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Article • September 23, 2018 • from CLN October, 2018
11th Circuit Rules Immigration Judges are United States Judges for Purposes of 18 U.S.C. § 115(a)(1)(B) by David Reutter by David Reutter In an issue of first impression nationally, the U.S. Court of Appeals for the Eleventh Circuit held that an immigration judge is a “United States judge” within the …
Article • September 23, 2018 • from CLN October, 2018
NY Court of Appeals Affirms Dismissal of DWI for Improper Breathalyzer Refusal Warning by Dale Chappell by Dale Chappell The Court of Appeals of New York found that a driver’s eventual consent to a breathalyzer test was “coerced” and involuntary after police waited more than two hours to ask him …
Article • September 20, 2018 • from CLN October, 2018
California Court of Appeal Holds Box Cutter Not ‘Inherently’ Deadly Weapon by Dale Chappell by Dale Chappell A box cutter is a type of knife “designed to cut things and not people,” and was therefore not “inherently” a deadly weapon as a matter of law, the Court of Appeal of …
Article • September 20, 2018 • from CLN October, 2018
Eight Death Row Prisoners Opt for Untested Nitrogen Gas Over Inhumane Lethal Injection by Betty Nelander by Betty Nelander A decision by Alabama lawmakers means that death row prisoners in the state could face execution by nitrogen hypoxia instead of barbaric lethal injection. The decision renders moot a lawsuit by …
Article • September 20, 2018 • from CLN October, 2018
Prosecutors Use Their Power to Help Reform Criminal Justice by Prosecutors are using their power to reach beyond the courtroom to reform the country’s prison crisis and usually much more effectively and efficiently than lawmakers could do. Last fall, Philadelphia District Attorney Larry Krasner began working to reverse prosecutorial practices …
Article • September 20, 2018 • from CLN October, 2018
Plainclothes Officers, 6 percent of NYC Police Force, Involved in 31 percent of Fatal Police Shootings by Matthew Clarke by Matt Clarke Recently published information shows that plainclothes officers, who make up about 6 percent of the New York Police Department (“NYPD”), are involved in 31 percent of New York …
Article • September 10, 2018
$1.275 million settlement awarded to sheriff whistleblower who testified in federal obstruction case by Edward Lyon by Ed Lyon  Tara Jan Adams was an exceptional deputy in the Los Angeles County Sheriff’s Department ("LASD"). Striving for a patrol officer’s slot, she began her career in the records division, where it …
Article • August 20, 2018 • from CLN September, 2018
How Coercive Interrogations Can Lead to a False Confession by Brian Leslie by Brian Leslie To discuss coercive interrogation methods, we must first understand the difference between an interrogation and an interview. The primary difference is that an interview is fact-finding, non-accusatory and usually takes place earlier on in an …
Article • August 20, 2018 • from CLN September, 2018
Filed under: Criminal Prosecution
Seventh Circuit: ‘Force’ for Aggravated Sexual Abuse Requires ‘Physical Force,’ Not Psychological Coercion by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit reversed the denial of a prisoner’s § 2255 claim of ineffective assistance of counsel, rendering the prisoner’s conviction on charges of …
Article • August 20, 2018 • from CLN September, 2018
Cato Institute: Require Cops to Carry Liability Insurance by Christopher Zoukis by Christopher Zoukis Clark Neily, vice president for criminal justice at the Cato Institute, made an unusual proposal in a recent op-ed piece in The New York Daily News: require all police officers to carry not just a gun, …
Article • August 20, 2018 • from CLN September, 2018
Eighth Circuit Rules Officer’s Inability to Read Temporary Vehicle Tag Does Not Justify Traffic Stop, Evidence Obtained Must be Suppressed by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Eighth Circuit affirmed a district court’s ruling that evidence obtained during a traffic stop that was …
New York City Decriminalizes Some Public Smoking of Marijuana in Policy Shift by Derek Gilna by Derek Gilna New York City Mayor Bill de Blasio announced that as of September 1, 2018, the New York Police Department will no longer arrest individuals for the public smoking of marijuana in some …
Article • August 20, 2018 • from CLN September, 2018
Texas Courts Rubber Stamp Post-Conviction Fact Findings in Death Penalty Cases, Study Says by Matthew Clarke by Matt Clarke A study by researchers from the University of Texas School of Law Capital Punishment Center published in the Houston Law Review found that in 96 percent of post-conviction proceedings in cases …
Article • August 17, 2018 • from CLN September, 2018
Drug Detection Using Fingerprints in the Works by Matthew Clarke by Matt Clarke According to techdirt.com, scientists at the University of Surrey in the United Kingdom have developed a new forensic technique that, in as little as 30 seconds, analyzes sweat found along the ridges of fingerprints to determine whether …
Article • August 17, 2018 • from CLN September, 2018
Sixth Circuit Reverses Relevant Conduct Firearm Enhancement Because No Connection Between Possession Charges Based on Two Separate Shootouts by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Sixth Circuit reversed a lower court’s ruling that two unrelated instances of gun possession were part of the …
Article • August 17, 2018 • from CLN September, 2018
Kansas Supreme Court: Deadly Weapon-Use Finding Prerequisite to Imposing Violent Offender Registration Requirement by Matthew Clarke by Matt Clarke On April 13, 2018, the Supreme Court of Kansas held that, absent a finding by a trial court that a defendant used a deadly weapon in a person felony, the trial …
Why Sex Offender Registries Keep Growing Even as Sexual Violence Rates Fall by Steven Yoder Lists that include out-of-state visitors are inflating the numbers and keeping fear at a boil. by Steven Yoder, theappeal.org Quentin (not his real name) was convicted eight years ago of child pornography possession in Florida. …
Article • August 17, 2018 • from CLN September, 2018
California Property Owners Billed for Their Own Prosecution by Christopher Zoukis by Christopher Zoukis An investigation by the Desert Sun has uncovered an unusual phenomena in two California communities: The cities are taking property owners accused of public nuisance infractions to criminal court with the help of private prosecutors. The …
Article • August 17, 2018 • from CLN September, 2018
Academic Paper Highlights Need to Tighten Rules for Fingerprint Evidence in Light of False-Positive Error Rate by Steve Horn by Steve Horn A new study published in the UCLA Law Review reveals a potential for rule tightening on the use of fingerprint evidence in the U.S. judiciary. “The Reliable Application …
New York City Gang Database Increases 70 Percent Since 2014 by Derek Gilna by Derek Gilna Concerns are being raised about a 70 percent increase in the New York City Police Department (“NYPD”) gang database revealed in a recent public records request by CUNY School of Law professor Babe Howell. …
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