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Article • October 16, 2019 • from CLN November, 2019
Filed under: DNA Testing/Samples
Connecticut Supreme Court: When Expert’s Testimony Asserts Truth of DNA Profile Prepared by a Different Non-Testifying Expert, Confrontation Clause Is Violated by Douglas Ankney by Douglas Ankney The Supreme Court of Connecticut ruled that when an expert witness testifies to the truthfulness and accuracy of a DNA profile prepared by …
Article • October 16, 2019 • from CLN November, 2019
Ex-Felons’ Rights Expanding to Include Jury Duty by Edward Lyon by Ed Lyon At present, it is believed that close to 20 million U.S. citizens are convicted felons. One of the many rights these citizens lost at conviction was jury service in federal courts. Twenty-seven states prohibit exes from jury …
Article • October 16, 2019 • from CLN November, 2019
Hundreds of Missouri Prisoners May Be Released Under New Sentencing Reform Law by Dale Chappell by Dale Chappell Missouri Governor Mike Parson signed into law in early July reforms to the state’s sentencing and parole laws that may help hundreds of prisoners obtain early release. The new measures allow prisoners …
Article • October 16, 2019 • from CLN November, 2019
U.S. District Court Grants Savings Clause Petition, Vacates Mandatory Life Sentence by Dale Chappell by Dale Chappell After the case had been sitting in the courts for seven years, the U.S. District Court for the Western District of North Carolina granted relief under the “savings clause” of 28 U.S.C. § …
Article • October 16, 2019 • from CLN November, 2019
Filed under: Sentencing
Tenth Circuit: District Court Abused Discretion in Denying § 2255 Petition Without Hearing Where Record Didn’t Conclusively Show Defendant Not Entitled to Relief by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit ruled that a district court abused its discretion when it denied a …
Article • October 16, 2019 • from CLN November, 2019
Filed under: Sentencing
Ninth Circuit: Drug Quantity in PSR Adopted by Sentencing Court not Binding in § 3582(c)(2) Sentence Reduction Proceedings by Michael Berk by Michael Berk The U.S. Court of Appeals for the Ninth Circuit held that a court determining eligibility for a sentence reduction based on an amended Guidelines range is …
Article • October 16, 2019 • from CLN November, 2019
Filed under: Attorneys, Trials
10th Circuit: District Court Must Ensure When Defendant Waives Right to Counsel He Understands He’s Required to Adhere to Federal Procedural and Evidentiary Rules by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit ruled that a district court must ensure that when a criminal …
Article • October 16, 2019 • from CLN November, 2019
Filed under: Searches, Databases
Is Data Mining an Invasion of Privacy? by Kevin Bliss by Kevin Bliss The Northern California Regional Intelligence Center (“NCRIC”) contracted with surveillance and data mining giant Planatir, cofounded by billionaire and PayPal cofounder Peter Thiel, for services in synthesizing information gathered from databases in hospitals, banks, police departments, and …
Article • October 16, 2019 • from CLN November, 2019
Ninth Circuit Rules IAC for Failure to Investigate Mitigating Evidence During Penalty Phase of Capital Trial by Anthony Accurso by Anthony Accurso  The U.S. Court of Appeals for the Ninth Circuit held the California Supreme Court was objectively unreasonable when it denied defendant’s claim that his lawyer provided ineffective assistance …
Article • October 16, 2019 • from CLN November, 2019
Fifth Circuit Vacates § 924 Convictions Based on Davis by Anthony Accurso by Anthony Accurso  The U.S. Court of Appeals for the Fifth Circuit held that the defendants’ convictions under 18 U.S.C. § 924 could not stand because they likely relied on the residual clause of § 924(c) that was …
Article • October 16, 2019 • from CLN November, 2019
Filed under: Police
Safe Interactions Between Police and Citizens by Edward Lyon by Ed Lyon  Human nature being what it is, since the need for an organized law enforcement body arose, police have generally been a necessary evil. Judging from the seemingly countless articles detailing officer misconduct in Prison Legal News and Criminal …
Article • October 16, 2019 • from CLN November, 2019
Filed under: Habeas Corpus, AEDPA
Fifth Circuit Reiterates Diligence Under AEDPA Requires Consideration of Actions Both Before and After Filing of Habeas Petition by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fifth Circuit held on August 2, 2019, that the failure of a state court to notify a petitioner that …
Article • October 16, 2019 • from CLN November, 2019
9th Circuit Says Inadvertently Placing Closed Folding Knife on Teller Counter Not Armed Bank Robbery by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Ninth Circuit held that inadvertently placing a pocket knife on the counter during a robbery did not constitute “use” of a dangerous …
Article • October 16, 2019 • from CLN November, 2019
Oregon Supreme Court Reaffirms ‘Independent Evidence Rule’ for Accomplice Testimony by Mark Wilson by Mark Wilson The Oregon Supreme Court vacated a man’s convictions on multiple crimes that were based almost entirely on the testimony of his accomplices, who had entered into cooperation agreements with the State. The Court affirmed …
Article • October 16, 2019 • from CLN November, 2019
Filed under: Jail Specific
Groundbreaking Connecticut Law Tracks Information on Jailhouse Snitches by In Michael Connelly’s legal thriller The Lincoln Lawyer, the defense attorney uncovers the dishonest history of a jailhouse snitch. In real life, safeguards against false testimony from jailhouse witnesses are few. In Connecticut, there is progress. A new law makes each …
Article • October 16, 2019 • from CLN November, 2019
Fifth Circuit: First Step Act Doesn’t Permit Plenary Resentencing in Retroactive Application of the Fair Sentencing Act by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit ruled that the First Step Act of 2018 (“First Step Act”) does not permit plenary resentencing when the …
Article • October 16, 2019 • from CLN November, 2019
California Court of Appeal Explains Procedures to Determine Appropriate Relief When Conviction Is Vacated Based on People v. Chiu and Senate Bill 1437 by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Third Appellate District, explained the procedures to be followed in determining the appropriate relief when …
Article • October 16, 2019 • from CLN November, 2019
Filed under: Searches, Police Searches
Connecticut Supreme Court Rules 5 Days Past Due on Rent While Incarcerated Does Not Deprive Defendant of Expectation of Privacy in Home by Anthony Accurso by Anthony Accurso  The Supreme Court of Connecticut held that the lower court erred in denying defendant’s search of his apartment where the police failed …
Article • October 16, 2019 • from CLN November, 2019
New Hampshire Ends Death Penalty by Jayson Hawkins by Jayson Hawkins  Michael Addison, the sole occupant of New Hampshire’s death row, is breathing a little easier these days. Thanks to a two-thirds majority in both the state’s House and Senate, the state’s legislature overrode Governor Chris Sununu’s veto of their …
Article • October 16, 2019 • from CLN November, 2019
Fourth Circuit Grants Habeas Relief to Pre-Trial State Prisoner on Double Jeopardy Grounds by Dale Chappell by Dale Chappell Finding that a South Carolina state court violated a state pre-trial defendant’s right against double jeopardy by granting a mistrial when the State wasn’t prepared for trial, the U.S. Court of …
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