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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 …
Article • March 15, 2021 • from CLN April, 2021
New Drone Tech Being Deployed by Police by Anthony Accurso by Anthony Accurso Law enforcement use of unmanned aerial vehicles, UAVs or “drones,” became more common during the pandemic and nationwide protests, but new drone technology being deployed by police departments has troubling implications for civil rights. Chula Vista, a …
Article • March 15, 2021 • from CLN April, 2021
California Supreme Court Announces SB 1437 Bars Second-Degree Murder Based on Natural and Probable Consequences Doctrine by Douglas Ankney by Douglas Ankney The Supreme Court of California held that Senate Bill 1437 (2017-2018 Reg. Sess.) (“SB 1437”) bars a conviction for second-degree murder predicated on the natural and probable consequences …
Article • March 15, 2021 • from CLN April, 2021
Pennsylvania Supreme Court: Officer Testified as Expert on Child Sexual Abuse Without First Being Qualified and 42 Pa.C.S. § 5920 Overruled Dunkle by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania held that a police officer testified as an expert without first being qualified by the court at …
Article • March 15, 2021 • from CLN April, 2021
"Kentucky Supreme Court: Hearing on Defense Counsel’s Fitness Is Critical Stage at Which Defendant Has Right to Be Present With Conflict-Free Counsel" by Douglas Ankney by Douglas Ankney The Supreme Court of Kentucky ruled that an in-chambers hearing held to address questions surrounding defense counsel’s fitness to proceed is a …
Article • March 15, 2021 • from CLN April, 2021
D.C. Circuit: Differing Counsel Effectiveness Findings Create Possible Injustice in Wired Plea Offer by David Reutter by David M. Reutter Having a fall partner presents many hazards when faced with law enforcement interrogations or during court proceedings. One of those hazards is when the Government offers a plea bargain that …
Brief • March 15, 2021
Filed under: Wrongful Death
Estate of Manuel Verdugo v. City of El Centro, CA, Plaintiff's Opposition to Dft's Motion to Dismiss Complaint, Wrongful Death, 2021 Case 3:20-cv-02458-W-KSC Document 19 Filed 03/15/21 PageID.218 Page 1 of 33 1 2 3 4 5 6 7 8 Jorge González (CBN 100799) A PROFESSIONAL CORPORATION 2485 Huntington Drive, …
Brief • March 12, 2021
Lieberman v. Portage County, WI, Judgment, Violation of Surveillance Act, 2021 Case: 3:18-cv-00450-jdp Document #: 149 Filed: 03/12/21 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRJCT OF WISCONSIN BRETT LIEBERMAN, individually and on behalf of all others similarly situated, Plaintiff, v. PORTAGE COUNTY, MIKE …
Brief • March 9, 2021
Filed under: Excessive Force
Jackson v. San Mateo County, CA, Settlement, Excessive Force, 2021 CONFIDENTIAL GENERAL RELEASE AND SETTLEMENT AGREEMENT This Confiden ial General Release and Se lemen Agreemen Agreemen is en ered into as of the Effective Date of this Agreement as defined herein, by and between the County of San Mateo he …
Brief • March 5, 2021
Filed under: Centurion, Malpractice
Pino v. Centurion Correctional Healthcare of New Mexico, LLC, et al., NM, Complaint, Medical Malpractice, 2021 Centurion 001939 STATE OF NEW MEXICO COUNTY OF SANTA FE FIRST JUDICIAL DISTRICT COURT CHRISTOPHER PINO, FILED 1st JUDICIAL DISTRICT COURT Santa Fe County 3/5/2021 4:05 PM KATHLEEN VIGIL CLERK OF THE COURT Marquel …
Brief • March 3, 2021
Estate of Jackson Maes v. Board of County Commissioners of the County of Saguache, CO, Complaint, Wrongful Death, 2021 Case 1:21-cv-00628-NRN Document 1 Filed 03/03/21 USDC Colorado Page 1 of 36 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 1:21-cv-628 Civil Action No. _________________ SARAH LIEBERENZ, Individually …
Brief • March 3, 2021
Filed under: Centurion, Malpractice
Wilson v. Centurion Correctional Healthcare of New Mexico, LLC, et al., NM, Settlement Agreement, Medical Malpractice, 2012 Centurion 003247 RELEASEINFULLANDSETTLEMENTAGREEMENT THIS RELEASE IN FULL AND SETTLEMENT AGREEMENT ("Agreement,,) is executed this -3_ day of M A: 1t..--Cf1 2021, by Gerald Wilson and his wife, Victoria Wilson. RECITALS A. Gerald Wilson …
Brief • March 3, 2021
Lewis v. Wexford, IL, Settlement, Medical Neglect, 2021 Information Sheet for Case Number Case# 17-5272 Official Case# 17-CV-5272 Institu tions: Filed Lewis, Brian #R60592 v. Wexford Health Sources, Inc., et al. Plaintiffs: Op pos ing Counsel: Case Name IDOC# Defendants: Date Served Received 8/23/17 Status 10/2/17 closed Class Action On …
Brief • February 24, 2021
Clay v. Pfister, IL, Settlement, Conditions of Confinement, 2021 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION WILLIE CLAY, ) ) ) Plaintiff, ) Case no. 16-cv-5748 ) ) v. ) RANDY PFISTER, Honorable Andrea R. Wood ) ) ~--1:l,-- .--------- -----------. ------------~~- . …
Brief • February 23, 2021
Filed under: Centurion, Malpractice
Finch v. Centurion Correctional Healthcare of New Mexico, LLC, et al., NM, Settlement Agreement, Medical Malpractice, 2021 02/24/202 1 002992 10:25 Centurion 5053340500 THOMAS_PAYNE PAGE RELl:ASE IN FULL AND SETTLlsMENT AGRJJ:EMENT THIS REL~E IN FULL AND SETTLEM ENT AGREEM ENT is executed this ft,~ day of J:'.!Q;§(l!'Gl!L '---7 2. .5 …
Brief • February 23, 2021
Hunt v. The Geo Group, Inc., et al., NM, Amended Complaint, Wrongful Death (Medical), 2021 Centurion 001920 FILED 1st JUDICIAL DISTRICT COURT Santa Fe County 2/23/2021 2:04 PM KATHLEEN VIGIL CLERK OF THE COURT Faith Griego STATE OF NEW MEXICO COUNTY OF SANTA FE FIRST JUDICIAL DISTRICT COURT LEE HUNT, …
Brief • February 19, 2021
Filed under: Detainers - Generally
Giroir v. Leblanc, LA, Class Action Complaint, Overdetaining, 2021 Case 3:21-cv-00108-JWD-SDJ Document 1 02/19/21 Page 1 of 21 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA JOEL GIROIR, on behalf of himself and all similarly situated individuals, Plaintiff, CIVIL ACTION NO. 21-cv-108 v. CLASS ACTION JAMES LEBLANC, in his official …
Article • February 16, 2021
Session’s Directive to Seek Harshest Sentencing Rescinded by by Kevin Bliss Acting Attorney General Monty Wilkinson recently issued a memo to the Department of Justice (DOJ) rescinding a Trump-era policy of seeking the highest charges and the longest sentence possible for offenders in all criminal cases. In 2013, Former Attorney …
Article • February 15, 2021 • from CLN March, 2021
Kansas Supreme Court: Wrong Standard Used in Review of Plea Withdrawal Motion Requires Remand by David Reutter by David M. Reutter The Supreme Court of Kansas held that when an appellate court determines a district court abuses its discretion by applying the wrong legal standard to its consideration of a …
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