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Article • May 15, 2020 • from CLN June, 2020
Second Circuit: Habeas Petition Not Moot Where It Attacked Inactive Original Order That Gave Rise to Current Active Order Restraining Petitioner’s Liberty by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit held that a habeas petition is not moot where it attacks an earlier …
Article • May 15, 2020 • from CLN June, 2020
Filed under: junk science
How Old Is That Fingerprint? by Douglas Ankney by Douglas Ankney While forensic scientists have, for more than a hundred years, been able to opine that a fingerprint came from a particular person, the limitations of science did not permit them to state when the fingerprint was left by that …
Article • May 15, 2020 • from CLN June, 2020
Filed under: junk science
Interpreting Emojis as Court Evidence by Anthony Accurso by Anthony Accurso Emojis on cellphones and other digital devices have advanced their popularity as a way to express emotion. It should be no surprise then that their ubiquity has brought them into court cases. However, the accepted meanings of the emojis …
Filing • May 13, 2020
Filed under: Settlements, Censorship
HRDC v. County of Tehama, CA, Consent Decree, Censorship, 2020 Case 2:20-cv-00359-WBS-DMC Document 23 Filed 05/13/20 Page 1 of 7 1 SANFORD JAY ROSEN – 062566 JEFFREY L. BORNSTEIN – 099358 2 ERNEST GALVAN – 196065 LISA ELLS – 243657 3 BENJAMIN BIEN-KAHN – 267933 ROSEN BIEN GALVAN & GRUNFELD …
Filing • April 28, 2020
HRDC v. ICE, D.C., Settlement, Public Records, 2019 SETTLEMENT AGREEMENT By and through their respective counsel, Defendant U.S. Immigration and Customs Enforcement (“Defendant”) and Plaintiff Human Rights Defense Center (“Plaintiff’) (collectively, the “Parties”) hereby agree to settle and compromise the civil action captioned, Human Rights Defense Center v. U.S. Immigration …
Article • April 15, 2020 • from CLN May, 2020
Filed under: junk science
Fingerprint Analysis: High Stakes, Low Qualifications by Jayson Hawkins by Jayson Hawkins Forensic science was long considered a foolproof means of analyzing evidence to determine the identity of individuals involved in a crime or their methods of committing it. If the people in the lab applied their technical expertise to …
Article • April 15, 2020 • from CLN May, 2020
DNA Contamination Threatened Conviction of Innocent Man by Kevin Bliss by Kevin Bliss The NYC Medical Examiner’s office (“ME”) reviewed the DNA analysis procedure in a burglary case that was the only evidence used to charge Darrell Harris with the crime. They found that the DNA sample could have been …
Article • April 15, 2020 • from CLN May, 2020
Advanced DNA Technology Helps Free Innocent Georgia Man After Nearly 18 Years in Prison by Edward Lyon by Ed Lyon On January 8, 2020, Kerry Robinson began the New Year and a new life as he left Georgia’s Coffee Correctional Facility a free man. He had spent nearly 18 years …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Trials, Wrongful Conviction
Rhode Island Supreme Court Reverses Conviction Due to Prosecutor’s Remarks and Jury Consideration of Inadmissible Evidence by Douglas Ankney by Douglas Ankney The Supreme Court of Rhode Island vacated the first-degree child molestation sexual assault conviction against Henry G. Bozzo due to a remark made by the prosecutor during closing …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Costs
Ohio Supreme Court: Ineffective Assistance of Counsel Analysis Applies to Failure to Seek Waiver of Court Costs by David M. Reutter by David M. Reutter The Supreme Court of Ohio held that when trial counsel fails to request a waiver of costs on behalf of a defendant who has previously …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Appeals, Sentencing
Kansas Supreme Court: Claim of Illegal Sentence Raised for First Time on Appeal Entitled to Merits Review by Michael Berk by Michael Berk The Supreme Court of Kansas held that a court of appeals must consider a claim that a criminal defendant’s sentence is illegal even when raised for the …
Article • March 18, 2020 • from CLN April, 2020
Filed under: junk science
The Faulty Science of Breathalyzers by Jayson Hawkins by Jayson Hawkins  The forensic sciences, once believed to offer infallible evidence against a wide spectrum of crimes, have in many instances been exposed as little more than smoke and mirrors.  To the growing list of faulty, misleading, or disproven methods can …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Jury Instructions, Trials
Maryland Court of Appeals Announces, When Requested, Trial Courts Must Ask During Voir Dire Whether Jurors Will Follow Court’s Instructions on Presumption of Innocence, Burden of Proof, and Right Not to Testify by Douglas Ankney by Douglas Ankney On January 24, 2020, the Court of Appeals of Maryland announced that …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Trials
Third Circuit: Confrontation Clause Violated When Jury Is Told ‘Other Guy’ Referenced in Non-Testifying Codefendant’s Statement Is the Defendant by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit ruled that Arthur Johnson’s right to confront his accusers was violated when his non-testifying codefendant’s statement …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Trials
Georgia Supreme Court Overrules 50 Years of Jurisprudence and Announces Courts Are to Consider Cumulative Prejudice of Trial Court and Counsel Errors by Douglas Ankney by Douglas Ankney On February 10, 2020, the Supreme Court of Georgia unanimously ruled that reviewing courts are to consider the cumulative effect of trial …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Jury Instructions
Michigan Supreme Court: Defendant Entitled to Self-defense Jury Instruction by David M. Reutter by David M. Reutter The Supreme Court of Michigan held a trial court erred in denying a defendant’s request for a self-defense instruction on the basis that a defendant who claims another person committed the homicide is …
Article • March 18, 2020 • from CLN April, 2020
Filed under: junk science
Expert’s Burn-Pattern Conclusions Flawed by David M. Reutter by David M. Reutter The admission of expert opinion based on science is powerful evidence that is supposed to assist the jury in determining the truth surrounding an event. When a flawed opinion comes into play, the scales of justice become tilted. …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Trials
Connecticut Supreme Court Clarifies Standard of Review for Confrontation Clause Claims; Reverses and Remands for a New Trial by Douglas Ankney by Douglas Ankney The Supreme Court of Connecticut clarified the standard of review for claimed violations of the Sixth Amendment’s Confrontation Clause and reversed the judgment of the Appellate …
Filing • February 24, 2020
HRDC v. Sandoval County, NM, Release of Liability, Public Records, 2019
Article • February 19, 2020 • from CLN March, 2020
Filed under: Jury Instructions
Mississippi Supreme Court Abolishes ‘Pre-Arming’ Jury Instruction by Dale Chappell by Dale Chappell The Supreme Court of Mississippi held on January 9, 2020, that a pre-arming jury instruction was wrongfully given in a shooting death case and further held that no court in the state may ever again issue a …
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