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Law Professor Peeks at Prosecutor’s Veiled DNA Database
Article • November 19, 2019 • from CLN December, 2019
Filed under: DNA Testing/Samples, Databases
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 …
Fifth Circuit: Practices of Orleans Parish Judges in Collecting Fines and Fees Violates Due Process
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 …
Seventh Circuit Vacates Conviction and Remands for a Franks Hearing
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 …
California Supreme Court Holds Discovery Statute Requiring ‘Good Cause’ Not Applicable When Evidence Held by Court
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 …
Minnesota Supreme Court Announces Heightened Pleading Standard for Birchfield/Johnson Claims Raised in Collateral Postconviction Proceedings
Article • November 19, 2019 • from CLN December, 2019
Minnesota Supreme Court Announces Heightened Pleading Standard for Birchfield/Johnson Claims Raised in Collateral Postconviction Proceedings by Douglas Ankney by Douglas Ankney The Supreme Court of Minnesota announced a heightened pleading standard when a petitioner asserts a Birchfield/Johnson claim for relief in a collateral postconviction motion. On March 22, 2012, deputies …
Missouri Supreme Court Clarifies Defendant Is Entitled to Self-Defense Instruction When Substantial Evidence Supports Instruction Regardless of Whether Defendant Presented Evidence Contrary to Self-De...
Article • November 18, 2019 • from CLN December, 2019
Missouri Supreme Court Clarifies Defendant Is Entitled to Self-Defense Instruction When Substantial Evidence Supports Instruction Regardless of Whether Defendant Presented Evidence Contrary to Self-Defense by Douglas Ankney by Douglas Ankney The Supreme Court of Missouri clarified that a defendant is entitled to a self-defense jury instruction whenever there is substantial …
Ninth Circuit Reverses Convictions Where Trial Court Failed to Provide Oral Jury Instructions
Article • November 18, 2019 • from CLN December, 2019
Filed under: Jury Instructions
Ninth Circuit Reverses Convictions Where Trial Court Failed to Provide Oral Jury Instructions by Chad Marks by Chad Marks The U.S. Court of Appeals for the Ninth Circuit ruled that the district court’s failure to provide oral jury instructions on the applicable substantive law constitutes structural error requiring reversal of …
Tenth Circuit: ‘Relevant Background Law’ Trumps Unclear Record in Granting § 2255 Relief From Johnson Error
Article • November 18, 2019 • from CLN December, 2019
Tenth Circuit: ‘Relevant Background Law’ Trumps Unclear Record in Granting § 2255 Relief From Johnson Error by Michael Berk by Michael Berk The U.S. Court of Appeals for the Tenth Circuit reversed the denial of a successive motion under 28 U.S.C. § 2255, remanding the case for resentencing where the …
Another notable (but ultimately disappointing) ruling about sentence reductions under § 3582(c)(1)(A) after FIRST STEP Act
Article • November 18, 2019 • from CLN December, 2019
Filed under: Criminal justice system reform, Sentencing
Another notable (but ultimately disappointing) ruling about sentence reductions under § 3582(c)(1)(A) after FIRST STEP Act by Professor Douglas A. Berman by Professor Douglas A. Berman, Sentencing Law and Policy blog (sentencing.typepad.com) As regular readers know, in prior posts I have made much of a key provision of the FIRST STEP …
Maryland Court of Appeals Abrogates Rule Requiring Corroboration of Accomplices’ Testimony and Announces New Rule
Article • November 18, 2019 • from CLN December, 2019
Maryland Court of Appeals Abrogates Rule Requiring Corroboration of Accomplices’ Testimony and Announces New Rule by Douglas Ankney by Douglas Ankney The Maryland Court of Appeals abrogated the rule that required the testimony of accomplice(s) be independently corroborated and replaced it with a new rule. In August 2015, Sandeep Bhulai’s …
In Landmark Opinion, Colorado Supreme Court Announces Courts May Not Sentence Defendant to Both Prison and Probation in Multi-Count Cases
Article • November 18, 2019 • from CLN December, 2019
Filed under: Sentencing, Probation
In Landmark Opinion, Colorado Supreme Court Announces Courts May Not Sentence Defendant to Both Prison and Probation in Multi-Count Cases by Richard Resch by Richard Resch The Supreme Court of Colorado unanimously held that sentencing courts may not impose imprisonment for certain offenses and probation for others when sentencing for …
