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Michigan Will Pay $1.5 Million to Longest Serving Exonerated Prisoner
Article • September 17, 2019 • from CLN October, 2019
Filed under: Settlements, Wrongful Conviction, Wrongful Imprisonment
Michigan Will Pay $1.5 Million to Longest Serving Exonerated Prisoner by Bill Barton by Bill Barton Richard Phillips, a Michigan man who was wrongfully incarcerated for 46 years before being exonerated in spring 2018, will receive a settlement of $1.5 million from the state, more than a year after he …
MIX13 Reveals Potential Errors in DNA Testing
Article • September 17, 2019 • from CLN October, 2019
Filed under: DNA Testing/Samples
MIX13 Reveals Potential Errors in DNA Testing by Jayson Hawkins by Jayson Hawkins A federal study from 2013 showed that manually sorting DNA mixtures is not as foolproof as previously believed. MIX13, which sent the same hypothetical cases to 108 crime labs around the U.S., tested the accuracy of traditional …
Ninth Circuit Announces that District Court Cannot Sua Sponte Raise Waiver as Ground to Dismiss Motion for Sentence Reduction
Article • September 17, 2019 • from CLN October, 2019
Filed under: Appeals, Sentencing
Ninth Circuit Announces that District Court Cannot Sua Sponte Raise Waiver as Ground to Dismiss Motion for Sentence Reduction by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Ninth Circuit announced that a district court cannot sua sponte raise a …
First Circuit: Prosecutor Not Entitled to Absolute Immunity When Performing Purely Administrative Duty
Article • September 17, 2019 • from CLN October, 2019
Filed under: Immunity/Liability, Prosecutorial Immunity
First Circuit: Prosecutor Not Entitled to Absolute Immunity When Performing Purely Administrative Duty by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the First Circuit held that when a prosecutor performs a purely administrative function in relation to a criminal prosecution, she does not enjoy absolute prosecutorial …
New North Dakota Law Arrests Cops’ Ability to Seize Property
Article • September 17, 2019 • from CLN October, 2019
Filed under: Money/Property, Police
New North Dakota Law Arrests Cops’ Ability to Seize Property by Douglas Ankney by Douglas Ankney Republican Governor Doug Burgum of North Dakota recently signed House Bill 1286, “which seriously curtails law enforcement agencies’ ability to arrest somebody, take his or her property, and attempt to keep what they seized …
Black Drivers in Missouri 91 Percent More Likely to Be Stopped Than White Drivers
Article • September 17, 2019 • from CLN October, 2019
Filed under: Police Misconduct, Racial Discrimination, Police, Racial Profiling
Black Drivers in Missouri 91 Percent More Likely to Be Stopped Than White Drivers by Bill Barton by Bill Barton A report by Missouri Attorney General Eric Schmitt reveals that black motorists in that state are 91 percent more likely to be pulled over than whites. The 2018 report illuminating …
Maryland Court of Appeals: Sentence Imposed on Remand That Is of Equal Maximum Length as Former Sentence but With Longer Term Before Parole Eligibility Is ‘More Severe’
Article • September 17, 2019 • from CLN October, 2019
Filed under: Appeals, Sentencing, Parole
Maryland Court of Appeals: Sentence Imposed on Remand That Is of Equal Maximum Length as Former Sentence but With Longer Term Before Parole Eligibility Is ‘More Severe’ by Douglas Ankney by Douglas Ankney The Court of Appeals of Maryland held that where a circuit court imposed on remand a sentence …
Delaware Supreme Court: Where Defendant Competent to Plead ‘Guilty but Mentally Ill,’ He May Revoke Plea Before It Is Accepted
Article • September 17, 2019 • from CLN October, 2019
Filed under: Guilty Pleas, Trials, Mental Health
Delaware Supreme Court: Where Defendant Competent to Plead ‘Guilty but Mentally Ill,’ He May Revoke Plea Before It Is Accepted by Anthony Accurso by Anthony Accurso The Supreme Court of the State of Delaware held that when a defendant has been declared competent to plead guilty he retains the right …
First Circuit Rules Appeal Waiver Does Not Relieve Counsel of Duty to Consult About an Appeal
Article • September 17, 2019 • from CLN October, 2019
Filed under: Attorneys, Appeals
First Circuit Rules Appeal Waiver Does Not Relieve Counsel of Duty to Consult About an Appeal by Dale Chappell by Dale Chappell In a case applying a newly minted U.S. Supreme Court decision, the U.S. Court of Appeals for the First Circuit held that an appeal waiver in a plea …
Fifth Circuit Announces that Categorical Approach Applied to SORNA Doesn’t Permit Circustance-Specific Inquiry Into Offender/Victim Age Differential
Article • September 17, 2019 • from CLN October, 2019
Filed under: Appeals, Sex Offender Registration and Notification Act
Fifth Circuit Announces that Categorical Approach Applied to SORNA Doesn’t Permit Circustance-Specific Inquiry Into Offender/Victim Age Differential by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Fifth Circuit held that the text of the Sexual Offense Registration and Notification Act …
