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Article • May 15, 2019 • from CLN June, 2019
Filed under: DNA Testing/Samples
McDNA: The DNA Testing Equivalent to Fast Food by Edward Lyon by Ed Lyon  In the late 1960s, Dr. Leonard McCoy of the science fiction television series Star Trek could wave a small device over a patient to find out all he needed to know about them. A similar device …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Sentencing
Kansas Supreme Court Overturns Sentence for Vindictiveness by Anthony Accurso by Anthony Accurso The Supreme Court of Kansas overturned a decision of the Court of Appeals and vacated the defendant’s sentence because the district court’s only reason for lengthening his sentence on remand was defendant’s successful appeal.  Wyatt G. Brown …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Fifth Amendment
Eighth Circuit: Misprision of Felony Conviction of Participant in Underlying Felony Violates Fifth Amendment by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eighth Circuit ruled that a defendant’s misprision of felony conviction for failing to report a felony in which the defendant was herself involved …
Article • May 15, 2019 • from CLN June, 2019
DEA Used Decades of Warrantless Phone Data in Building Parallel Construction Cases by Steve Horn by Steve Horn After a years-long federal court dispute, the Electronic Frontier Foundation (“EFF”) and Electronic Privacy Information Center (“EPIC”) won a Freedom of Information Act (“FOIA”) lawsuit, which forced the U.S. Drug Enforcement Administration …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Immigration
Sixth Circuit Holds IAC When Counsel Fails to Warn of Possibility of Deportation as Result of Plea Bargain by Dale Chappell by Dale Chappell In a case where defense counsel, the Government, and the court all dropped the ball and led a 28 U.S.C. § 2255 movant to believe he …
Article • May 15, 2019 • from CLN June, 2019
Filed under: DUI
Oregon Supreme Court: State Prohibited From Introducing Breath Test Refusal as Evidence of DUI by Mark Wilson by Mark Wilson The Supreme Court of Oregon held that the Oregon Constitution prohibits prosecutors from using a criminal defendant’s refusal to submit to a breath test as evidence against him in a …
Article • May 15, 2019 • from CLN June, 2019
Filed under: DUI
Intoxicated Driving Convictions for Non-Drinking Drivers by Edward Lyon by Ed Lyon The human body is an incredible machine. It heals itself from many injuries and illnesses. It turns food into calories that help build muscles and store fat for lean times. In some cases, a person’s body may even …
Article • May 15, 2019 • from CLN June, 2019
Appointed Defense Lawyers, Public Defenders: Overworked, Underpaid, Ineffective by Edward Lyon by Ed Lyon  The Sixth Amendment to the U.S. Constitution requires that all criminal defendants have a lawyer’s assistance to prepare and present a defense against whatever crime a prosecutor is accusing him or her of committing, as a …
Article • May 15, 2019 • from CLN June, 2019
Supreme Court of Delaware: Lawyer’s Mere Presence the Day of Trial Violates Sixth Amendment Under Cronic Standard by Chad Marks by Chad Marks The Supreme Court of Delaware held that a defendant’s Sixth Amendment right to assistance of counsel was violated by trial counsel’s near-total absence during the pretrial stage …
Article • May 15, 2019 • from CLN June, 2019
Sixth Circuit Rejects Kentucky Supreme Court’s Ruling That Defendant-Lawyers Are Never Without Counsel and Not Entitled to Faretta Hearing by Dale Chappell by Dale Chappell An experienced Kentucky trial attorney who found himself on the wrong end of counsel’s table was granted a new trial by the U.S. Court of …
Article • May 15, 2019 • from CLN June, 2019
NJ Supreme Court: Failure to Advise Suspect of Pending Charges Before Waiver of Right Against Self-Incrimination Requires Suppression of Statements by Douglas Ankney by Douglas Ankney The Supreme Court of New Jersey ruled that when police obtain a suspect’s waiver of his right not to incriminate himself before informing the …
Article • May 15, 2019 • from CLN June, 2019
First Circuit Vacates Revocation Sentence for Improperly Considering Rehabilitation by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the First Circuit vacated and remanded the revocation sentence of Adrián Vázquez-Méndez because the sentencing judge likely extended the sentence for the purposes of rehabilitation.  In 2001, Vázquez-Méndez pleaded …
Eighth Circuit Vacates Supervised Release Conditions Prohibiting Alcohol Consumption and Setting Curfew Not Contained in Plea Agreement by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Eighth Circuit reversed and vacated a federal prisoner’s special conditions of supervised release prohibiting the consumption of alcohol and setting …
Knowing Sexual Offense Facts Important; Paying Attention to Them Critical by Sandy Rozek by Sandy Rozek The Arkansas legislature recently passed a law imposing various restrictions on those who are on a sexual offense registry in regard to Halloween. The primary provisions make it a crime for anyone on the …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Trials, Sixth Amendment
Second Circuit Rules 68-Month Delay Violates Speedy Trial Clause by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit held that a delay of 68 months between arrest and trial violates the right to a speedy trial enshrined in the Sixth Amendment when most of …
Article • May 15, 2019 • from CLN June, 2019
Filed under: War on Drugs
Pennsylvania District Court Explores the Growing Conflict Between Federal Laws, Which Still Prohibit the Use of Any Amounts of Marijuana, and State Laws, Which Increasingly Authorize the Use of Medical Marijuana and Decriminalize the Use of Small Amounts by Punch & Jurists by Punch & Jurists In Bey, District Judge …
When Prosecuting Crimes by Police, Feds Appear to Move Slowly by Edward Lyon by Ed Lyon  In November 2013, Hickory, North Carolina, police Sergeant Robert George allegedly removed a woman driver from her auto and slammed her face-first onto the ground. She required corrective surgery.  Charged by local prosecutors in …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Searches, Search warrants
Unreasonable Delay in Obtaining Search Warrant after Lawful Seizure Requires Suppression of Evidence, Announces Georgia Supreme Court by Douglas Ankney by Douglas Ankney In a case of first impression for the Supreme Court of Georgia, it held that an unreasonable delay in obtaining a search warrant after items were lawfully …
Article • May 15, 2019 • from CLN June, 2019
Fourth Circuit: 9-Year Increase in Guidelines Range Due to Misclassification as Career Offender Warrants § 2241 Petition to Be Heard on Merits When § 2255 Relief Unavailable by David Reutter by David Reutter The U.S. Court of Appeals for the Fourth Circuit ruled that where an erroneous career offender designation …
Article • May 15, 2019 • from CLN June, 2019
Georgia Supreme Court Says Visually Impaired Defendant Entitled to Appointment of a Reader by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia held that due process requires the appointment of a person to read questions submitted by a visually impaired defendant. Richard Bishop was 76 years old when …
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