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Article • December 15, 2020 • from CLN January, 2021
Who Pays for Police Surveillance? by Jayson Hawkins by Jayson Hawkins There is growing concern across society about the emergence of a surveillance state. The capacity of police to monitor phones, email, and other communication has been highlighted in recent incidents, but the most ubiquitous and invasive form of surveillance …
Article • December 15, 2020 • from CLN January, 2021
First Step Act Relief Shows Modest Results by Dale Chappell by Dale Chappell Coming up on the two-year anniversary of the First Step Act passed in 2018 to undo unfair sentencing practices and ease overcrowding in federal prisons, the numbers show, at best, a modest result for those who have …
Article • December 15, 2020 • from CLN January, 2021
Futuristic Crime Predictor Targets, Monitors People Across Florida County by David Reutter by David M. Reutter When Chris Nocco was appointed sheriff of Florida’s Pasco County, he said the agency would be “proactive” in reducing property crimes. His intelligence-led policing model would use data to predict where future crimes would …
Article • December 15, 2020 • from CLN January, 2021
In New York, Former Prisoners With Mental Illnesses Lack Needed Support by Casey Bastian by Casey J. Bastian For human beings suffering from mental illness, living a safe and productive life can be extraordinarily difficult. Far too often, and all across America, thousands end up in prison as a result …
Article • December 15, 2020 • from CLN January, 2021
Lawsuit Challenges DEA Cash Seizures by Jayson Hawkins by Jayson Hawkins Traveling with large amounts of cash is perfectly legal, even on a commercial airliner, so Stacy Jones and her husband were unconcerned about putting over $40,000 in their carry-on luggage when they had to cut their casino vacation short. …
Article • December 15, 2020 • from CLN January, 2021
Ninth Circuit: Asking Single Objectionable Question Insufficient to Justify Termination of Defendant’s Right to Pro Se Representation by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit held that a defendant asking a single objectionable question, without more, was insufficient reason to justify the U.S. …
Article • December 15, 2020 • from CLN January, 2021
Sixth Circuit: Savings Clause Available for Retroactive Case of Statutory Interpretation Decided While § 2255 Motion on Appeal by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held on October 6, 2020, that a savings clause petition was the proper avenue to attack an …
Article • December 15, 2020 • from CLN January, 2021
New York Court of Appeals Clarifies When Police May Conduct Traffic Stops by Douglas Ankney by Douglas Ankney The New York Court of Appeals clarified when police may lawfully conduct traffic stops, explaining that “stopping a vehicle for a traffic infraction requires probable cause; stopping a vehicle for suspicion of …
Louisiana Supreme Court: Statute Compelling Registered Sex Offenders to Carry ID Emblazoned with ‘SEX OFFENDER’ Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Louisiana affirmed a district court’s holding that declared unconstitutional a state statute compelling registered sex offenders to carry identification emblazoned with the words “SEX …
Article • December 15, 2020 • from CLN January, 2021
Pennsylvania Supreme Court: No Probable Cause to Search Cellphones Merely Possessed in Proximity to Drugs and Guns by Dale Chappell by Dale Chappell The Supreme Court of Pennsylvania held on October 21, 2020, that there was no probable cause to search cellphones found on someone who was found in close …
Article • December 15, 2020 • from CLN January, 2021
Ninth Circuit: District Court Abdicated Daubert Gatekeeping Function by Failing to Make Reliability Findings on Expert Witness’ Testimony by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Ninth Circuit ruled that the U.S. District Court for the District of Arizona failed in its gatekeeping function …
Article • December 15, 2020 • from CLN January, 2021
Filed under: Flight Risk
New Mexico Supreme Court Clarifies Meaning of Key Terms in Aggravated Fleeing From Law Enforcement Statute by Anthony Accurso by Anthony Accurso The Supreme Court of New Mexico consolidated two cases on appeal to clarify the meaning of the terms “uniformed law enforcement officer” and “appropriately marked law enforcement vehicle” …
Article • December 15, 2020 • from CLN January, 2021
First Circuit: Prosecution Under Puerto Rico and Federal Law for Same Drug Offense Constitutes Double Jeopardy by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the First Circuit ruled that the Double Jeopardy Clause of the Fifth Amendment requires dismissal of a count in a federal indictment …
Arizona Supreme Court: Stipulated Plea Agreement Cannot Bar Review of Illegal Sentence by David Reutter by David M. Reutter The Supreme Court of Arizona held that the Court of Appeals “erred by effectively eliminating a defendant’s right to appeal a probation revocation sentence consistent with a plea agreement stipulation.” The …
Nevada Supreme Court: Search Invalid Where Police Failed to Properly Inventory Bag by Anthony Accurso by Anthony Accurso The Supreme Court of Nevada held that the district court properly suppressed evidence that resulted from an inventory search because police failed to properly inventory the defendant’s bag. Kimberly Marie Nye was …
Brief • December 15, 2020
Filed under: Centurion, Malpractice
Folsom v. Centurion Correctional Healthcare of New Mexico, LLC, et al., NM, Amended Complaint, Medical Malpractice, 2020 Centurion 001818 FILED 1st JUDICIAL DISTRICT COURT Santa Fe County 12/15/2020 3: 10 PM KATHLEEN VIGIL CLERK OF THE COURT Desiree Brooks STATE OF NEW MEXICO COUNTY OF SANTA FE FIRST JUDICIAL DISTRICT …
Brief • December 14, 2020
Filed under: Centurion, Malpractice
Varela v. Centurion Correctional Healthcare of New Mexico, LLC, et al., NM, Settlement Agreement, Medical Malpractice, 2020 Centurion 003234 RELEASE lN FU LL AND SETTLEMENT AGREEMENT THIS RELEASE [N FULL AND SETTLEMENT AGREEMENT is executed this B_ 2020. by Jose Varela. RECITALS A. Jose Varela filed a Complaint against Centurion …
Brief • December 10, 2020
Witt v. County of Cumberland, NJ, Amended Complaint, Excessive Force, 2020 Case 1:20-cv-14678-KMW-MJS Document 15 Filed 12/10/20 Page 2 of 24 PageID: 81 Richard M. Pescatore, Esq. RICHARD M. PESCATORE, P.C. 1055 E. Landis Avenue Vineland, NJ 08360 Telephone: (856) 507-1000 Facsimile: (856) 507-1500 Email: rpescatore@pescatorelegal.com NJ Attorney ID: 021841985 …
Filing • December 9, 2020
HRDC v. Uttecht; et. al., WA, Complaint, 2020 Case 4:20-cv-05242 1 2 3 ECF No. 1 filed 12/09/20 PageID.1 Page 1 of 46 Jesse Wing MacDonald Hoague & Bayless 705 Second Avenue, Suite 1500 Seattle, Washington 98104-1745 206-622-1604 4 5 6 7 8 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT …
Brief • December 9, 2020
US v. State of Alabama, AL, Complaint, Failure to Protect, 2020 FILED Case 2:20-cv-01971-JHE Document 1 Filed 12/09/20 Page 1 of 24 2020 Dec-09 PM 04:28 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISIRICT COURT FOR THE NORTHERN DISTRTCT OF ALABAMA SOUTHERN DIVISION ) ) ) ) …
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