9th Circuit: Sentence Under 18 U.S.C. § 3583(k) Violated Ex Post Facto Clause When Underlying Offense Was Committed in 2005
Article • November 18, 2019 • from CLN December, 2019
Filed under: Ex Post Facto
9th Circuit: Sentence Under 18 U.S.C. § 3583(k) Violated Ex Post Facto Clause When Underlying Offense Was Committed in 2005 by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit held that a sentence under 18 U.S.C. § 3583(k) for revocation of a term of …
California Supreme Court: Where Electronics Search Condition of Probation Is Not Reasonably Related to Future Criminality, Condition Is Invalid
Article • November 18, 2019 • from CLN December, 2019
Filed under: Searches
California Supreme Court: Where Electronics Search Condition of Probation Is Not Reasonably Related to Future Criminality, Condition Is Invalid by Douglas Ankney by Douglas Ankney The Supreme Court of California held that where an electronics search condition of probation is not reasonably related to future criminality the condition is invalid …
Risk Assessments in Cook County Ineffective
Article • November 18, 2019 • from CLN December, 2019
Filed under: Criminal justice system reform
Risk Assessments in Cook County Ineffective by Jayson Hawkins by Jayson Hawkins Risk assessments have been championed as a tool to help remove bias from criminal justice decisions. While there have been improvements in some areas, overall performance has fallen short of many expectations. Cook County, Illinois, began using the …
$2.4 Million Paid by Sacramento in Wrongful Death Suit of Stephon Clark
Article • November 18, 2019 • from CLN December, 2019
Filed under: Settlements, Wrongful Death
$2.4 Million Paid by Sacramento in Wrongful Death Suit of Stephon Clark by Kevin Bliss by Kevin Bliss Two Sacramento, California, police officers, Terrance Mercadal and Jared Robinet, fatally shot Stephon Clark on March 18, 2018, amid accusations of racial profiling and excessive use of force. The District Attorney (“DA”) …
Second Circuit: Federal Habeas Relief Warranted Where State Trial Court’s Evidentiary Rulings Deprived Defendant of Right to Present a Complete Defense
Article • November 18, 2019 • from CLN December, 2019
Second Circuit: Federal Habeas Relief Warranted Where State Trial Court’s Evidentiary Rulings Deprived Defendant of Right to Present a Complete Defense by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit instructed a district court to issue a conditional writ of habeas corpus based on …
South Carolina Supreme Court Grants New Trial Based on IAC Because of Botched Alibi Defense
Article • November 18, 2019 • from CLN December, 2019
Filed under: Appointment of Counsel
South Carolina Supreme Court Grants New Trial Based on IAC Because of Botched Alibi Defense by Dale Chappell by Dale Chappell A unanimous Supreme Court of South Carolina held that trial counsel was constitutionally ineffective for failing to present specific details of an alibi defense that the Court said undermined …
Massachusetts Supreme Court Suppresses Evidence Obtained After Miranda Warnings Translated into Spanish Deemed Incapable of Conveying Meaningful Advice
Article • November 18, 2019 • from CLN December, 2019
Filed under: Arrest and Booking
Massachusetts Supreme Court Suppresses Evidence Obtained After Miranda Warnings Translated into Spanish Deemed Incapable of Conveying Meaningful Advice by David Reutter by David Reutter The Supreme Judicial Court of Massachusetts affirmed the suppression of custodial statements where the translation of Miranda warnings into Spanish was inadequate to apprise the defendant …
Civil Death Laws: When Life is Death
Article • November 18, 2019 • from CLN December, 2019
Civil Death Laws: When Life is Death by Jayson Hawkins by Jayson Hawkins Certain human rights are inalienable, even for incarcerated individuals. When Joshua Davis received a shot of insulin in 2018 that was tainted with other prisoners’ blood, the resulting lawsuit against the institution that risked exposing him to …
10th Circuit: Child Porn Stored on Multiple Devices Constitutes One Count of Possession Under 18 U.S.C. § 2252A(a)(5)(B)
Article • November 18, 2019 • from CLN December, 2019
Filed under: Sentencing
10th Circuit: Child Porn Stored on Multiple Devices Constitutes One Count of Possession Under 18 U.S.C. § 2252A(a)(5)(B) by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit held that child pornography stored on multiple devices at the same location and at the same time …
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