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Article • July 16, 2019 • from CLN August, 2019
Filed under: Sentencing
SCOTUS Announces Death of ‘Categorical Approach’ by Invalidating 18 U.S.C. § 924(c)(3)(B) as Unconstitutionally Vague by Richard Resch by Richard Resch In announcing the end of 18 U.S.C. § 924(c)’s residual clause in defining certain “crimes of violence” while using or possessing a firearm for purposes of sentence enhancement, the …
Article • July 16, 2019 • from CLN August, 2019
Filed under: Searches, Police Searches
Massachusetts Supreme Judicial Court: Consent to Search Does Not Attenuate Seized Evidence From Taint of Illegal Search of CSLI by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts suppressed illegally obtained CSLI, ruling that the Commonwealth failed to meet its burden under the Fourth Amendment of proving …
Exonerations: From Wrongful Conviction to Release and Beyond by Edward Lyon by Ed Lyon  A state-sponsored formal religion in the U.S. is forbidden by the nation’s Constitution. Regardless, one part of the country’s ethos closely approaches a level of worship. That part is freedom. Enshrined in the Pledge of Allegiance …
Article • July 13, 2019
Filed under: Blood, Police, DUI
Miranda Violation Required Suppression of Oregon BAC Results by Mark Wilson by Mark Wilson The Oregon Court of Appeals held that a lower court improperly failed to suppress blood alcohol content ("BAC") evidence taken in  violation of a defendant's constitutional right to remain silent. Oregon police received information about someone …
Article • July 13, 2019
Filed under: Attorneys, Attorney
Possibility of Oregon Supreme Court Review Determined by Objective Considerations, Not Affidavits from Justices for IAC Prejudice by Mark Wilson by Mark Wilson The Oregon Supreme Court held that a lower court misapplied the prejudice prong of the ineffective assistance of counsel standard when it found petitioner’s claim “purely speculative” …
Article • July 12, 2019
Wrongful Death Suit Highlights 'Pattern' of Oregon Police Shooting Mentally Ill Homeless People by Mark Wilson by Mark Wilson  “Officer Samson Ajir violated police directives, and common sense, by engaging in a dangerous foot chase upon entry upon a scene where Mr. Johnson was in a mental health crisis. Officer …
Article • July 12, 2019
Oregon Crime Victims and Prosecutors Lose Fight to Bulletproof Draconian Sentencing Law by Mark Wilson by Mark Wilson The Oregon Supreme Court held that a legislative reduction of voter-approved mandatory sentences for repeat property offenders that was passed by a mere simple majority was not invalid. Since 1902, the Oregon …
Article • July 8, 2019
Oakland Police Department, of Officer-Involved Shooting, ‘Disappointing and Myopic’ by Kevin Bliss by Kevin Bliss The Oakland Police Department (“OPD”) has been under federal order to complete a comprehensive reform program since 2003 because of repeated allegations of excessive use of force. Retired New York Police Chief Robert Warshaw, who …
Article • July 7, 2019
Filed under: Classification, Attorneys
Tenth Circuit Discusses Standards for Armed Career Criminal Classification by David M. Reutter by David Reutter The U.S. Circuit Court of Appeals for the Tenth Circuit affirmed an Oklahoma federals district court's order vacating a sentencing classification as an armed career criminal. The court also affirmed the classification as a …
Article • July 7, 2019
Filed under: Bail, Bail Bonds
California’s Bail Reform Law Stymied by Big Business by Edward Lyon by Ed Lyon In August 2018, California’s legislature passed Senate Bill 10, designed to reform the state’s cash bail system. Cash bail is commonly associated by oppression of financially poor arrestees as a means to keep them incarcerated until …
Article • July 7, 2019
Idaho: ACLU Files Suit That Reveals Officials Misled Public About Costs Associated With Executions In State by Chad Marks by Chad Marks  The ACLU of Idaho brought a lawsuit after the Idaho Department of Corrections refused to turn over execution-related records to a University of Idaho law professor. Law professor …
Article • July 7, 2019
Filed under: Prison/Jail Murders, Police
Ohio Police Shoot Teen, Charge Girlfriend with his Murder by A Columbus, Ohio, SWAT team shot and killed a 16-year-old during an attempted robbery set up by police, and then charged his 16-year-old girlfriend with murder and robbery simply because she was there. Police said Julius Tate Jr. offered an …
Article • July 7, 2019
Snohomish County Pays $1 Million Settlement in Death of Man in Chemical Cloud by Douglas Ankney by Douglas Ankney Snohomish County, Washington, agreed to pay Michelle Vincent $1 million to settle her claim that the county killed her husband Michael with a chemical cloud. On April 21, 2011, Sergeant Rogers …
Article • July 7, 2019
Groups Challenge Face Recognition Algorithm in Florida Case by Kevin Bliss by Kevin Bliss The ACLU, the Electronic Frontier Foundation, the Georgetown Center on Privacy and Technology, and the Innocence Project have teamed up to battle the Florida court system over the constitutional right to confront a defendant’s accuser when …
FAMM, Washington Lawyers’ Committee, NACDL Launch Compassionate Release Clearinghouse by FAMM First Step Act paves the way for a massive pro bono effort to represent sick, dying, and elderly prisoners in court. The following is a press release from FAMM, June 19, 2019 WASHINGTON – Thousands of sick, dying, and …
Article • June 22, 2019
Unanimous Vermont Supreme Court Finds State Liable for Discriminatory Search and Seizure by Matthew Clarke by Matt Clarke Earlier this year, the Supreme Court of Vermont issued a 51-page unanimous decision holding that, under Article 11 of the Vermont Constitution, law enforcement is liable for discriminatory searches and seizures. On …
Article • June 22, 2019
Filed under: Private Contractors
Taxpayers Foot Bill After Man Beaten by Cops and Ignored by CMC Loses Leg by Dale Chappell by Dale Chappell Green Island, New York, taxpayers will pay $375,000 to settle a federal lawsuit after police there beat a man so badly his leg had to be amputated when jail medical …
Article • June 22, 2019
Study Questions the Reliance on Comparison Testimony at Trial by Dale Chappell by Dale Chappell  The FBI admitted that its hair-sample analysts were wrong 95 percent of the time when comparing hair samples in approximately 3,000 cases. This included 32 death penalty cases. A 2012 study by the Pennsylvania Innocence …
Article • June 22, 2019
Federal Court Upholds Antiquated Virginia Law Allowing Jail Time for Being Near Alcohol by Dale Chappell by Dale Chappell  An antiquated Virginia law that allows courts to label someone a “habitual drunkard,” permitting police to throw someone in jail for simply being near alcohol, was upheld by the U.S. Court …
Article • June 22, 2019
Filed under: Crime Labs
Caught by the Hair: New Forensic Tool Could Differentiate People by Douglas Ankney by Douglas Ankney A new study published by a team from the Lawrence Livermore National Laboratory (“LLNL”) in California concludes their method of proteomics sequencing of short, single strands of hair will revolutionize the forensic criminalistic science …
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