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Article • March 16, 2019 • from CLN April, 2019
Filed under: Wrongful Conviction
Erie County Convicted 11 People of Violating a Law Ruled Unconstitutional Over 20 Years Ago by Federal Court by Kevin Bliss by Kevin Bliss Erie County, New York, wrongfully convicted 11 people under a law that was ruled unconstitutional over 20 years ago — yet is still listed in the …
Article • March 16, 2019 • from CLN April, 2019
Video Simulators Part of Push to Train Police to Shoot Fewer Dogs, Limit Lawsuits by Derek Gilna by Derek Gilna Video simulators are now used by some police departments to train their officers in the use of non-lethal force. A 2005 decision by the U.S. Court of Appeals for the …
Article • March 16, 2019 • from CLN April, 2019
FBI Reviewing Four Incidents of Excessive Force at Mesa, Arizona, PD in Just Four Months by Dale Chappell by Dale Chappell The FBI is reviewing four incidents of excessive force by Mesa, Arizona, police officers in the span of just four months, some after an “independent” investigation cleared the involved …
Article • March 16, 2019 • from CLN April, 2019
Law Enforcement and Lobbyists Battle Over Need for Civil Asset Forfeiture Reform by Kevin Bliss by Kevin Bliss Texas used civil and criminal asset forfeiture to obtain more than $50 million in cash and property in 2017, according to the Texas Attorney General’s Office. Everything from cash and cars to …
Article • March 16, 2019 • from CLN April, 2019
First Circuit: Sentencing Courts May Consider New Career Offender Guideline Amendment 798, Even Though Not Retroactive by Dale Chappell by Dale Chappell In a case where a defendant was sentenced when the career offender guideline still contained the so-called residual clause, the U.S. Court of Appeals for the First Circuit …
Article • March 16, 2019 • from CLN April, 2019
Filed under: Trials
Nevada Supreme Court Clarifies, Narrows Nonhearsay Rule Under NRS 51.135(2) by Dale Chappell by Dale Chappell An out-of-court statement is not hearsay only if the person making the statement is subject to cross-examination concerning the statement, the Nevada Supreme Court instructed, clarifying and narrowing the application of when nonhearsay statements …
Article • March 16, 2019 • from CLN April, 2019
North Dakota Supreme Court Announces Implied Consent Advisory Must be Read After Arrest and Before Administering Test by Douglas Ankney by Douglas Ankney In December 2018, the Supreme Court of North Dakota held that the implied consent advisory pursuant to N.D.C.C. § 39-20-01(2) and (3) must be read after placing …
Counsel Ineffective for Failing to Move for Mistrial When Court Coerces Unanimous Verdict by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit held that a defendant did not receive effective assistance of counsel when his attorneys failed to object and move for a mistrial …
Article • March 16, 2019 • from CLN April, 2019
Fourth Circuit Rules 3 Marijuana Stems Discovered in Single Trash Pull Insufficient for Search Warrant, Suppresses Evidence Found in Residence by David Reutter by David Reutter The U.S. Court of Appeals for the Fourth Circuit affirmed the suppression of evidence obtained while executing a search warrant based on the discovery …
Sixth Circuit Rejects Qualified Immunity Claim in Malicious Prosecution Suit for Wrongful Arrest and Conviction Involving Multiple Lies by Police by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit upheld the denial of summary judgment filed by Detroit police in a lawsuit alleging malicious …
Article • March 16, 2019 • from CLN April, 2019
Filed under: Appeals, Overdetention
Seventh Circuit: Claim for Unlawful Pretrial Detention Accrues on Date of Release by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit has held that the accrual date for claims for arrest and detention without probable cause is the date the detention ends. Maurice Lewis …
Article • March 16, 2019 • from CLN April, 2019
Filed under: Prosecutors
Connecticut Supreme Court Announces Defense Counsel Has Duty to ‘Promptly’ Notify Defendant of Plea Offer, Failure to Notify Before Testifying Constitutes IAC by Matthew Clarke by Matt Clarke The Supreme Court of Connecticut held that a criminal defense attorney was ineffective for waiting to convey to his client a plea-bargain …
Article • March 16, 2019 • from CLN April, 2019
In Landmark Civil Asset Forfeiture Case, U.S. Supreme Court Holds Excessive Fines Clause of Eighth Amendment Applicable to States by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) held that the Excessive Fines Clause of the Eighth Amendment is applicable to the states through the …
Article • March 16, 2019 • from CLN April, 2019
Ninth Circuit Holds Juror Who Wouldn’t Unequivocally State She Could Be Impartial Should Have Been Excused; New Trial Ordered Because Biased Juror Can’t Be Harmless Error by Dale Chappell by Dale Chappell In a case where a juror did not unequivocally state that she could be unbiased because she had …
Article • March 16, 2019 • from CLN April, 2019
Fourth Circuit Grants Habeas Relief for Death Row Prisoner Because Trial Court Excluded Expert Testimony Defendant Represents Low Risk of Violence in Prison by David Reutter by David Reutter The U.S. Court of Appeals for the Fourth Circuit reversed the denial of habeas corpus relief to a death row prisoner. …
Article • March 16, 2019 • from CLN April, 2019
Supreme Court of Alaska Announces Court System Bears Costs of Expert Evaluation When Insanity or Diminished Capacity Raised as Defense by Chad Marks by Chad Marks The Supreme Court of Alaska held that a trial court was required under Alaska state law to appoint at least two qualified psychiatrists or …
Article • March 16, 2019 • from CLN April, 2019
Arkansas Supreme Court: Search of Wallet Exceeded Scope of Lawful ‘Terry’ Frisk for Weapons by Douglas Ankney by Douglas Ankney The Supreme Court of Arkansas ruled that the search of a defendant’s wallet during a frisk for weapons pursuant to an investigatory detention constituted an unconstitutional search. Corporal Kenneth Kennedy …
Destroyed Lives by Sandy Rozek by Sandy Rozek, NARSOL In 1969, a man named Peter Yarrow, a musical pop star, opened the door of his dressing room to two sisters, ages 17 and 14, who were seeking his autograph. He was nude and proceeded with sexually suggestive and apparently aggressive remarks …
Article • March 16, 2019 • from CLN April, 2019
California Police Privacy Laws Have Been Violating Brady for Years by Mark Wilson by Mark Wilson An arresting officer’s fabrication or planting of evidence or other misconduct lies at the very heart of the definition of exculpatory evidence that must be disclosed to criminal defendants under the Sixth Amendment since the …
Article • March 16, 2019 • from CLN April, 2019
New Jersey Supreme Court: Detention of Motel Room Occupants After Reason for Police Visit Resolved Is Unlawful Seizure, Evidence Subject to Exclusionary Rule by Richard Resch by Richard Resch The Supreme Court of New Jersey ruled that police detention of motel room occupants for warrant checks after a noise complaint …
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