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Article • April 12, 2019 • from CLN May, 2019
Filed under: Sixth Amendment
Delaware Supreme Court: ‘The Sixth Amendment Demands More Than the Presence the Morning of Trial of a Warm Body With a Law Degree’ by Douglas Ankney by Douglas Ankney The Supreme Court of Delaware ruled that an attorney’s limited pretrial contact deprived a defendant of effective assistance of counsel. Everett …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Defenses
Deadly Force Mindset as Justifiable Defense Questioned by Kevin Bliss by Kevin Bliss The science of neurobiology and neuropsychology used to defend officers in shooting incidents has been described as arbitrary at best. Many experts contend there simply is not enough peer-reviewed material to substantiate it as an exculpatory defense. …
Article • April 12, 2019 • from CLN May, 2019
L.A. County Wipes Out Almost $90 Million in Debt for Juvenile Detention Fees by Dale Chappell by Dale Chappell It has been illegal for Los Angeles County to charge juveniles and their families the cost of their incarceration since 2009. But, until recently, the county kept trying to collect nearly …
Article • April 12, 2019 • from CLN May, 2019
Federal Judge Rules Massachusetts Law Banning Secretly Recording Police in Public Is Unconstitutional by Dale Chappell by Dale Chappell The U.S. District Court for the District of Massachusetts ruled that secretly recording the police in public is protected by the First Amendment and that a Massachusetts law forbidding such activity …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Constitution, U.S.
Fourth Circuit Holds 18 U.S.C. § 924(c)(3)(B) is Unconstitutional by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit, sitting en banc, held that the definition of a “crime of violence” in 18 U.S.C. 924(c)(3)(B)—commonly referred to as the “residual clause”—is  unconstitutional for vagueness. Joseph …
Article • April 12, 2019 • from CLN May, 2019
In Washington State, a Man’s Home Is No Longer His Castle by Edward Lyon by Ed Lyon  Most Americans are familiar with the Fourth Amendment of the U.S. Constitution, which guarantees them security in their persons and homes from unreasonable searches and seizures. Perhaps this is where the axiom that …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Booking Fees
New Jersey Board Finds Suspending Drivers’ Licenses Because of Failure to Pay Court Fines Doesn’t Work by Dale Chappell by Dale Chappell Reaching a conclusion that most people already knew, the New Jersey Judicial Commission issued a report finding that suspending someone’s driver’s license when they fail to pay a …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Sentencing
Fourth Circuit: District Court Must Provide Rationale When Denying Motion for § 3582(c)(2) 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 • April 12, 2019 • from CLN May, 2019
D.C. Circuit Holds Attempted Drug Offenses Do Not Count Toward Career Criminal Designation by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the D.C. Circuit held that prior convictions for attempted distribution of, and attempted possession with intent to distribute drugs, could not be used to render …
Article • April 12, 2019 • from CLN May, 2019
Pennsylvania Supreme Court Rules as a Matter of 1st Impression That Mother’s Use of Opioids During Pregnancy Not Child Abuse by Chad Marks by Chad Marks On December 28, 2018, the Supreme Court of Pennsylvania ruled as a matter of first impression that a mother cannot be found to be …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Evidence, Search warrants
Fourth Circuit: Unreasonable Post-Seizure Delay in Obtaining Warrant Requires Suppression of Evidence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that a 31-day delay in obtaining a search warrant after seizing a defendant’s cellphone, without reasonable justification, violates the Fourth Amendment and …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Guilty Pleas, Suit Waivers
California Supreme Court Rules That Defense Counsel Can’t Agree to Stipulation That’s Tantamount to Guilty Plea Without Voluntary and Intelligent Waiver by Defendant by Derek Gilna by Derek Gilna The bedrock principle of criminal defense is to force the prosecution to prove its case against his client, but in the …
Creation of Prosecutorial Watchdog in New York Spotlights Distinction Between Misconduct and Unfair Conduct by Michael Berk by Michael Berk Thanks in no small part to the dedicated lobbying of people such as Jeffrey Deskovic — who spent 16 years locked up for a rape and murder he did not …
Georgia Supreme Court Announces Statute Mandating Lifetime GPS Monitoring of ‘Sexually Dangerous Predator’ Even After Completion of Sentence Is Facially Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia held the state statute authorizing the lifetime global positioning system (“GPS”) monitoring of persons determined to be a …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Sentencing
Fifth Circuit Rules Miscalculation of Guidelines Sentencing Range Plain Error That Merits Correction Even Though Not Raised by Defendant by Chad Marks by Chad Marks  The U.S. Court of Appeals for the Fifth Circuit ruled that a district court’s miscalculation of defendant’s sentencing guidelines range constitutes plain error necessitating resentencing, …
Article • April 12, 2019 • from CLN May, 2019
Prosecutors Have the Power to Stop Bad Roadside Drug Tests From Ruining People’s Lives by Sagiv Galai by Sagiv Galai, Paralegal,    ACLU Criminal Law Reform Project Three years ago on New Year’s Eve, Dasha Fincher was arrested in Monroe County, Georgia, after the deputies performed an on-the-spot test of …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Police Misconduct, Police
Former New Jersey Police Chief Faces Rare Federal Hate Crime Charges by A U.S. district judge ruled in December 2018 that federal hate crime charges against a now-retired New Jersey police chief – the first of their kind in about decade – will not be dismissed, paving the way to trial.  …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Forfeiture, Traffic stop
Cops Seize Almost $150,000 from Black Musician for Not Using His Turn Signal by Dale Chappell by Dale Chappell How much does a ticket for not using your turn signal “a full 100 feet” before making a lane change cost in Oklahoma County? Apparently, all the cash you have in …
Article • April 12, 2019 • from CLN May, 2019
Ninth Circuit Vacates a Sentence Imposed for Violation of Supervised Release Because the District Court Failed to Disclose to the Defendant the Probation Officer’s Confidential Sentencing Recommendations by In Gray, the Ninth Circuit held that Fed.R.Crim.P. 32 requires a sentencing court to disclose to a defendant all factual evidence on …
Article • April 12, 2019 • from CLN May, 2019
Fourth Circuit: South Carolina Conviction for Assaulting, Wounding, or Beating Officer While Resisting Arrest Is Not Predicate Violent Felony Conviction Under ACCA by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that a conviction for assaulting, beating, or wounding a law enforcement officer …
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