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Article • January 15, 2021 • from CLN February, 2021
Ninth Circuit: Reasonable Suspicion Justifying Traffic Stop Doesn’t Provide Probable Cause to Open Door and Lean Inside Vehicle by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals ruled that reasonable suspicion permitting police to conduct a traffic stop did not provide police with probable cause to open the …
Article • January 15, 2021 • from CLN February, 2021
New York Court of Appeals Reverses Denial of Suppression Motion Where Prosecution Fails to Provide Specific Facts to Show Traffic Stop Was Lawful by Douglas Ankney by Douglas Ankney The Court of Appeals of New York reversed the decision of the appellate division that had affirmed a county court’s denial …
Article • January 15, 2021 • from CLN February, 2021
Illinois Supreme Court Announces Guilty Plea Doesn’t Bar Postconviction Claim of Actual Innocence and Provides Framework for Review by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Illinois held that a plea of guilty doesn’t bar a defendant from later asserting an actual …
Article • January 15, 2021 • from CLN February, 2021
Eleventh Circuit: District Court ‘Mischaracterizing’ Habeas Claim Left Claim Unresolved in Violation of Clisby, Requiring Remand by Dale Chappell by Dale Chappell In a case reiterating the Court’s hard rule that every claim must be addressed in a habeas petition before it is disposed, the U.S. Court of Appeals for …
New York Man Exonerated of Murder and Freed After 25 Years in Prison by Douglas Ankney by Douglas Ankney On November 19, 2020, New Yorker Jaythan Kendrick was exonerated of murder and freed from prison after serving 25 years. The Queens County Supreme Court vacated his 1995 conviction based on …
Article • January 15, 2021 • from CLN February, 2021
Federal Habeas Corpus: Retroactivity of New Rules by Dale Chappell by Dale Chappell Wouldn’t it be nice if the U.S. Supreme Court actually said when its decision constitutes a new rule and whether it applies retroactively? If only things were so easy. I remember the first time I heard a …
Article • January 15, 2021 • from CLN February, 2021
California Court of Appeal: Confrontation Clause Violation Where Supervisor, Not Lab Tech Who Performed Drug Tests, Testified at Trial by Anthony Accurso by Anthony Accurso The Court of Appeal of California, Fourth Appellate District, ruled that a defendant’s right to confront his accuser under the Six Amendment to the U.S. …
Article • January 15, 2021 • from CLN February, 2021
Fourth Circuit: Commercial Vehicle Permit Requirement Insufficient Grounds to Initiate Traffic Stop by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fourth Circuit held that a law enforcement officer lacked reasonable suspicion of illegality when he initiated a traffic stop of a commercial vehicle based solely …
Article • January 15, 2021 • from CLN February, 2021
Filed under: junk science
Audit of D.C. Forensics Lab Reveals History of Botched Forensic Analyses by Casey Bastian by Casey Bastian The District of Columbia Department of Forensic Sciences (“DFS”) is a $220 million facility built in 2012. Its construction was highly lauded and was expected to effectively process crime scene evidence. DFS is …
Article • January 15, 2021 • from CLN February, 2021
Michigan Voters Approve Constitutional Amendment to Protect Electronic Data and Communications by Anthony Accurso by Anthony Accurso On Election Night, November 3, 2020, Michigan voters approved a ballot measure amending the state constitution to add electronic data and communications to the category of items protected from unreasonable searches and seizures. …
Article • January 15, 2021 • from CLN February, 2021
Colorado Supreme Court: Dividing Multiple Images of Child Pornography Into Multiple Batches to Charge Multiple Counts Violates Double Jeopardy by Dale Chappell by Dale Chappell The Supreme Court of Colorado held on December 14, 2020, that dividing up multiple images of child pornography in order to charge a defendant with …
Article • January 15, 2021 • from CLN February, 2021
Fired San Francisco Cop Charged With Manslaughter for Fatally Shooting Unarmed Suspect by Dale Chappell by Dale Chappell The fired San Francisco Police Department (“SFPD”) officer who shot and killed an unarmed carjacking suspect in December 2017 faces multiple charges, including manslaughter, by the new district attorney who vowed to …
California Supreme Court Vacates Murder Conviction, Finds IAC for Failure to Obtain Expert Testimony on Time of Death by Dale Chappell by Dale Chappell In a case that hinged on the time of death to convict the defendant, the Supreme Court of California granted habeas corpus relief where defense counsel …
Article • January 15, 2021 • from CLN February, 2021
Sixth Circuit Vacates Sentence Because Government Failed to Prove Sentencing Enhancements Apply by Dale Chappell by Dale Chappell In a case where the Government failed to prove that firearm enhancements applied at sentencing, the U.S. Court of Appeals for the Sixth Circuit ruled that the U.S. District Court for the …
Brief • January 15, 2021
Filed under: Wrongful Conviction
In Re Watts Coordinated Pretrial Proceedings-Henry Thomas' Response to Dft's Partial Motion to Dismiss, Wrongful Conviction, 2021 Case: 1:19-cv-01717 Document #: 178 Filed: 01/15/21 Page 1 of 33 PageID #:1449 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION In re: WATTS COORDINATED PRETRIAL PROCEEDINGS …
Brief • January 14, 2021
Filed under: Excessive Force
Bowman v. Korte, IL, Settlement, Excessive Force, 2021 Information Sheet for Case Number Case# 15-3215 Official Case # 15-CV-3215-CSB Plaintiffs: Opposing Counsel: t nstitutions: IDOC# Case Filed Bowman, Carlos #8721181 v. Korte, et al. Defendants: Received Status 7 /29/15 1/28/16 Date Served closed Class Action On Appeal D Spears CJ …
Brief • January 13, 2021
Filed under: Wrongful Death
Alvarado v. County of San Bernardino, CA, Complaint, Wrongful Death, 2021 Case 5:20-cv-00592-DMG-SHK Document 20 Filed 01/13/21 Page 1 of 25 Page ID #:128 1 2 3 4 5 6 7 8 9 LAW OFFICE OF SHARON J. BRUNNER SHARON J. BRUNNER, ESQ. (CSBN:229931) 14393 Park Avenue, Suite 100 Victorville, …
Brief • January 12, 2021
Filed under: Wrongful Death
Carillo v. Buendia, TX, Settlement, Wrongful Death, 2021 Pagel of 5 H_ECEIVEO r.ou~ TYRitLEASE. WAIVER AND SETTLEMENT AGREEMENT TTJs JJo~Ji¾ierltcls!Ws48rth the terms and conditions of the Release, WaiVer and Settlement Agreement ("Agreement") between Releaser and Released Parties as herein defined. WHl:REAS "Releasor" means Armando Carrillo, Individually and as Representative of …
Brief • January 11, 2021
Nunez v. County of Santa Clara, CA, Complaint, Lack of Mental Care, 2021 ' - - - - ---=SU . .;;.;M = •-1..:... 00.;..., COURT USE ONLY SUMMONson First Amended Complaint~ - - - FOR (CITACION JUDICIAL) (SOLOPARAUSODELACORTE) ENDORSED NOTICE TO DEFENDANT: . (AVJSO AL DEMANDADO):COUNTY OF SANTA CLARA, a …
Publication • January 6, 2021
The Walworth County Jail Meets TLC - And Loss The Walworth County Jail Meets TLC - And Loses Bill Trine, Faculty Emeritus T his is an inspiring story of how two TLC lawyers used the discovery obtained during the representation of an individual client to then file a class action …
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