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How Arkansas Criminalizes Poverty by Jayson Hawkins by Jayson Hawkins Like millions of Americans, Teresa Hunter was hit hard by the financial repercussions of the coronavirus pandemic. But what the Hot Springs resident never imagined was that her temporary inability to afford housing could put her behind bars. Renters in …
Article • January 15, 2021 • from CLN February, 2021
California Law Enforcement Strikes Out in 2020 Elections by Kevin Bliss by Kevin Bliss The 2020 elections saw California police unions losing a lot of ground in their battle to hold power over a more liberal state perspective to criminal justice reform. Historically, law enforcement unions have been a powerful …
Article • January 15, 2021 • from CLN February, 2021
Filed under: Police Misconduct
Massive Corruption of a Baltimore Task Force Exposed by Casey Bastian by Casey Bastian We have turned a corner in America when it comes to the public automatically trusting in the nostalgic image of law enforcement. No longer can law enforcement just assume the mantle of the “good guys” who …
Article • January 15, 2021 • from CLN February, 2021
NYPD Agrees to Alter Religious Headwear Policy by Casey Bastian by Casey Bastian Jamilla Clark and Arwa Aziz were arrested on minor charges in 2017 by the New York Police Department (“NYPD”) – Clark in Manhattan and Aziz in Brooklyn. Clark and Aziz are devout Muslims who wear the appropriate …
Massachusetts Supreme Court Announces Requirement Prosecution Prove Defendant Knew Firearm Was Loaded Applies Retroactively by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts (“SJC”) concluded that the holding in Commonwealth v. Brown, 479 Mass. 600 (2018), which requires the Commonwealth to prove that a defendant knew a …
Prosecutors Who Demand Accountability From Everyone But Themselves by Casey Bastian by Casey Bastian When a criminal defendant enters a court of law, he or she is aware that the prosecutor intends to hold them accountable for any of their conduct alleged to have violated a law. The public implicitly …
Article • January 15, 2021 • from CLN February, 2021
Louisiana Supreme Court Vacates Murder Conviction for Speedy Trial Violation by Dale Chappell by Dale Chappell In a case where state prosecutors delayed retrying a defendant after his conviction was vacated, the Supreme Court of Louisiana held that the State’s delay violated the speedy trial rules and vacated the murder …
Article • January 15, 2021 • from CLN February, 2021
Staggering Injustice by Derek Gilna Experts Say Cross-Racial Eyewitness Identification Errors Are Widespread and Contribute to Thousands of Wrongful Convictions by Derek Gilna In a time where much of the American criminal justice system is justifiably under intense pressure to eliminate potential racial bias, there is at least one issue …
Article • January 15, 2021 • from CLN February, 2021
Fourth Circuit Announces Payton’s ‘Reason to Believe’ Standard for Entering a Third-Party’s Home Based on Arrest Warrant for Suspect Amounts to Probable Cause Suspect Resides There by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that the phrase “reason to believe the suspect …
Article • January 15, 2021 • from CLN February, 2021
First Circuit: Double Jeopardy Protections Bar Government From Seeking Death Penalty at Retrial Where Jury’s Verdict Not Imposing Death at First Trial Ambiguous, and Trial Court Prematurely Declared Mistrial by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit ruled that the Government is barred …
Article • January 15, 2021 • from CLN February, 2021
Kansas Supreme Court Clarifies State Law Does Not Preclude Consent to Search Through Nonverbal Conduct by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas clarified that state law does not require consent to search to be verbal and that nonverbal conduct may constitute consent under the totality of …
Article • January 15, 2021 • from CLN February, 2021
Eighth Circuit Announces ‘Use of Minor’ Enhancement Inapplicable for Merely Buying Firearm From Minor by Dale Chappell by Dale Chappell In a question of first impression, the U.S. Court of Appeals for the Eighth Circuit vacated an enhanced sentence that was based on the “use of a minor to commit …
Article • January 15, 2021 • from CLN February, 2021
Illinois Supreme Court Announces Predicate Offenses of Home Invasion Statute are Lesser-Included Offenses of Home Invasion Statute by Douglas Ankney by Douglas Ankney The Supreme Court of Illinois ruled that the predicate offenses of the home invasion statute, 720 ILCS 5/12-11 et seq., are lesser-included offenses of that statute. A …
Article • January 15, 2021 • from CLN February, 2021
Eleventh Circuit Announces Drug Offenses Involving Multiple Drugs Can Qualify as ‘Covered Offense’ Under First Step Act if Crack One of the Drugs by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eleventh Circuit held on December 9, 2020, that as long as one of the …
SCOTUS Vacates Grant of Habeas Relief, Citing Habeas ‘Deference’ to State Court Decisions by Dale Chappell by Dale Chappell In a decision highlighting the deference to state court decisions under the Antiterrorism and Effective Death Penalty Act (“AEDPA”), the Supreme Court of the United States held on December 14, 2020, …
Ninth Circuit: Rehaif Error Requires Automatic Dismissal of Indictment by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Ninth Circuit held on September 17, 2020, that the Supreme Court’s ruling adding a “knowing” element to a statute requires automatic dismissal of an indictment that lacked that …
Article • January 15, 2021 • from CLN February, 2021
Predator or Patsy? Long Sentences for Those Caught in Victimless Child Sex Stings by The internet age has brought a whole range of problems to go along with the marvels of convenience and efficiency. One of these problems stems from the “connectivity” so often touted as a benefit of social …
Sex Panic: The War on Sex Offenders as Public Enemy Number One by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Fueled by a “moral panic” that evolved through the 1990s and into the mid-2000s, the war on “sex offenders” paralleled the war on drugs and was slated to eventually replace …
Article • January 15, 2021 • from CLN February, 2021
Montana Supreme Court: Statistical Evidence on False Accusations of Rape Improperly Bolstered Witness Credibility by Anthony Accurso by Anthony Accurso The Supreme Court of Montana ruled that the district court abused its discretion and denied defendant a fair trial by allowing expert witness testimony on statistics about false reports of …
Article • January 15, 2021 • from CLN February, 2021
Fifth Circuit Vacates Sentence Eight Times Higher Than Guidelines Range That Was Imposed Without Explanation by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fifth Circuit vacated a nearly 20-year sentence after the U.S. District Court for the Western District of Texas cited what the Government …
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