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Article • May 15, 2021 • from CLN June, 2021
Report: Police More Aggressive at Leftwing Rallies by Kevin Bliss by Kevin Bliss New data collected this past spring show that police have been more likely to use force against leftwing protests than rightwing. Black Lives Matter (“BLM”) protests were three times more likely to see police violence than Stop …
Article • May 15, 2021 • from CLN June, 2021
Eleventh Circuit: Lawyer’s Purposeful Late Filing of Habeas Petition Grounds for Equitable Tolling by Dale Chappell by Dale Chappell In a case where habeas counsel purposely waited until it was too late to file a federal habeas corpus petition, the U.S. Court of Appeals for the Eleventh Circuit held on …
Washington Supreme Court Announces State’s Strict-Liability Drug Possession Law Is Unconstitutional by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Washington held that the state’s strict-liability drug possession law, codified at RCW 69.50.4013(1), is unconstitutional. Shannon Blake was arrested in connection with an …
Article • May 15, 2021 • from CLN June, 2021
California Supreme Court Announces Conditioning Pretrial Release on Ability to Afford Bail Unconstitutional by Douglas Ankney by Douglas Ankney In landmark decision, the Supreme Court of California substantially limited conditions where trial courts may require money bail. Kenneth Humphrey, 66, was accused of robbing his 79-year-old neighbor of seven dollars …
Article • May 15, 2021 • from CLN June, 2021
Ohio Supreme Court: Touching ‘Fog Line’ Doesn’t Justify Traffic Stop by Douglas Ankney by Douglas Ankney In a case of first impression for the Supreme Court of Ohio, it held that “driving on” or “touching” the single solid white longitudinal line on the right-hand edge of a roadway (aka “fog …
Article • May 15, 2021 • from CLN June, 2021
Sixth Circuit Follows Trend of Reigning in Commentary’s Impermissible Expansion of Sentencing Guidelines by Douglas Ankney by Douglas Ankney A decision of the U.S. Court of Appeals for the Sixth Circuit followed a trend among the federal circuits in declaring it impermissible for the commentary to the U.S. Sentencing Guidelines …
Article • May 15, 2021 • from CLN June, 2021
Filed under: News in Brief
News in Brief by California: On March 12, 2021, federal prosecutors in California unsealed indictments against a pair of policemen accused of pocketing cash and drugs confiscated from suspects they pulled over in traffic stops. According to a report by Law & Crime, former Rohnert Park Police Department officers Brendon …
Article • May 15, 2021 • from CLN June, 2021
Nevada Supreme Court Announces Felon’s Possession of Multiple Firearms at One Time and Place Is Only Single Violation of State Statute by Douglas Ankney by Douglas Ankney The Supreme Court of Nevada held that “the State properly charges a defendant with only a single violation of NRS 202.360(1)(b) when it …
Article • May 15, 2021 • from CLN June, 2021
Colorado Supreme Court Suppresses Evidence on Cellphone Obtained Via Invalid Warrant, Not Cured by Obtaining Second Valid Warrant by Anthony Accurso by Anthony Accurso The Supreme Court of Colorado denied the People’s appeal when it determined the prosecution failed to carry its burden in establishing the independent source doctrine applied …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Public Records, Internet
Online Records Impose Digital Punishment for Millions by Anthony Accurso by Anthony Accurso A recent analysis, published in the Law & Social Inquiry Journal, demonstrates how the online availability of law enforcement and court databases amounts to “digital punishment,” including for many persons who were merely arrested for, but never …
Article • May 15, 2021 • from CLN June, 2021
New Hampshire Supreme Court: Defendant Had Subjective and Objective Expectation of Privacy in Apartment Building’s Utility Closet in Common Areas, Evidence Suppressed by Anthony Accurso by Anthony Accurso The Supreme Court of New Hampshire held that a defendant had a reasonable expectation of privacy in his apartment’s utility closet and …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Statistics/Trends, Police
Study: Militarizing Police Doesn’t Shrink Crime Rates by Jayson Hawkins by Jayson Hawkins A study published in Nature Human Behavior found that the allocation of surplus military equipment (“SME”) to local police agencies had no effect on crime rates. Researchers also discovered that the Department of Defense records of the …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Errors and Omissions
Georgia Supreme Court: Cumulative Effect of Trial Errors Requires Reversal of Murder Conviction by Matthew Clarke by Matt Clarke The Supreme Court of Georgia unanimously held that the cumulative effect of several trial errors required the reversal of a murder conviction. Benjamin Finney, a drug dealer in Macon, Georgia, was …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Habeas Corpus, AEDPA
Fourth Circuit Finally Holds Davis Retroactive by Dale Chappell by Dale Chappell In a case that numerous federal habeas petitioners have been awaiting, the U.S. Court of Appeals for the Fourth Circuit held on February 23, 2021, that the decision in United States v. Davis, 139 S. Ct. 2319 (2019), …
Article • May 15, 2021 • from CLN June, 2021
Filed under: War on Drugs, Costs
The Costs of the War on Drugs by Jayson Hawkins by Jayson Hawkins Political efforts have been underway to withdraw troops and bring an end to America’s military involvement in Afghanistan. While this two-decade old conflict is considered by many to be the longest war in U.S. history, that ignores …
Article • May 15, 2021 • from CLN June, 2021
Tennessee Supreme Court Clarifies Inevitable Discovery Doctrine in Raid of Home to Execute Arrest Warrant by Anthony Accurso by Anthony Accurso In an opinion filed Feb. 23, 2021, the Supreme Court of Tennessee suppressed the evidence located during a sweep of defendant’s home because the search of the home was …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Settlements
$27 Million Settlement for George Floyd’s Family by Jayson Hawkins by Jayson Hawkins Incidents of police brutality are nothing new in the U.S. They occur with such regularity that it is easy to be overwhelmed by the statistics and hard to recall the specifics surrounding each one on the ever-lengthening …
Article • May 15, 2021 • from CLN June, 2021
Second Circuit: No Qualified Immunity for Police Detaining and Frisking Man Based Solely on Unconfirmed Hunch by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Second Circuit affirmed the U.S. District Court for the Southern District of New York’s denial of qualified immunity to police who …
Article • May 15, 2021 • from CLN June, 2021
Texas Court of Criminal Appeals: Speculation Insufficient to Trigger ‘Forfeiture by Wrongdoing’ Exception to Confrontation Clause by Dale Chappell by Dale Chappell In a case where the lower courts assumed a defendant prevented an alleged victim of domestic violence from appearing at trial as a witness to testify against him, …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Murder/Felony Murder
Felony Murder: The Crotchet of American Murder Jurisprudence by Douglas Ankney by Douglas Ankney Since the Supreme Court decided Gregg v. Georgia, 428 U.S. 153 (1976), the idea has been that death sentences are reserved for only those murders committed by the worst of the worst killers. But in August …
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