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Article • September 16, 2019 • from CLN October, 2019
Third Circuit Rules Lower Courts Abused Discretion When They Failed to Conduct Evidentiary Hearing on Brady Claim and on Conflict of Interest Claim by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit ruled that the Superior Court abused its discretion when it failed to …
Article • September 16, 2019 • from CLN October, 2019
Filed under: Guilty Pleas
Whether State or Federal, Most Convictions Are Overwhelmingly Based on Guilty Pleas by Edward Lyon by Ed Lyon Readers of Criminal Legal News and Prison Legal News are familiar with the fact that criminal convictions occur mostly as a result of guilty or no-contest pleas. A recently released report by …
Article • September 16, 2019 • from CLN October, 2019
Minnesota Supreme Court: Even With a Warrant, Forced Anoscopy Is Unreasonable Search by Douglas Ankney by Douglas Ankney The Supreme Court of Minnesota ruled that forcing a suspect to undergo an anoscopy to retrieve a baggie from his rectum was an unreasonable search even though police had obtained a warrant …
Article • September 16, 2019 • from CLN October, 2019
9th Circuit Finds IAC for Failure to Investigate Mitigating Factors During Penalty Phase of Capital Case by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Ninth Circuit vacated and remanded the defendant’s death sentence for first-degree murder because defense counsel failed to investigate mitigating evidence of …
Article • September 16, 2019 • from CLN October, 2019
Oregon Supreme Court Announces State Constitution Prohibits Cops From Digging Through Residents’ Trash Without a Warrant by Mark Wilson by Mark Wilson Departing from 50 years of precedent, the Supreme Court of Oregon held that Oregonians retain a constitutionally protected privacy interest in garbage that they leave at the curb …
Article • September 16, 2019 • from CLN October, 2019
SCOTUS Declares Portion of Federal Supervised Release Statute Unconstitutional by Dale Chappell by Dale Chappell A sharply divided Supreme Court of the United States narrowly held on June 26, 2019, that the revocation provision of the federal sex offender supervised release statute is unconstitutional because it violates the right to …
Article • September 16, 2019 • from CLN October, 2019
Tracking Phones: Google as a Dragnet for the Police by Bill Barton by Bill Barton The Google Sensorvault database has been used by law enforcement agencies on multiple occasions to obtain what are being called “geofence” warrants, which specify an area and period of time and require Google to provide …
Article • September 16, 2019 • from CLN October, 2019
Who Inflicts the Most Gun Violence in America? The U.S. Government and Its Police Forces by John W. Whitehead by John W. Whitehead, Commentary, The Rutherford Institute “It is often the case that police shootings, incidents where law enforcement officers pull the trigger on civilians, are left out of the …
Article • September 16, 2019 • from CLN October, 2019
Partial Justice by Christopher Zoukis How a Judiciary Poisoned by Politics, Ideology, and Unaccountability Contributes to the Wrongful Conviction of Innocent Men and Women by Christopher Zoukis, MBA Alexander Hamilton said in Federalist Paper No. 78 that the judiciary “may truly be said to have neither force nor will but …
Article • September 14, 2019
No Attorney Fees for Pro Se Attorney Under FOIA by The Fifth Circuit Court of Appeals held an attorney appearing pro se cannot recover attorney fees under the Freedom of Information Act (FOIA). Immigration attorney Michael W. Gahagan uses FOIA to obtain government documents to assist his clients and for …
Article • August 21, 2019 • from CLN September, 2019
Filed under: News in Brief
News in Brief by Alabama: Deputy Jeff Graves resigned from the Madison County sheriff’s department after making homophobic statements about a Huntsville teen’s suicide, but he’s still a lawman today. Graves was hired by the neighboring Owens Cross Roads Police, newsweek.com reports on July 12, 2019. Graves had posted online …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Bail
St. Louis Ordered to Stop Holding Detainees Simply Because They Can’t Afford Bail by Kevin Bliss by Kevin Bliss In response to a lawsuit, District Court Judge Audrey Fleissig of the Eastern District of Missouri ruled in favor of four detainees in St. Louis’ City Workhouse, forbidding St. Louis’ “jail …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Sentencing
Debunked Shaken-Baby Syndrome Leads to Reduced Sentence by Anthony Accurso by Anthony Accurso An Ohio man who spent 27 years on death row for the 1991 murder of his daughter Domika—based largely on now-debunked shaken baby syndrome—had his conviction overturned and has accepted a plea deal for a life sentence …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Bail
Video Bail Hearings Violate Rights in Many Ways by Edward Lyon by Ed Lyon Television crime dramas really do reflect reality when they show that one of the first things that occurs in an arrestee’s life is an arraignment. It is at this proceeding a judge hears whatever evidence the …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Crime Labs
Chicago Fingerprint Unit Flawed, Under Scrutiny by Bill Barton by Bill Barton In 2016, Cook County prosecutors relied on a fingerprint lifted from a laptop as pivotal evidence against a juvenile charged with robbery. According to Chicago Reporter coverage of the case, Judge Stuart Katz “ripped into the competence of …
Article • August 21, 2019 • from CLN September, 2019
Seventh Circuit Rules Failure to Issue Summons or Warrant Means Supervised Release Not Tolled While Merely in Custody by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Seventh Circuit ruled that, where a defendant is detained prior to the expiration of his supervised release, he must …
Article • August 21, 2019 • from CLN September, 2019
Private Companies Use DNA Profiles to Snitch on Customers and Their Families by Douglas Ankney by Douglas Ankney Most DNA testing companies will not provide customer data to law enforcement unless there is a lawful court order. But FamilyTreeDNA distinguishes itself by not just permitting police to access its consumer …
Article • August 21, 2019 • from CLN September, 2019
California Losing Millions in Civil Asset Forfeiture Funds as Law Aims to Curb Police Abuse by For decades, federal asset forfeiture revenue in California soared from the sale of seized properties. Police used federal law to seize everything from boats to vehicles to homes, thereby circumventing California laws. Opponents call …
Article • August 21, 2019 • from CLN September, 2019
Second Circuit Holds NY Sodomy Not ‘Prior Sex Conviction’ for Purposes of Federal Statute Mandating Life Sentence for Repeat Sex Offenders by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Second Circuit held that a prior conviction for sodomy under New York law is not a …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Statistics/Trends
Groundbreaking Empirical Study of Expungement Released by Bill Barton by Bill Barton An empirical study of a state law limiting public access to criminal records has been released by professors Sonja B. Starr and J.J. Prescott of Michigan Law School. Starr and Prescott said, “Despite the considerable legislative ferment and …
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