Bias by Michael Thompson by Michael Dean Thompson Networked Privacy and DNA Dana Boyd who was one of the first to describe the idea of Networked Privacy has pointed out that choice is not really individual in the network. That is, the choices …
Article • September 1, 2024 • from CLN September, 2024
Filed under: News in Brief
News in Brief by Arizona: On June 29, 2024, the Tempe police department posted a Facebook message regarding an award that two of its officers had just received. “Congratulations to Officer Zachary Hyde and Officer Gavin Young. Last night both received the Hero Award at the 35th annual Mothers Against …
Article • September 1, 2024 • from CLN September, 2024
Investigation Reveals That Almost 90% of Discipline Records Temporarily Disappeared From Officer Tracking System Used by the NYPD by Jo Ellen Nott by Jo Ellen Nott A ProPublica investigation published in May 2024 has uncovered significant reliability issues with the New York Police Department’s (“NYPD”) public database for tracking officer …
First Circuit Announces Doctrine of Abatement Ab Initio Applies When Defendant Dies During Pendency of Direct Appeal in Published Precedential Ruling by Douglas Ankney by Douglas Ankney In a published precedential ruling, the U.S. Court of Appeals for the First Circuit adopted the doctrine of abatement ab initio for when …
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