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Texas Misuses Privacy Law to Withhold In-Custody Death Information
Article • April 12, 2019 • from CLN May, 2019
Texas Misuses Privacy Law to Withhold In-Custody Death Information by Edward Lyon by Ed Lyon Chapter 552, § 108(a)(2) of the Texas Government Code (“TGC”) was passed by the state legislature in 1979. The law’s intended purpose was to protect the privacy rights of innocent and wrongfully convicted defendants who …
Plea Bargaining: Prosecutors Leave Trail of Injustice When Playing Hardball with Defendants
Article • April 12, 2019 • from CLN May, 2019
Filed under: Guilty Pleas, Criminal Prosecution, Prosecutors
Plea Bargaining: Prosecutors Leave Trail of Injustice When Playing Hardball with Defendants by David Reutter by David Reutter To fight against government tyranny in the criminal justice system, America’s Founding Fathers enshrined into the Constitution the “right to a speedy and public trial, by an impartial jury.” Plea bargains, however, …
News In Brief
Article • March 16, 2019 • from CLN April, 2019
Filed under: News in Brief
News In Brief by Arizona: Debate about press freedom was reignited after a 12-year-old girl on a bicycle was caught in a confrontation with an Arizona cop for doing her job. The young journalist was “chasing down” a story in Patagonia, Arizona, when town Marshal Joseph Patterson “threatened to throw …
When Prosecuting Crimes by Police, Feds Appear to Move Slowly
Article • March 16, 2019 • from CLN April, 2019
Filed under: Police Misconduct, Police
When Prosecuting Crimes by Police, Feds Appear to Move Slowly by Edward Lyon by Ed Lyon  In November 2013, Hickory, North Carolina, police Sergeant Robert George allegedly removed a woman driver from her auto and slammed her face-first onto the ground. She required corrective surgery.  Charged by local prosecutors in …
Can Criminal Records Ever Truly Be Expunged in the Internet Era?
Article • March 16, 2019 • from CLN April, 2019
Filed under: Disclosure of Records, Public Records, Internet
Can Criminal Records Ever Truly Be Expunged in the Internet Era? by Matthew Clarke by Matt Clarke  Expunction of criminal records is a traditional method of protecting those falsely arrested, falsely convicted, or deemed deserving of a second chance after completing probation. But with the prevalence of mugshot sites and …
Third Circuit: Pennsylvania’s SORNA Requirements Sufficiently Restrictive to Constitute Custody for Habeas Jurisdiction
Article • March 16, 2019 • from CLN April, 2019
Filed under: Sex Offender Registration, Sex Offender Residence, Habeas Corpus, Sex Offender Registration and Notification Act
Third Circuit: Pennsylvania’s SORNA Requirements Sufficiently Restrictive to Constitute Custody for Habeas Jurisdiction by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit held that the registration and reporting requirements of Pennsylvania’s Sex Offender Registration and Notification Act (“SORNA”) are sufficiently restrictive to constitute custody …
Nebraska’s Death Row Prisoners Must Bring ‘Repeal Challenges’ Individually
Article • March 16, 2019 • from CLN April, 2019
Filed under: Death Penalty/Death Row, Death Row
Nebraska’s Death Row Prisoners Must Bring ‘Repeal Challenges’ Individually by Douglas Ankney by Douglas Ankney The Supreme Court of Nebraska has dismissed on technical grounds a lawsuit filed by eight death-row prisoners represented by the American Civil Liberties Union (“ACLU”).  The suit alleged the death sentences of Nebraska’s death-row prisoners …
San Francisco Embraces New Technology to Clear Pot Convictions
Article • March 16, 2019 • from CLN April, 2019
Filed under: War on Drugs, Release and Reentry
San Francisco Embraces New Technology to Clear Pot Convictions by Several pot-related crimes went up in smoke when California voters approved Proposition 64 marijuana reforms in 2016—and all retroactively. However, a lack of resources in many district attorney offices to review decades’ worth of criminal cases eligible under the new …
Wisconsin Considers Updating Its Cash Bail System
Article • March 16, 2019 • from CLN April, 2019
Filed under: Bail
Wisconsin Considers Updating Its Cash Bail System by Kevin Bliss by Kevin Bliss Wisconsin’s constitution establishes that cash bail only be set as a means of ensuring defendants’ appearance at court hearings, but opponents say the system only ensures that the poor remain incarcerated while the rich enjoy freedom. Defendants …
Birth Pangs of Bail Reform Come to Texas
Article • March 16, 2019 • from CLN April, 2019
Filed under: Criminal justice system reform, Bail
Birth Pangs of Bail Reform Come to Texas by Edward Lyon by Ed Lyon  For scores of years, excessive bail amounts for fiscally impoverished individuals accused of crimes have been a major factor in jail overcrowding. This, in turn, leads to violence and excessive additional costs to cities, counties, and …
Indiana Supreme Court Announces Trial Court Must Resentence on All Underlying Felonies After Gang Enhancement Sentence Reversed on Appeal
Article • March 16, 2019 • from CLN April, 2019
Filed under: Appeals, Trials
