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Kentucky Supreme Court Rules Parole Board’s Revocation Procedures Are Unconstitutional
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 …
7th Circuit Announces SORNA Requires Hybrid Approach in Comparing Underlying Conviction to Determine Tier Classification
Article • September 17, 2019 • from CLN October, 2019
Filed under: Sex Offender Registration and Notification Act
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”) …
Tenth Circuit Vacates Special Condition of Supervised Release That Gave Probation Officers Discretion to Ban Computer and Internet Usage
Article • September 17, 2019 • from CLN October, 2019
Filed under: Release and Reentry, Post-release, ex-offender, re-entry
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 …
Arrest for Shouting ‘F—k You’ to Arkansas Trooper Violates First and Fourth Amendments Rights, Eighth Circuit Rules
Article • September 17, 2019 • from CLN October, 2019
Filed under: Police, First Amendment, rights, Fourth Amendment, rights
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 …
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, …
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