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Article • June 17, 2019 • from CLN July, 2019
Killer Cops and Vilified Victims by Jayson Hawkins by Jayson Hawkins In Pericles’ famous funeral oration (circa 430 BC), the classical Greek statesman exhorted his audience never to speak ill of the dead. His advice has been considered part of basic human decency ever since--unless one happens to be a …
Ohio Mayor’s Courts Are Huge Sources of Unjust Revenues by Edward Lyon by Ed Lyon U.S. jurisprudence generally strives to avoid conflicting interests and even the appearance of impropriety. This practice apparently does not apply to the system of mayor’s courts in Ohio. Reminiscent of ancient Star Chamber of England, …
Article • June 17, 2019 • from CLN July, 2019
In a Rare Move, California Court of Appeal Discharges Prisoner from All Forms of Custody, Including Parole, After Finding Time Served in Prison Grossly Disproportionate to His Offense by Douglas Ankney by Douglas Ankney The Court of Appeal of California, First Appellate District, discharged William E. Palmer II from all …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Searches
Fourth Circuit Tosses Evidence Discovered by Illegal GPS Tracker by Dale Chappell by Dale Chappell A GPS tracker illegally placed on a car by a Metropolitan Drug Enforcement Network Team (“MDENT”) agent was a “flagrant” constitutional violation that requires exclusion of the evidence, the U.S. Court of Appeals for the …
Article • June 17, 2019 • from CLN July, 2019
Hawai’i Supreme Court: Cumulative Effect of Multiple Instances of Prosecutorial Misconduct Requires Reversal by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i reversed the murder conviction of Iosefa Meafua Pasene due to the cumulative effect of multiple instances of prosecutorial misconduct. In the early morning hours of March …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Trials
D.C. Circuit Holds Expert’s False Testimony ‘Material,’ Allowing Challenge to Four-Decade-Old Murder Conviction by Dale Chappell by Dale Chappell The Government’s key expert’s false hair-comparison testimony that likely swayed a jury to convict was held to be “material” because it was the primary piece of evidence to contradict the defense …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Gang Policies
Ninth Circuit Rules Robbery Committed Alone by Gang Member Not Enough for California Gang Enhancement, Despite Testimony of Gang Expert by Dale Chappell by Dale Chappell A law enforcement expert on gangs testifying that a robbery committed by a lone gang member without any evidence tying the robbery to the …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Crime/Demographics
Fourth Circuit Rules Assault on Government Official Under North Carolina Statute Not a ‘Crime of Violence’ by Chad Marks by Chad Marks The U.S. Court of Appeals for the Fourth Circuit ruled that Tomonta Simmons’ conviction for assault with a deadly weapon on a government official (“AWDWOGO”) under N.C. Gen. …
Article • June 17, 2019 • from CLN July, 2019
Eighth Circuit: Forfeited Claim of Miscalculated Criminal History Score Is Reviewable Under Plain Error Standard by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eighth Circuit held that the forfeited claim of a miscalculated criminal-history score is reviewable for plain error. Barthman pleaded guilty to one …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Police Misconduct, Police
Violence in the House: Studies Find Cops’ Families Live Dangerous Lives by Edward Lyon by Ed Lyon More and more instances of abuse, torture, and murders of civilians by police are coming to light. These acts of domestic terror by the very homefront warriors who are sworn to protect and …
Article • June 17, 2019 • from CLN July, 2019
Ohio Supreme Court: Plea Defendant Must Be Informed of Maximum Penalty for Postrelease-Control Violation Prior to Pleading Guilty to a New Felony by David Reutter by David Reutter The Supreme Court of Ohio held that a plea court must “advise a criminal defendant on postrelease control for a prior felony, …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Police Misconduct, Police
Police Avoid Negative Publicity by Routinely Withholding Body-Cam Footage by Kevin Bliss by Kevin Bliss Law enforcement agencies are being criticized because they routinely refuse to release footage from body cams and police vehicle dashboard cams. They cite ongoing investigations, sensitive information, or exemption under the Freedom of Information Act …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Attorneys, Immigration
Indiana Supreme Court: IAC Where Lawyer Marks ‘Not Applicable’ to Immigration Consequences Warning on Court’s Advisement Form Without Knowing Client’s Immigration Status by David Reutter by David Reutter The Supreme Court of Indiana held an attorney rendered ineffective assistance by affirmatively marking ‘not applicable’ to an immigration consequences warning on …
Article • June 17, 2019
Filed under: Trials
New Jersey Supreme Court Holds Months-Long Delay Between Interrogations Not a ‘Break in Custody’ to Avoid Miranda Rights for Pretrial Detainee by Dale Chappell by Dale Chappell Concluding that there is a difference between those in prison and those in pre-trial detention, the Supreme Court of New Jersey held that …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Trials
Hawai’i Supreme Court Announces New Rule Requiring Tachibana Colloquy in All Trials by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i announced a new rule beginning April 10, 2019, that all trial courts are required to conduct an on-the-record colloquy regarding the right to testify or to not …
Article • June 17, 2019 • from CLN July, 2019
Kansas Supreme Court: Correcting Illegal Sentence After Fully Served Violates Prohibition Against Double Jeopardy by Matthew Clarke by Matt Clarke In a case of first impression, the Supreme Court of Kansas held it was double jeopardy to correct the sentence of a man who was convicted of aggravated sexual battery—to …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Probation
Missouri Supreme Court Issues Writ of Prohibition Prohibiting Circuit Court From Revoking Probation After Probation Term Had Already Expired by Douglas Ankney by Douglas Ankney On December 11, 2014, the circuit court sentenced Travis Jones to 10 years in prison following his guilty plea to one count of felonious restraint. …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Self Incrimination
Forced Self-Incrimination by Larry N. by Larry N., NARSOL Maybe authorities will finally accept that the Fifth Amendment of the United States Constitution really protects individuals from compelled self-incrimination. At least it does in the state of Indiana, according to the United States Court of Appeals for the Seventh Circuit. …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Trials
Second Circuit Holds Government’s Misleading Disclosure of Inculpatory Statement Requires New Trial by Dale Chappell by Dale Chappell The U.S. Circuit Court of Appeals for the Second Circuit ruled that the Government’s inaccurate pre-trial disclosure under Rule 16(a)(1)(A) of the Federal Rules of Criminal Procedure to defense counsel, which prompted …
Article • June 17, 2019 • from CLN July, 2019
Prosecutorial Power Used Too Often to Stop Prisoners From Getting Second Chance at Life by Chad Marks by Chad Marks Alexander Hamilton once described the reasons for the existence of clemency as those of humanity and good policy. Both clemency and parole reflect a commitment to the ancient value of …
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