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Article • October 16, 2019 • from CLN November, 2019
Tennessee Supreme Court Abandons Doctrine of Abatement Ab Initio by David Reutter by David Reutter The Tennessee Supreme Court held “the doctrine of abatement ab initio must be abandoned because it is obsolete, its continued application would do more harm than good, and it is inconsistent with the current public …
Article • October 15, 2019 • from CLN November, 2019
Filed under: DNA Testing/Samples
New Jersey Supreme Court Announces New Test to Determine When State May Obtain Second DNA Sample After Unlawfully Obtained First Sample by Douglas Ankney by Douglas Ankney The Supreme Court of New Jersey rejected the “inevitable discovery doctrine” as being “a poor fit” for determining whether a second DNA sample …
Article • October 15, 2019 • from CLN November, 2019
Fourth Circuit Reviews for Plain Error and Vacates Brandishing a Firearm Conviction Obtained Under 18 U.S.C. § 924(C)(3) by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit reviewed for plain error and vacated Donald Eugene Walker’s conviction for brandishing a firearm during and in …
Article • October 15, 2019 • from CLN November, 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 …
Article • October 15, 2019 • from CLN November, 2019
Tens of Thousands of Sentencing Decisions Are Hidden Within PACER, Hindering Access by Lawyers and Defendants by Dale Chappell by Dale Chappell Thanks to technology, judges’ decisions in the thousands of sentences they impose each year get isolated in an unsearchable database called PACER — Public Access to Court Electronic …
Article • October 14, 2019 • from CLN November, 2019
Filed under: Probation
Pennsylvania Supreme Court: Probationer Must Violate Specific Condition of Probation or Commit New Crime to Be Found in Violation by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania held that a court must find, based on a preponderance of the evidence, that a probationer violated a specific condition …
Article • October 14, 2019 • from CLN November, 2019
Filed under: Appeals
Seventh Circuit Reverses Convictions Under 18 U.S.C. § 924(c); Holds Underlying Offenses Do Not Qualify as ‘Crimes of Violence’ by Matthew Clarke by Matt Clarke  The U.S. Court of Appeals for the Seventh Circuit reversed the convictions of two federal prisoners who had been found guilty of using and discharging …
Article • October 14, 2019 • from CLN November, 2019
Filed under: Release and Reentry
Businesses Are Focusing More and More on Aiding Offenders Reentering Society by Kevin Bliss by Kevin Bliss Former Brick, New Jersey, attorney John Koufos lost his job as a high-profile prosecutor when he seriously injured someone in a car accident while driving drunk. He was sentenced to six years in …
Article • October 14, 2019 • from CLN November, 2019
Filed under: Qualified Immunity
Qualified Immunity: Explained by Amir H. Ali, Emily Clark by Amir H. Ali and Emily Clark, The Appeal, a nonprofit criminal justice news site In [The Appeal] Explainer series, Justice Collaborative lawyers and other legal experts help unpack some of the most complicated issues in the criminal justice system. We …
Article • October 14, 2019 • from CLN November, 2019
Filed under: Children of Prisoners
The Mass Incarceration Epidemic Viewed Through a Young Daughter’s Eyes by Hayley Schulman by Hayley Schulman When I was 16, my dad was sentenced to eight years in prison for non-violent offenses. What the judge didn’t realize was that he was sentencing me to a virtual prison.  It was a …
Article • October 14, 2019 • from CLN November, 2019
Filed under: Wrongful Conviction
Prosecutors Working to Clear Wrongful Convictions With Mixed Results by Bill Barton by Bill Barton Before the murder charge against him was finally dropped, Richard Phillips had the decidedly dubious distinction of being locked up longer than any other eventually exonerated prisoner—he was incarcerated for 45 years, convicted of a …
Article • October 14, 2019
Filed under: DNA Testing/Samples, Juries
Lack of Academic Research in U.S. on Secondary DNA Transfer Affects Criminal Defendants by Steve Horn by Steve Horn The ivory tower of academia. It’s seemingly quite a long distance from the real-world implications of the U.S. criminal justice system’s often brutal iron fist.  It’s a place in which professors …
Article • September 17, 2019 • from CLN October, 2019
Filed under: News in Brief
News in Brief by Arizona: On the heels of a record 44 cop shootings in 2018, a new policy now requires Phoenix police who draw and point their guns to “self report,” azcentral.com reports. And after they document their actions, “a supervisor will review each incident,” theroot.com reports. “When a …
Article • September 17, 2019 • from CLN October, 2019
Filed under: DNA Testing/Samples
Killer’s Bold DNA-Based Defense to Get New Mexico Supreme Court Hearing by Bill Barton by Bill Barton Anthony Blas Yepez, in October 2012, beat to death the 75-year-old boyfriend of his girlfriend’s mother in a drunken dispute. Charged with first-degree murder, Yepez said he could not remember much of the …
Article • September 17, 2019 • from CLN October, 2019
Study: Brazen Cops Posting Racist, Vitriolic Comments on the Internet by Edward Lyon by Ed Lyon There is a time-worn, yet usually quite-accurate saying that states: “Where there’s smoke, there’s fire.” Thanks in great part to Philadelphia attorney Emily Baker-White’s efforts as leader of The Plain View Project (“PVP”), a …
Article • September 17, 2019 • from CLN October, 2019
Chicago PD Creating Files, Background Checks on Citizens Who Speak at Police Disciplinary Meetings by Dale Chappell by Dale Chappell A public records request by the Chicago Tribune found that the Chicago Police Department has been doing background checks and creating files on citizens who speak at weekly meetings of …
Article • September 17, 2019 • from CLN October, 2019
Filed under: Parole, Fifth Amendment
Kentucky Supreme Court Rules Parole Board’s Revocation Procedures Are Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Kentucky held that the Parole Board’s (“Board”) current conditional-freedom final revocation hearing procedures for post-incarceration supervisees violate an offender’s due process rights. David Wayne Bailey was released from prison and …
Article • September 17, 2019 • from CLN October, 2019
7th Circuit Announces SORNA Requires Hybrid Approach in Comparing Underlying Conviction to Determine Tier Classification by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Seventh Circuit joined the Fourth and Tenth Circuits in holding that tier classification under the Sex Offender Registration and Notification Act (“SORNA”) …
Article • September 17, 2019 • from CLN October, 2019
Tenth Circuit Vacates Special Condition of Supervised Release That Gave Probation Officers Discretion to Ban Computer and Internet Usage by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit vacated a special condition of supervised release that gave discretion to probation officers to completely ban …
Article • September 17, 2019 • from CLN October, 2019
Arrest for Shouting ‘F—k You’ to Arkansas Trooper Violates First and Fourth Amendments Rights, Eighth Circuit Rules by Michael Berk by Michael Berk An Arkansas state trooper violated a motorist’s First and Fourth Amendment rights when he arrested him for yelling “F--k you,” the U.S. Court of Appeals for the …
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