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Article • August 20, 2019 • from CLN September, 2019
SCOTUS: SOL Governing § 1983 Claim Asserting Fabrication of Evidence Begins to Run on Date Criminal Proceedings Are Terminated in Complainant’s Favor by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) held that the statute of limitations for Edward McDonough’s 42 U.S.C. § 1983 claim …
Article • August 19, 2019 • from CLN September, 2019
Filed under: Alternative Sentencing
Indiana Supreme Court Reduces 30-Year Prison Sentence to 23-Year Community Corrections Placement in Rare Case by Chad Marks by Chad Marks In August 2013, Lisa Livingston was arrested for various drug charges involving 3.35 grams of methamphetamine and one baggie of cocaine weighing 1.89 grams. Livingston posted a $75,000 property …
Article • August 19, 2019 • from CLN September, 2019
Filed under: Sentencing
New Jersey Supreme Court: Prosecution May Appeal Drug Court Sentence Only When Sentence Is Illegal by Douglas Ankney by Douglas Ankney The Supreme Court of New Jersey held that the State cannot appeal a “special probation Drug Court sentence” unless the sentence is illegal. Susan Hyland was driving drunk when …
Article • August 19, 2019 • from CLN September, 2019
Sixth Circuit: Prosecutor’s Numerous Improper Comments Constitute Flagrant Misconduct Depriving Defendants of a Fair Trial by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Sixth Circuit vacated the conviction of two defendants on possession with intent to distribute methamphetamine charges because the prosecutor’s numerous improper comments …
Article • August 19, 2019 • from CLN September, 2019
Fourth Circuit Reverses Lower Court for Giving Dispositive Weight to Plea Agreement Language Rather Than Fact-Based Evaluation of Weight of Evidence in IAC Claim by David M. Reutter by David M. Reutter The U.S. Court of Appeals for the Fourth Circuit ruled that an attorney rendered ineffective assistance of counsel …
Article • August 19, 2019 • from CLN September, 2019
Taking Notes Influences Jurors’ Verdicts by Douglas Ankney by Douglas Ankney Research from the University of Liverpool published in PLOS ONE reveals the impact notetaking by jurors has on their ability to recall evidence and on their verdicts. Participants in a study had their handwriting speed, short-term memory, working memory, …
Article • August 19, 2019 • from CLN September, 2019
Colorado Supreme Court Announces That Claims of Insufficient Evidence Not Preserved at Trial Are Subject to De Novo Review on Appeal by Douglas Ankney by Douglas Ankney In two separate cases, the Supreme Court of Colorado announced that claims challenging the sufficiency of evidence are to be reviewed de novo …
Article • August 19, 2019 • from CLN September, 2019
Filed under: Attorneys
Refusing to Permit Attorney to Make Offer of Proof Is Abuse of Discretion, Says Indiana Supreme Court by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana held that a superior court abuses its discretion when it refuses to allow an attorney to make an offer of proof when …
Article • August 19, 2019 • from CLN September, 2019
Filed under: Sentencing, Immigration
Change to New York Misdemeanor Definition May Benefit Non-Citizens by Michael Berk by Michael Berk New York’s new amendment to its penal code reduces the maximum sentence for Class A misdemeanor offenses to 364 days. The previous maximum punishment was one year in jail. The One Day to Protect New …
Article • August 19, 2019 • from CLN September, 2019
Filed under: DUI
Montana Supreme Court Rules Leaving a Brewery Doesn’t Provide Particularized Suspicion of DUI by Anthony Accurso by Anthony Accurso The Supreme Court of Montana held that facts leading up to the traffic stop at issue do not amount to the particularized suspicion required to initiate a lawful stop under Montana …
Article • August 19, 2019 • from CLN September, 2019
Massachusetts Supreme Court Holds Statute Requiring GPS Monitoring of Probationers Convicted of Sex Offenses Unconstitutional ‘as Applied’ by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts held that Massachusetts General Law, chapter 265, § 47 (“G.L. c. 265, § 47”), is overinclusive and is unconstitutional as applied …
Article • August 19, 2019 • from CLN September, 2019
Oregon Supreme Court: Claim Based on New Rule of Constitutional Law Cognizable in Untimely Oregon PCR Action by Mark Wilson by Mark Wilson The Supreme Court of Oregon held that an untimely post-conviction relief (“PCR”) action based on a new U.S. Supreme Court ruling is authorized under an “escape clause” …
Article • August 19, 2019 • from CLN September, 2019
Virtual Imprisonment as Big Brother Interactively Listens From Cradle to School to Prison to Parole to Grave by Edward Lyon by Ed Lyon In today’s world of technological marvels, electronic monitoring has far surpassed being useful merely to virtually imprison pretrial releasees and parolees. Nanotechnology has enabled parents to keep …
Article • August 19, 2019 • from CLN September, 2019
Filed under: Sentencing
Column: Obtaining Relief Under 'Davis' in the Wake of 'Johnson' by Dale Chappell by Dale Chappell The good news is that the Supreme Court of the United States has declared yet another residual clause unconstitutional. The not-so-good news is that the last time the Court did this, the lower courts …
Article • August 19, 2019 • from CLN September, 2019
Filed under: Searches, Police Searches
Seventh Circuit: Woman Answering Door of Suspect’s Residence Wearing Bathrobe Does Not Constitute Apparent Authority to Consent to Search by Chad Marks by Chad Marks The U.S. Court of Appeals for the Seventh Circuit asked itself an interesting question, viz.: “Is it reasonable for officers to assume that a woman …
Article • August 19, 2019 • from CLN September, 2019
The Role of Police Misconduct in Wrongful Convictions by Matthew Clarke by Matt Clarke Police misconduct takes on many forms, from unjustified violence, murder, torture, sexual assault, theft of evidence—usually cash or drugs—and extortion, to actively assisting or participating in organized crime. However, this article will focus on a narrow …
Article • August 8, 2019
Filed under: DNA Testing/Samples
Law Enforcement Access To Consumer Genetics Needs to Be Closed by Bill Barton by Bill Barton The United States. is well on the way to establishing a de facto national database, according to an article presented by Future Tense — a partnership of Slate, New America, and Arizona State University — …
Article • August 8, 2019
San Francisco launches experiment to curb racial bias by San Francisco is taking a step toward making justice colorblind. The city is using artificial intelligence to strip police reports of identifying details, such as a suspect’s name, race and hair and eye color; his or her neighborhood and district and …
New Tennessee Legislation Will Destroy Hundreds, Probably Thousands, of Families by Sandy Rozek by Sandy Rozek, NARSOL In some of our border states, children sit in detention camps, taken from their parents and held for a reason deemed good by some in our society. Half the country away in the …
Article • July 30, 2019
Scientific Experts Urge Forensic Experts to Be More Objective by Dale Chappell by Dale Chappell Scientific experts have long relied on objectivity to reach conclusions—the ability to prove repeatedly the outcome of an analysis no matter who’s doing the analysis. Forensics experts, on the other hand, have long relied on …
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