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Article • November 16, 2019 • from CLN December, 2019
Oregon Supreme Court Explains PCR ‘Escape Clause’ Availability for Untimely Filed Petitions by Mark Wilson by Mark Wilson The Oregon Supreme Court held that an untimely post-conviction relief (“PCR”) proceeding may be filed if the legal and factual basis for a claim could not have been accessed, and a reasonable …
Article • November 16, 2019 • from CLN December, 2019
Roadmap for Filing a Second or Successive § 2255 Motion Under Davis by Dale Chappell by Dale Chappell The U.S. Attorney’s Manual passed out to federal prosecutors just after the Antiterrorism and Effective Death Penalty Act (“AEDPA”) was passed in 1996 had an interesting observation: “Under the AEDPA, federal prisoners …
Article • November 16, 2019 • from CLN December, 2019
Law Crazy, Government’s Insatiable Desire to Criminalize All Facets of Life by Edward Lyon by Ed Lyon  As societal standards continue to evolve, devolve, and change for better or worse, legislatures continue to enact laws to prohibit illegal acts and protect people. New technology always opens opportunities for improvement, as …
Article • November 16, 2019 • from CLN December, 2019
Filed under: Informants
Why Juries Need Expert Help Assessing Jailhouse Informants by Alexandra Natapoff Informants are highly motivated to lie. But jurors don’t always have the information or skills to discern the truth. by Alexandra Natapoff, The Appeal, a nonprofit criminal justice news site In February 2010, I was asked to testify as an expert …
Article • November 16, 2019 • from CLN December, 2019
Massachusetts Supreme Court Suppresses Evidence Obtained Following Illegally Prolonged Traffic Stop, Orders New Trial by Douglas Ankney by Douglas Ankney The Supreme Judicial Court vacated the convictions of Paulos Tavares, ruling that the trial court failed to suppress evidence that was obtained as the result of an officer extending a …
Article • November 16, 2019 • from CLN December, 2019
How the Secretive 'Discipline' Process for Federal Prosecutors Buries Misconduct Cases by Brooke Williams, Samata Joshi, Shawn Musgrave by Brooke Williams, Samata Joshi and Shawn Musgrave This October 10, 2019 article is republished with permission from The Intercept, an award-winning nonprofit news organization dedicated to holding the powerful accountable through fearless, adversarial journalism. …
Article • October 19, 2019
Failure to Identify Specific Evidence Sought in Telephone Search Violates Oregon Constitution by Mark Wilson by Mark Wilson The Oregon Court of Appeals held that a warrant to search a criminal defendant’s phone violated the Oregon Constitution because it was insufficiently particular, and therefore invalid. During a traffic stop, police …
Article • October 19, 2019
Oregon Identity Theft Convictions Merge Into Aggravated Identity Theft by Mark Wilson by Mark Wilson  The Oregon Supreme Court held that the Legislature intended that if the state aggregates multiple identity thefts to serve as the basis for an aggravated identity theft, the identity thefts are lesser-included offenses of the …
Article • October 16, 2019
Filed under: News in Brief
News in Brief by Arizona: Fired Arizona state trooper Tremaine Jackson, 43, faces allegations of sex-related crimes – a total of 61 charges, cbsnews.com reports. Several women say he assaulted them during traffic stops or while being cited. While officers were investigating a claim against him in 2018, police identified eight …
Article • October 16, 2019 • from CLN November, 2019
Filed under: junk science
Forensic Science: Reliable and Valid? by Jayson Hawkins by Jayson Hawkins The headlines have become too familiar: DNA shows wrong person imprisoned for decades-old crime.  Over 300 people have been exonerated by DNA evidence, and that number will only continue to rise as more cases are scrutinized. That begs the …
Article • October 16, 2019 • from CLN November, 2019
‘Changes Are a Comin’ by Anthony Accurso by Anthony Accurso It seems like everyone is talking about criminal justice reform these days. Cross-partisan reforms are happening throughout the county as politicians of nearly all stripes seem to have emerged from a lock’em up binge into the next morning hangover of …
Article • October 16, 2019 • from CLN November, 2019
Filed under: Police
Kansas Supreme Court: Expired License Plate Doesn’t Attenuate Evidence from Illegal Seizure by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas ruled that an officer’s discovery of an expired license plate subsequent to an illegal seizure did not attenuate the evidence obtained as a result of the illegal …
Article • October 16, 2019 • from CLN November, 2019
Defendant’s Flight From Police’s Illegal Frisk Doesn’t Render Improperly Obtained Evidence Admissible in Maryland by Anthony Accurso by Anthony Accurso  The Court of Appeals of Maryland held that a defendant’s flight during an illegal stop and frisk did not attenuate the link between the officers’ misconduct and the discovery of …
Article • October 16, 2019 • from CLN November, 2019
Costly Electronic Monitoring Programs Replacing Ineffective Jail Bond Systems by Kevin Bliss by Kevin Bliss America’s troubled bail systems that discriminate against the poor and are proven to be a costly and ineffective means of managing pretrial detainees are being replaced with one just as prejudicial but more burdensome. Cities …
Article • October 16, 2019 • from CLN November, 2019
Ninth Circuit Clarifies When Warrantless Searches of Cellphones at Border Are Reasonable by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit has clarified when warrantless searches of cellphones at the border are reasonable. Customs and Border Patrol (“CBP”) agents discovered nearly 31 pounds of …
Article • October 16, 2019 • from CLN November, 2019
Filed under: junk science
Faulty Science Still Admissible Evidence in Many States by Kevin Bliss by Kevin Bliss More than 40 percent of wrongful convictions are based on faulty forensic science, according to the Innocence Project, which works to help exonerate prisoners it believes have been wrongfully convicted. The nonprofit has been responsible for …
Article • October 16, 2019 • from CLN November, 2019
Big Brother, Big Business, Big Law Enforcement by Edward Lyon by Ed Lyon  The word ring has traditionally been used as a verb to describe what a bell does, whether it is mounted on a steeple or on the wall inside a residence. A product innovation by Amazon converts it …
Article • October 16, 2019 • from CLN November, 2019
Filed under: Appeals
Third Circuit Announces New Rule for Amending § 2255 Motions on Appeal by Dale Chappell by Dale Chappell In a ruling that further divides the circuits on how and when a motion under 28 U.S.C. § 2255 can be amended, the U.S. Court of Appeals for the Third Circuit held …
Article • October 16, 2019 • from CLN November, 2019
Alabama OKs Chemical Castration for Some Sex Offenders by Dale Chappell by Dale Chappell Alabama Gov. Kay Ivey signed into law May 30, 2019, a new law that requires certain categories of sex offenders to undergo chemical castration before they can be released from prison. The new law puts Alabama, …
Article • October 16, 2019 • from CLN November, 2019
Filed under: Sentencing
California Court of Appeal Announces Defendant Convicted of Felony Accessory Is Eligible for Resentencing Under Proposition 64 by Douglas Ankney by Douglas Ankney In a case of first impression, the California Court of Appeal for Division One of the First District announced that a person convicted of felony accessory is …
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