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Article • April 12, 2019 • from CLN May, 2019
Legal Aid Society Counters NYC Police Misconduct With New Database by The Legal Aid Society New York City has a new tool in the fight against rogue cops — a browsable database of NYC federal civil rights lawsuit data called CAPstat (capstat.nyc). The nonprofit organization released the information in early …
Article • April 12, 2019 • from CLN May, 2019
Florida Cop Found Guilty of Killing Stranded Driver, a First in 30 Years in State by In a history-making decision, jurors in West Palm Beach, Florida, found Nouman Raja guilty of manslaughter with a firearm and first-degree attempted murder—the first time in three decades a Florida cop has been convicted …
Article • April 12, 2019 • from CLN May, 2019
Second Circuit: Government’s Misleading Disclosure Warrants New Trial by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit ruled that the Government violated Rule 16 of the Federal Rules of Criminal Procedure when its misleading disclosure caused the defense to forego filing a motion to …
Article • April 12, 2019 • from CLN May, 2019
Facial Recognition Gives Police Easier Access to Cellphones by Dale Chappell by Dale Chappell Facial recognition might make a cellphone more secure than a simple password, but it also gives the police less work to do if they want to search that phone.  By switching from a password to facial …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Brady Violations
Why Brady Lists Still Don’t Work by Douglas Ankney by Douglas Ankney Lists of discredited police officers whom prosecutors refuse to call as witnesses are known as Brady lists. These lists could play an important role in ensuring the criminal justice system is fair by tracking and exposing police officers …
Article • April 12, 2019 • from CLN May, 2019
Abolishing the Death Penalty Leads to Decline in Murders by Douglas Ankney by Douglas Ankney In a blow to those who cling to the idea that the death penalty deters murder, a study by the Abdorrahman Boroumand Center (“ABC”) demonstrates that when nations abolish the death penalty the rate of …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Habeas Corpus
Fourth Circuit Reverses Dismissal of Habeas and Remands for Hearing on Actual Innocence Claim by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit reversed the district court’s dismissal of Charles Ray Finch’s habeas petition and remanded for a hearing on the merits of Finch’s …
Article • April 12, 2019 • from CLN May, 2019
Federal Judge Denies Qualified Immunity for Cops Who Detained Motorist for Giving Them the Finger by Dale Chappell by Dale Chappell Can police conduct a traffic stop simply because someone in the car gave them the finger? The U.S. District Court for the Western District of Virginia held that they …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Brady Violations
Seventh Circuit: Failure to Disclose that Star Witness Was Hypnotized is 'Brady' Violation by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit ruled that the State concealed materially exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963), when it failed to …
Article • April 12, 2019 • from CLN May, 2019
Georgia Supreme Court: Statutes Permitting a Defendant’s Refusal to Submit to Breath Tests to Be Admitted into Evidence Are Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia held that OCGA §§ 40-5-67.1(b) and 40-6-392(d), to the extent that they allow a defendant’s refusal to submit to …
Article • April 12, 2019 • from CLN May, 2019
Pennsylvania Supreme Court Retroactively Applies Birchfield, Holding that Enhanced Criminal Penalties for Refusing Warrantless Blood Tests are Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania retroactively applied Birchfield v. North Dakota, 136 S.Ct. 2160 (2016), holding that Samuel Anthony Monarch’s enhanced penalties for refusing warrantless blood …
Article • April 12, 2019 • from CLN May, 2019
Filed under: War on Drugs, Sentencing
First Circuit: Failure to Prove a Prior Conviction Was a ‘Controlled Substance Offense’ Under the Guidelines Requires Resentencing by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit held that when the Government fails to prove a prior conviction was for a controlled substance as …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Sentencing
Fourth Circuit Announces Reasonably Foreseeable Acts of Co-Conspirators Not Sufficient for Fleeing Sentence Enhancement Under U.S.S.G. § 3C1.2 by David Reutter by David Reutter The U.S. Court of Appeals for the Eighth Circuit ruled that to impose an offense level enhancement on grounds that the defendant “recklessly created a substantial …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Medication, Mental Health
California Supreme Court: Competence Hearing Required When Formerly Incompetent Defendant Quits Taking Psychotropic Medication and Exhibits Signs of Incompetence by David Reutter by David Reutter The Supreme Court of California ruled that “when a formerly incompetent defendant has been restored to competence solely or primarily through administration of medication, evidence …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Appeals
SCOTUS: Presumption of Prejudice Recognized in Flores-Ortega Applies Regardless of Defendant’s Appeal Waiver by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) held that the presumption of prejudice recognized in Roe v. Flores-Ortega, 528 U.S. 470 (2000), applies regardless of whether a defendant has signed …
Article • April 12, 2019 • from CLN May, 2019
California Governor Announces Moratorium on Capital Punishment by Bill Barton by Bill Barton  Governor Gavin Newsom granted a temporary reprieve for the 737 prisoners on California death row as of March 13, 2019.  “I think this would be a bold step,” said Michael D. Rushford, president of the Criminal Justice …
Article • April 12, 2019 • from CLN May, 2019
Arrests Do Not Necessarily Represent Solved Crimes by Edward Lyon by Ed Lyon  Statistics show that the United States of America incarcerates more of its citizens per capita than any other legal jurisdiction in the world. The entry into the incarceration nation begins with the simple arrest by a member …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Crime Labs
Expert Report Urges Changes to Forensic Analysis in Courtrooms by Dale Chappell by Dale Chappell Instead of subjective personal experiences, a new report by experts urges prosecutors and forensic experts to rely more on hard data and statistics to back evidence in a criminal case. A defendant’s life might rely …
Article • April 12, 2019 • from CLN May, 2019
Misconduct in the Forensic Science Community Reveals Urgent Need for Greater Oversight by Kevin Bliss by Kevin Bliss The U.S. has recently experienced a spate of convictions being overturned because of forensic science misconduct, according to Jessica S. Henry, associate professor, Department of Justice Studies, Montclair State University. It was …
Article • April 12, 2019 • from CLN May, 2019
Q&A;: Ineffective Assistance of Counsel: Which Errors Are Worth Pursuing? by Brandon Sample, Dale Chappell by Brandon Sample, Esq., and Dale Chappell Question: I think my lawyer represented me poorly. How do I know if I have a claim of ineffective assistance of counsel? Perhaps the most common question after …
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