Seventh Circuit Announces That More Than Psychological Coercion Required to Trigger § 2B3.1(b)(4)(B) Sentencing Enhancement, Disapproving Prior Holdings to the Contrary
Article • September 17, 2019 • from CLN October, 2019
Filed under: Appeals, Sentencing
Seventh Circuit Announces That More Than Psychological Coercion Required to Trigger § 2B3.1(b)(4)(B) Sentencing Enhancement, Disapproving Prior Holdings to the Contrary by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit announced that something more than psychological coercion is required before a sentencing court can …
New Hampshire Supreme Court: State’s Armed Career Criminal Statute Applies Only When Qualifying Convictions Arise From at Least 3 Separate Criminal Episodes
Article • September 17, 2019 • from CLN October, 2019
Filed under: Sentencing
New Hampshire Supreme Court: State’s Armed Career Criminal Statute Applies Only When Qualifying Convictions Arise From at Least 3 Separate Criminal Episodes by Douglas Ankney by Douglas Ankney The Supreme Court of New Hampshire held that the state’s armed career criminal statute (codified at RSA 159:3-a) applies only to persons …
U.S. District Court Holds Residual Clause of Federal Three-Strikes Law Unconstitutional
Article • September 17, 2019 • from CLN October, 2019
Filed under: Three Strikes
U.S. District Court Holds Residual Clause of Federal Three-Strikes Law Unconstitutional by Dale Chappell by Dale Chappell The U.S. District Court for the Southern District of California granted postconviction relief on June 12, 2019, to a federal prisoner serving a mandatory life sentence, holding that the so-called “residual clause” of …
Genetic Testing Raises Privacy Concerns
Article • September 17, 2019 • from CLN October, 2019
Filed under: DNA Testing/Samples
Genetic Testing Raises Privacy Concerns by Bill Barton by Bill Barton DNA testing, once an expensive technology, is now so inexpensive that approximately 26 million people have taken advantage of it,” according to Slate.com. “With sites like Ancestry.com and 23andMe, you can easily submit samples of your DNA and receive …
Michigan Supreme Court: Reaching Out Door of Home to Retrieve ID Inadequate to Surrender Fourth Amendment Rights
Article • September 17, 2019 • from CLN October, 2019
Filed under: Searches, Fourth Amendment, rights
Michigan Supreme Court: Reaching Out Door of Home to Retrieve ID Inadequate to Surrender Fourth Amendment Rights by David Reutter by David Reutter The Supreme Court of Michigan held that a defendant did not expose herself to public arrest when she reached out of her doorway to retrieve her identification …
Tenth Circuit: No Absolute Immunity for Prosecutor Who Fabricated Evidence
Article • September 17, 2019 • from CLN October, 2019
Filed under: Immunity/Liability, Prosecutorial Immunity
Tenth Circuit: No Absolute Immunity for Prosecutor Who Fabricated Evidence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit affirmed a district court’s decision that a prosecutor does not enjoy absolute immunity from suit for fabricating evidence during a preliminary investigation. In November 1999, …
The Power of Sheriffs: An Explainer
Article • September 17, 2019 • from CLN October, 2019
Filed under: Forfeiture, Police, Excessive Force (Police)
The Power of Sheriffs: An Explainer by Jessica Brand  by Jessica Brand, The Appeal This Explainer was produced by The Appeal, a nonprofit criminal justice news site. In our Explainer series, Justice Collaborative lawyers and other legal experts help unpack some of the most complicated issues in the criminal justice …
Pitfalls of Using Risk Assessment Tools
Article • September 17, 2019 • from CLN October, 2019
Filed under: Criminal justice system reform
Pitfalls of Using Risk Assessment Tools by Jayson Hawkins by Jayson Hawkins In the push for criminal justice reform, several ideas have emerged to help fix our broken system. Many experts have promoted risk assessments as effective tools that could be employed at every level of criminal justice to provide …
Eleventh Circuit Holds Time on Appeal Counts When Considering If Sentence Was Imposed Under Residual Clause
Article • September 16, 2019 • from CLN October, 2019
Filed under: Appeals
Eleventh Circuit Holds Time on Appeal Counts When Considering If Sentence Was Imposed Under Residual Clause by Dale Chappell by Dale Chappell In a case that may have lowered one of the hurdles erected by the U.S. Court of Appeals for the Eleventh Circuit to stop the flow of relief …
Fourth Circuit Holds Appeal Waiver Does Not Preclude Retroactive ACCA Claim
Article • September 16, 2019 • from CLN October, 2019
Filed under: Appeals
Fourth Circuit Holds Appeal Waiver Does Not Preclude Retroactive ACCA Claim by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fourth Circuit held that retroactive ACCA claims are not barred by a defendant’s appeal waiver, and defendant’s 1976 Georgia burglary conviction is no longer a valid …
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