Indiana Supreme Court Announces Trial Court Must Resentence on All Underlying Felonies After Gang Enhancement Sentence Reversed on Appeal by Derek Gilna by Derek Gilna The Supreme Court of Indiana ruled that following the reversal of a gang enhancement sentence under Ind. Code § 35-50-2-15 the trial court on remand …
$8.4 Million Combined Settlement Reached by ‘Norfolk Four’
Article • March 16, 2019 • from CLN April, 2019
Filed under: Settlements, Wrongful Conviction, Wrongful Imprisonment
$8.4 Million Combined Settlement Reached by ‘Norfolk Four’ by Douglas Ankney by Douglas Ankney Four former Navy sailors (the “Norfolk Four”), who were wrongly convicted of the rape and murder of Michelle Bosko, agreed to a $4.9 million settlement with the City of Norfolk, Virginia.  Governor Ralph Northam then signed …
Eleventh Circuit Rules DEA’s Definition of Positional Isomer Does Not Apply to Substances on Temporary Schedule, Vacates Possession Conviction
Article • March 16, 2019 • from CLN April, 2019
Filed under: Appeals
Eleventh Circuit Rules DEA’s Definition of Positional Isomer Does Not Apply to Substances on Temporary Schedule, Vacates Possession Conviction by Matthew Clarke by Matt Clarke  The U.S. Court of Appeals for the Eleventh Circuit held that neither the definition of “positional isomer” set forth in 21 C.F.R. § 1300.0l(b) nor …
Shooting of Seven-Year-Old Girl in Houston Highlights Problems With Eyewitness Identification
Article • March 16, 2019 • from CLN April, 2019
Filed under: Shootings, witness misidentification
Shooting of Seven-Year-Old Girl in Houston Highlights Problems With Eyewitness Identification by Matthew Clarke by Matt Clarke The fatal shooting of a 7-year-old black girl who was riding in a car on a Houston highway, along with her mother and three sisters, is a tragedy that starkly illustrates the problems …
Georgia Supreme Court Announces Defendant May Invoke Rape Shield Statute to Bar State From Offering Evidence of Victim’s Past Sexual Behavior
Article • March 16, 2019 • from CLN April, 2019
Filed under: Sexual Assault
Georgia Supreme Court Announces Defendant May Invoke Rape Shield Statute to Bar State From Offering Evidence of Victim’s Past Sexual Behavior by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia held that a defendant may invoke O.C.G.A. § 24-4-412 (“Rape Shield Statute”) to prohibit the State from offering …
Kentucky Supreme Court Holds State Statute Defining Intellectual Disability as IQ of 70 or Lower Unconstitutional, Death Row Prisoner Entitled to Hearing
Article • March 16, 2019 • from CLN April, 2019
Filed under: Americans with Disabilities Act, Death Penalty/Death Row
Kentucky Supreme Court Holds State Statute Defining Intellectual Disability as IQ of 70 or Lower Unconstitutional, Death Row Prisoner Entitled to Hearing by Matthew Clarke by Matt Clarke  The Supreme Court of Kentucky held that a court erred when it denied a death-sentenced prisoner’s post-conviction motion alleging intellectual disability without …
Oregon Supreme Court Clarifies PCR ‘Church Motion’ Practice
Article • March 16, 2019 • from CLN April, 2019
Filed under: Post-release, ex-offender, re-entry
Oregon Supreme Court Clarifies PCR ‘Church Motion’ Practice by Mark Wilson by Mark Wilson The Supreme Court of Oregon clarified, and dramatically restricted, the so-called “Church motion” practice in post-conviction relief (“PCR”) cases.  PCR is the exclusive collateral remedy for Oregon prisoners to challenge their convictions and sentences. Indigent PCR …
Death Penalty Usage Trending Downward, Report Reveals
Article • March 16, 2019 • from CLN April, 2019
Filed under: Death Penalty/Death Row, Death Penalty
Death Penalty Usage Trending Downward, Report Reveals by Betty Nelander by Betty Nelander A look back at 2018 reveals death-penalty usage in the United States trending downward for the fourth consecutive year, according to a year-end report by the Death Penalty Information Center (“DPIC”). Executions numbered fewer than 30, and …
Tennessee Supreme Court: Attempting to Secretly Videotape 
Teen Changing Clothes Does Not Support Conviction for Attempted Production of Child Pornography
Article • March 16, 2019 • from CLN April, 2019
Tennessee Supreme Court: Attempting to Secretly Videotape Teen Changing Clothes Does Not Support Conviction for Attempted Production of Child Pornography by Douglas Ankney by Douglas Ankney On January 7, 2019, the Supreme Court of Tennessee ruled that evidence of placing a camera in a teen’s bedroom with the intent of …
Georgia Supreme Court Holds Statute Authorizing Lifetime GPS Monitoring of ‘Sexually Dangerous Predator’ Is Unconstitutional
Article • March 16, 2019 • from CLN April, 2019
Filed under: Sex Offender Registration, Sex Offenders (Discrimination), Electronic Monitoring, Sex Offender Registration and Notification Act, Sex Offender Treatment
Georgia Supreme Court Holds Statute Authorizing Lifetime GPS Monitoring of ‘Sexually Dangerous Predator’ Is Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia held that the state statute authorizing the lifetime global positioning system (“GPS”) monitoring of persons determined to be a “sexually dangerous person” (“SDP”) but …
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