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Article • August 21, 2019 • from CLN September, 2019
Sixth Circuit Announces § 2244(B)(1) Doesn’t Apply to Successive § 2255 Petitions and Rules That If the District Court Relied on Residual Clause of ACCA When Determining Prior Conviction Qualified as Predicate Felony, Then Sentence Cannot Stand by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Sentencing
Florida Supreme Court Holds Sentencing Statute That Allows Judge to Determine Dangerousness Triggering Upward Depar-ture of Maximum Sentence Unconstitutional by Dale Chappell by Dale Chappell A Florida sentencing statute that allows a judge to find aggravating factors to impose a higher sentence violates the Sixth Amendment to the U.S. Constitution, …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Trials
Minnesota Supreme Court Clarifies That State Has Burden to Prove Competency to Stand Trial by Dale Chappell by Dale Chappell The State and not the defendant has the burden to prove that a defendant is competent to stand trial, the Supreme Court of Minnesota held, clarifying the rule on the …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Police
Will Police Recruitment Crisis Prompt Change in Behavior? by Douglas Ankney by Douglas Ankney When schoolchildren were asked what they wanted to be when they grew up, a frequent answer used to be “a policeman.” But apparently that’s no longer true. Sixty-six percent of police departments across the U.S. reported …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Police Misconduct, Police
Houston Police Cover up Crime Scene With Poor Investigation Techniques by Kevin Bliss by Kevin Bliss The Houston Police Department (“HPD”) is being accused of sloppy investigations surrounding the details of a warrant executed in January 2019, which resulted in the deaths of homeowners Dennis Tuttle and Rhogena Nicholas in …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Searches, Drug Testing
Colorado Supreme Court Announces Sniff by Drug Dog Trained to Detect Marijuana Now Constitutes a ‘Search’ Requiring Probable Cause by Dale Chappell by Dale Chappell Now that marijuana is legal in several states, does a sniff by a drug dog trained to detect marijuana (and other drugs) constitute a “search,” …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Searches, Search warrants
Tennessee Supreme Court Holds Judge Lacks Authority to Sign Search Warrant for Property Outside Court’s Jurisdiction by Dale Chappell by Dale Chappell The Supreme Court of Tennessee affirmed the tossing of evidence against nearly 100 defendants, after the Court agreed with the lower courts and held that a judge cannot …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Statistics/Trends, Police
Another Study Shows There’s No ‘War on Police’ by Bill Barton by Bill Barton "Currently, the ‘war on cops’ thesis is not supported by any evidence, and we apply the 50-year lens in this study to provide important context for understanding recent trends in officer deaths.” That’s the conclusion of …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Habeas Corpus
7th Circuit Instructs District Court to Grant Federal Prisoner’s Habeas Based on § 2255(e) Savings Clause by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit reversed a district court’s judgment and remanded with instructions to grant a federal prisoner’s 28 U.S.C. § 2241 habeas …
Article • August 21, 2019 • from CLN September, 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 • August 21, 2019 • from CLN September, 2019
Massive Outing of Nationwide Instances of Police Misconduct Revealed by Edward Lyon by Ed Lyon As reports of police abusing and even murdering citizens continues to rise over the years, databases of their misdeeds are emerging all over the U.S. These databases provide citizens with a great deal of transparency …
Article • August 21, 2019 • from CLN September, 2019
Massachusetts Supreme Judicial Court Explains Procedures of G. L. c. 278A and Rules That a Claim of Self-Defense Is a Claim of Factual Innocence by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts explained the procedures for filing and adjudicating a motion brought under G. L. c. …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Consent Decrees, DUI
Vermont Supreme Court Rules DUI Breath Test Subject to Voluntariness Challenge Despite Implied Consent Law by Mark Wilson by Mark Wilson The Supreme Court of Vermont held that the state’s implied consent statute does not bar a voluntariness challenge to a breath test. Every person who operates a motor vehicle …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Sentencing
California Court of Appeal Announces Defendant Convicted of Felony Accessory Is Eligible for Resentencing Under Proposition 64 by Douglas Ankney by Douglas Ankney In September 2013, William Roy Boatwright was arrested while exiting a house later discovered to contain 107 pounds of marijuana, 60 pounds of marijuana shake, a vacuum-sealing …
Article • August 21, 2019 • from CLN September, 2019
California Supreme Court Reverses Attempted Murder and Explains Elements Required For Kill Zone Theory Instruction by Anthony Accurso by Anthony Accurso  The Supreme Court of California clarified that the use of force that merely endangers everyone in an area is insufficient to support a kill zone theory instruction for attempted …
Article • August 20, 2019 • from CLN September, 2019
Filed under: Crime/Demographics
Oregon Supreme Court Holds ‘Attempt’ Requires Intent to Personally Participate in the Crime by Dale Chappell by Dale Chappell In order to be found guilty of an attempt to commit a crime, the defendant must have intended to personally participate in the crime, and the attempt to solicit another person …
Article • August 20, 2019 • from CLN September, 2019
Filed under: Wrongful Conviction
$13.1 Million Settlement Reached by Actor Framed for Murder by Douglas Ankney by Douglas Ankney The Board of Supervisors of San Francisco approved a settlement of $13.1 million in a claim brought by a man who had spent more than six years in prison after police framed him for murder. …
Article • August 20, 2019 • from CLN September, 2019
BOP Finally Implements First Step Act, Officially Releases 3,100 Prisoners Under ‘Good Conduct Time’ by Dale Chappell by Dale Chappell The long-awaited extra seven days of good conduct time (“GCT”) is finally being applied by the Bureau of Prisons (“BOP”), which will result in the official release of 3,100 prisoners …
Article • August 20, 2019 • from CLN September, 2019
Filed under: Trials
Colorado Supreme Court Announces That the People Cannot Withdraw From a Plea Agreement After the Trial Court Rejects Stipulated Sentence by Douglas Ankney by Douglas Ankney The Supreme Court of Colorado announced that the People cannot withdraw from a plea agreement after the trial court accepts the defendant’s guilty plea …
Article • August 20, 2019 • from CLN September, 2019
NYU Study Shows ‘Predictive Policing Systems’ Promote Bad Data, Bad Policing by Dale Chappell by Dale Chappell A New York University study shows that “predictive policing” does nothing to prevent crime but actually increases bad policing in cities already struggling with corrupt police forces. This means that in at least …
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