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Article • March 15, 2021 • from CLN April, 2021
Shifting View of Criminal Justice in U.S. by Jayson Hawkins by Jayson Hawkins Gallup began measuring American attitudes about criminal justice in 1992. As the U.S. was in the midst of a wave of media sensationalizing violent crime, it should come as no surprise that 83% of Americans in that …
Article • March 15, 2021 • from CLN April, 2021
Philadelphia Man Exonerated After Police Cover-Up Exposed by Casey Bastian by Casey J. Bastian On December 16, 2020, Termaine Hicks received what he calls “the best news I’ve heard in all my life.” Hicks learned that, after 19 years in prison for crimes he did not commit, he was finally …
Article • March 15, 2021 • from CLN April, 2021
New Jersey Man Wrongly Arrested Due to Flawed Face Recognition Match by Anthony Accurso by Anthony Accurso After being identified by faulty facial recognition software, a New Jersey man spent 10 days in jail and forfeited his savings to beat the charges. Nijeer Parks, 33, had two previous convictions for …
Article • March 15, 2021 • from CLN May, 2021
New Jersey Supreme Court Announces Adoption of Framework for Evaluating Discovery Motions Challenging Warrant Affidavits Based on Unidentified Confidential Informants by Douglas Ankney by Douglas Ankney The Supreme Court of New Jersey announced its adoption of the framework articulated by the California Supreme Court in People v. Luttenberger, 784 P.2d …
Article • March 15, 2021 • from CLN April, 2021
Faulty Forensics and Wrongful Convictions by Matthew Clarke by Matt Clarke Faulty forensics play a major role in causing known wrongful convictions in the United States. Just how big of a role the application of science to justice plays in sending the innocent to prison depends upon your definition of …
Seventh Circuit Affirms Vacatur of Death Sentence Based on Newly Discovered Evidence of Defendant’s Intellectual Disability by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit affirmed the U.S. District Court for the Southern District of Indiana’s vacatur of Bruce Carneil Webster’s death sentence based …
Article • March 15, 2021 • from CLN April, 2021
Seventh Circuit: Indiana’s Sex Offender Registration Act’s ‘Other Jurisdiction Requirement’ Unconstitutional Violation of Right to Travel by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit upheld U.S. District Court for the Southern District of Indiana’s opinion that found a provision of Indiana’s Sex Offender …
Article • March 15, 2021 • from CLN April, 2021
Ohio Supreme Court: Retroactive Application of Sexually Violent Predator Law Violates Ex Post Facto Clause by Dale Chappell by Dale Chappell The Supreme Court of Ohio held that applying a harsher version of the state’s sexually violent predator law (“SVP”) retroactively to criminal conduct that occurred prior to that newer …
Article • March 15, 2021 • from CLN April, 2021
Alabama Supreme Court Announces Testimony About Cell-Site Location Data Is ‘Scientific’ Expert Testimony, Not Lay, Triggering Daubert Analysis by Anthony Accurso by Anthony Accurso In its January 8, 2021, opinion, the Supreme Court of Alabama held that a law enforcement agent’s testimony about how historical cell-site data could be used …
Article • March 15, 2021 • from CLN April, 2021
Maryland Court of Appeals: MTA’s Fare Sweep Constitutes Suspicionless Seizure in Violation of Fourth Amendment by Douglas Ankney by Douglas Ankney The Court of Appeals of Maryland affirmed a decision of the Court of Special Appeals (“COSA”) that held police officers from the Maryland Transit Administration (“MTA”) violated Kennard Carter’s …
Article • March 15, 2021 • from CLN April, 2021
North Carolina Supreme Court: Judge May Not Reject Informed Guilty Plea Because Defendant Refuses to Admit He’s Factually Guilty by David Reutter by David M. Reutter The Supreme Court of North Carolina held a trial court erred in refusing to accept a criminal defendant’s tendered guilty plea because he refused …
Third Circuit: Brady Claims in Habeas Petitions Timely When Filed Within One Year of Date Reason to Believe Prosecutor Violated Duty To Disclose by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit determined that Dennis v. Sec’y, 834 F.3d 263 (3d Cir. 2016), altered …
Article • March 15, 2021 • from CLN April, 2021
Pennsylvania Supreme Court Announces Departure From SCOTUS’ Vehicle Exception to Warrant Requirement, Commonwealth’s Constitution Provides Greater Protections by Anthony Accurso by Anthony Accurso The Supreme Court of Pennsylvania held that the Article I, Section 8 of the Commonwealth’s Constitution affords greater privacy protections to drivers than the Fourth Amendment to …
Article • March 15, 2021 • from CLN April, 2021
California Court of Appeal: Lack of Notice of Filing Deadline Due Process Violation, Allowing Late Challenge to Erroneous Parole Designation by Dale Chappell by Dale Chappell The Court of Appeal of California, Fourth Appellate District, held that the lack of adequate notice of a time limit to challenge an erroneous …
Ninth Circuit Announces Un-Mirandized Statement Used in Criminal Proceeding Violates Fifth Amendment and Supports § 1983 Claim by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit held that the use of an un-Mirandized statement against a defendant in a criminal proceeding violates the defendant’s …
Massachusetts Supreme Court Announces ‘Habitual Offender’ Statute Allows for Sentence of Probation Only by Dale Chappell by Dale Chappell Because the law ambiguously provides that a court must impose the “maximum term” for a prison sentence for someone convicted as a “habitual criminal,” the Massachusetts Supreme Judicial Court, applying the …
Article • March 15, 2021 • from CLN April, 2021
Hawai’i Supreme Court Announces Clarification of When Self-Induced Intoxication Exception of HRS § 702-230 Applies by Matthew Clarke by Matt Clarke The Supreme Court of Hawai’i (SCH) held that a trial court erred when it ruled that the HRS § 702-230(1) prohibition against self-induced intoxication as a defense barred a …
Article • March 15, 2021 • from CLN April, 2021
Filed under: Mental Health
STAR Program Redirecting Mental Health Emergency Calls Away From Police a Success in Denver by Kevin Bliss by Kevin Bliss USA Today reports that Denver, Colorado, is showing success with a new program that directs emergency 911 calls that deal with mental health issues, drug abuse, and homelessness to a …
Article • March 15, 2021 • from CLN April, 2021
Kentucky Supreme Court Announces Appellate Standard of Review for Domestic Abuse Exemption to Violent Offender Parole Eligibility by Anthony Accurso by Anthony Accurso The Supreme Court of Kentucky clarified the meaning of the statute that allows a defendant to be eligible for parole after serving 20% of their sentence despite …
Fifth Circuit: Evidence of Simple Drug Possession Insufficient to Search Cellphone Photos for Evidence of Drug Trafficking by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fifth Circuit held that evidence of mere possession of drugs together with an officer’s generalized allegations regarding the behavior of …
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