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Article • May 15, 2019 • from CLN June, 2019
The Holloway Doctrine and First Step Act: Federal Judge Issues Order Urging Government to Dismiss One of Two 18 U.S.C. §924(c) Stacking Convictions by Chad Marks by Chad Marks February 4, 2003, forever changed my life. That’s when, at the age of 24, the federal government charged me with numerous …
Portion of Illinois Sex Offender Law is Unconstitutional by Douglas Ankney by Douglas Ankney U.S. District Judge Virginia Kendall of Chicago ruled that it is unconstitutional for Illinois to hold sex offenders in prison after their release date when they are so poor they cannot find a home placement that …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Trials
Third Circuit: Reason for Continuance Must be Given to Exclude Delay from 70-Day Limit of Speedy Trial Act or Dismissal of Indictment by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit ruled that a district court must state the factual basis for a continuance …
Article • May 15, 2019 • from CLN June, 2019
First Circuit: FBI’s Ruse Claiming National Emergency to Obtain Consent to Search Held Unlawful by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit held that a search wherein FBI agents lied about an emergency in order to gain consent to search a suspect’s computers …
Article • May 15, 2019 • from CLN June, 2019
Illinois Supreme Court: Warrantless Dog Sniff of Apartment Front Door in Locked Building Violates Fourth Amendment by David Reutter by David Reutter Physically intruding on the cutilage of an apartment to conduct a dog sniff of the threshold is a violation of the Fourth Amendment, the Illinois Supreme Court held. …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Sentencing
Fourth Circuit Rules District Court Must Provide Individualized Rationale When Denying Motion for Sentence Reduction by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit ruled that a district court must provide its rationale when denying a motion seeking a sentence reduction pursuant to 18 …
Article • May 15, 2019 • from CLN June, 2019
Suspected Mishandling of DNA Tests Puts Cases on Hold in Fort Worth, Texas by Michael Berk by Michael Berk The Tarrant County District Attorney’s Office has put 117 criminal cases on hold in response to suspected misconduct involving DNA testing by a Fort Worth forensic scientist. On February 27, 2019, …
Misconduct by prosecutors is rampant — how do we deter it? by Mike Fawer by Mike Fawer, The Lens, Opinion https://thelensnola.org/2019/04/11/misconduct-by-prosecutors-is-rampant-how-do-we-deter-it/ I have been involved in the criminal justice system for almost 60 years, initially as a federal prosecutor, but for the greater portion of my career as a criminal …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Wrongful Conviction
Nebraska’s Beatrice Six Will Collect $28.1 Million Jury Award by Edward Lyon by Ed Lyon  Popular country music singer Charlie Daniels’ first hit was a song called The Ballad of the Uneasy Rider. The singer-narrator told a story about a hippy who barely escapes a redneck bar and was so …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Police, Constitution, state
Connecticut Supreme Court Rejects Davis and Announces State Constitution Requires Police to Clarify Ambiguous Request for Counsel Before Continuing Interrogation by Douglas Ankney by Douglas Ankney The Supreme Court of Connecticut held that the state constitution requires police to clarify an ambiguous request for counsel before continuing to interrogate a …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Habeas Corpus
Habeas Hints: Discovery on Habeas Corpus by Kent Russell, Tara Hoveland by Attorneys Kent Russell and Tara Hoveland This column provides “Habeas Hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on “AEDPA,” the federal …
Article • May 15, 2019 • from CLN June, 2019
Flipping the Bird, Even Toward a Cop, Is a Constitutionally Protected Right by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit affirmed that raising one’s middle finger without the four other fingers showing is an expression protected by the First Amendment. In doing so, …
Article • May 15, 2019 • from CLN June, 2019
Prosecutors Dropping Child Porn Charges After Software Tools Are Questioned by Jack Gillum More than a dozen cases were dismissed after defense attorneys asked to examine, or raised doubts about, computer programs that track illegal images to internet addresses. by Jack Gillum, ProPublica Using specialized software, investigators traced explicit child …
Article • April 22, 2019
New Mexico AG’s 4-Year Non-Disclosure of Public Records Triggers $100 a Day Statutory Damages by Mark Wilson by Mark Wilson The New Mexico Court of Appeals held that the state was required to pay statutory damages of $100 per day for a four-year non-disclosure of requested public records. Longtime animal …
$25,000 Settlement Over Connecticut False Arrest and Malicious Prosecution Claims by Mark Wilson by Mark Wilson The City of Norwalk, Connecticut, paid $25,000 to settle false arrest and malicious prosecution claims against a Norwalk Police Department (NPD) detective. On October 3, 2013, Robert Ragsdale complained to the NPD that he …
$160,000 Paid by Norwalk, Connecticut, to Settle Police Beating of COPD Patient by Mark Wilson by Mark Wilson The City of Norwalk, Connecticut, paid $160,000 to settle false arrest and excessive force claims against several Norwalk Police Department (“NPD”) officers. At about 5:40 a.m., on September 8, 2011, William Irwin …
Article • April 13, 2019
California Police Unions Balk at New Law Requiring Transparency in Officer-Involved Shootings and Use-of-Force Incidents by Chad Marks by Chad Marks California police unions are bringing their fight against a new transparency law -- Senate Bill 1421 -- to the courts, suing local governments in what looks like a losing …
Article • April 12, 2019 • from CLN May, 2019
Filed under: News in Brief
News in Brief by California: Thanks to the state’s new police accountability law, Californians know more about police misconduct. For example, public records show former Fairfield Police Officer Joe Griego had a history of harassment complaints by women at Paradise Valley Golf Course, where they dubbed him “creepy Joe.” According …
Article • April 12, 2019 • from CLN May, 2019
Florida Deputy Falsifies Drug Field-Test Results, Freeing 11 From Jail by Edward Lyon by Ed Lyon  Steven O’Leary was a preacher before switching his career to law enforcement. The career-changing, job-hopping cop held jobs at two different departments before being hired as a deputy with Florida’s Martin County Sheriff Department …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Police Misconduct, Police
Police Not Required to Protect; Are They Required to Serve? by Matthew Clarke by Matt Clarke At a recent hearing, former Broward County, Florida, Sheriff’s Deputy Scot Peterson claimed that he had no legal duty to protect the children inside the Parkland high school he was assigned to while Nikolas …
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