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Article • November 15, 2020 • from CLN December, 2020
First Circuit Announces Residual Clause of U.S.S.G. § 4B1.2(a)(2) When Applied Pre-Booker Is Unconstitutional Under Johnson by Douglas Ankney by Douglas Ankney Bucking the trend among the majority of federal circuits, the U.S. Court of Appeals for the First Circuit announced that the residual clause of U.S. Sentencing Guidelines (“U.S.S.G.” …
Article • November 15, 2020 • from CLN December, 2020
Filed under: Habeas Corpus
Federal Habeas Corpus: Time Limits for Filing by Dale Chappell by Dale Chappell In my first column in this series on federal habeas corpus for state and federal prisoners, we’ll go over time limits for filing in federal court and how those time limits are calculated. The following information is …
Article • November 15, 2020 • from CLN December, 2020
Seventh Circuit: Incompetent Advice to Reject Plea Offer Requires Evidentiary Hearing by David M. Reutter by David M. Reutter The U.S. Court of Appeals for the Seventh Circuit held a district court erred in failing to grant an evidentiary hearing on a claim that counsel rendered ineffective assistance by advising …
Article • November 15, 2020 • from CLN December, 2020
New Hampshire Supreme Court Announces Adoption of Lafler When Reviewing IAC Claims in Plea Bargain Cases by Douglas Ankney by Douglas Ankney The Supreme Court of New Hampshire announced that it has adopted the approach of Lafler v. Cooper, 566 U.S. 156 (2016), in reviewing claims of ineffective assistance of …
Article • November 15, 2020 • from CLN December, 2020
Third Circuit Announces Resentencing Under First Step Act Requires Use of § 3553(a) Factors by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Third Circuit held on September 15, 2020, that when a district court determines that a person is eligible for sentencing relief under the …
Article • November 15, 2020 • from CLN December, 2020
Ninth Circuit: California Conviction Under § 261.5(c) Not Predicate Offense For § 2252(b)(1) Enhancement by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Ninth Circuit held that a defendant’s conviction under California Penal Code § 261.5(c) is not a predicate offense triggering a higher mandatory sentencing …
Article • November 15, 2020 • from CLN December, 2020
Filed under: COVID-19, News in Brief
COVID-19 Has Profound Effect on Breadth and Scope of Law Enforcement Agencies by Michael Fortino, Ph.D   by Michael Fortino, Ph.D. With a global pandemic affecting nearly every aspect of traditional government operations, Syracuse University, in late spring of 2020, set out to evaluate the impact COVID-19 has had on …
Sixth Circuit Vacates Sentence Where Upward Variance Based on Criminal History Had Little Bearing on Instant Offense by Douglas Ankney   by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit vacated the U.S. District Court for the Western District of Michigan’s sentence where the sentence imposed was …
Article • November 15, 2020 • from CLN December, 2020
Filed under: Shackles
Washington Supreme Court Announces Prohibition Against Blanket Shackling Policies at Pretrial Proceedings by Anthony Accurso by Anthony Accurso The Supreme Court of Washington issued a ruling that both clarified the standards governing the use of shackles during all court appearances and criticized the adoption of blanket policies for shackling without …
Article • November 15, 2020 • from CLN December, 2020
Colorado Supreme Court Holds Successfully Completed Deferred Judgment Does Not Count as Conviction Barring Relief From Sex Offender Registration by Matthew Clarke   by Matt Clarke  The en banc Supreme Court of Colorado held that the successful completion of a deferred judgment for a sex offense, which resulted in the …
Article • November 15, 2020 • from CLN December, 2020
Second Circuit Announces Compassionate Release Motion by Prisoner Not Constrained by Outdated Guideline § 1B1.13, Application Note 1(D) by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Second Circuit held on September 25, 2020, that the outdated compassionate release guideline under U.S. Sentencing Guidelines Manual § …
Article • November 15, 2020 • from CLN December, 2020
$12 Million Settlement Against Louisville, Kentucky by Edward Lyon   by Ed Lyon  A settlement with family was reached in the death of Breonna Taylor of Kentucky, an unarmed Black woman who was killed when undercover Louisville Metro police “blindly” fired 10 rounds into her apartment on March 13, 2020, …
Article • November 15, 2020 • from CLN December, 2020
Filed under: Police Misconduct
Review Board Has No Power Over NYPD by Kevin Bliss by Kevin Bliss The New York Police Department (“NYPD”) has consistently hindered police misconduct allegation investigations, withholding documentation and body-camera footage, as well as advising its police not to cooperate with interviews. That’s according to an August 2020 article in …
Article • November 15, 2020 • from CLN December, 2020
Shielding Police Identities: A Law That Cuts Both Ways by Michael Fortino, Ph.D   by Michael Fortino, Ph.D. Marsy’s Law, also known as the “crime victim bill of rights” designed to protect victims from their attackers when the latter are no longer incarcerated, is used by Florida police as a …
Article • November 15, 2020 • from CLN December, 2020
Exodus of a Baker’s Dozen by Edward Lyon   by Ed Lyon Since the Memorial Day killing of George Floyd while in police custody, protests against police brutality and systemic racism have grown. And, as various protests and incidents of excessive force by police make headlines, police chiefs are beating …
Article • November 15, 2020 • from CLN December, 2020
Proliferation of Police Drones Feeds Big Brother’s Need for Big Data by Anthony Accurso   by Anthony Accurso A recent article by Nick Mottern on Truthout.org highlights the growing trend of big data collection made possible by tech in policing, specifically the proliferation of drones with cameras. Julie Weiner was …
Article • November 15, 2020 • from CLN December, 2020
Filed under: News in Brief, Police
PBA Cards and the Problem with Police Discretion by Jayson Hawkins   by Jayson Hawkins Police officers have recently been under fire for excessive or even deadly force being used in routine arrests and traffic stops, but some critics have begun to draw attention to a different police behavior that …
Article • November 15, 2020 • from CLN December, 2020
Filed under: News in Brief
For-Profit Lexipol Takes Over Writing Departmental Policy for Public Safety by Kevin Bliss by Kevin Bliss Lexipol, a privately owned company that drafts policies for over 8,100 police departments, fire, EMS, correctional services, and other public safety agencies nationwide is being criticized by reform activists as doing the bare minimum …
Article • November 15, 2020 • from CLN December, 2020
Filed under: DNA Testing/Samples
Thirty-Fourth Conviction Based on Bite Mark Forensics Overturned by Kevin Bliss by Kevin Bliss Eddie Lee Howard, Jr. was the thirty-fourth prisoner whose case has been overturned because of the debunked pseudo-science of bite mark forensics. After 30 years in prison, the district attorney now has the choice whether to …
Article • November 15, 2020 • from CLN December, 2020
Filed under: Databases, News in Brief
Guilt by Google by Jayson Hawkins by Jayson Hawkins An extraordinary wealth of information is easily available if one only utters the magic word –  “Google.” The problem arises with the realization that though the Google-genie provides information, there is no guarantee that the information is accurate or fair. Questions …
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