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Article • November 15, 2020 • from CLN December, 2020
Technology and Police Reform by Anthony Accurso by Anthony Accurso Technology innovation seems to impact every aspect of our lives in the modern era, but what roles should technology play in policing? As the national conversation has turned to police reform, technology’s roles are being questioned anew. Three technology trends …
Article • November 15, 2020 • from CLN December, 2020
Would the Real Officer Friendly Please Stand Up? by Casey Bastian by Casey J. Bastian In 1966, the official Officer Friendly program was first instituted by the Chicago Police Department. Shortly after inception, the program became sponsored by the Sears-Roebuck Foundation. This educational program was designed for elementary schools, focusing …
Article • November 15, 2020 • from CLN December, 2020
Mississippi Supreme Court: Cannot Declare Mistrial on All Counts After Jury’s Acquittal on Some Counts by Anthony Accurso by Anthony Accurso The Supreme Court of Mississippi held that a district court erred when it ordered a mistrial on all three counts of an indictment after the jury had returned an …
Article • November 15, 2020 • from CLN December, 2020
California Court of Appeal Reverses Murder Conviction Because Superior Court Erred by Allowing Deceased’s Out-of-Court Statements Into Evidence by Douglas Ankney by Douglas Ankney Division One of the Fourth Appellate District of the California Court of Appeal reversed Rene Quintanilla, Jr.’s murder conviction because the Superior Court allowed as evidence …
Article • November 15, 2020 • from CLN December, 2020
Filed under: Editorials
From the Editors by   This issue of CLN is being provided to all Prison Legal News subscribers as a complimentary review copy. For those readers who may not be familiar with CLN, here’s a brief overview. CLN is a monthly print and online publication focusing on individuals’ legal rights as they pertain to interactions with …
Article • November 15, 2020 • from CLN December, 2020
Hawai’i Supreme Court Announces Admissibility of Third-Party Culpability Evidence Is Same Relevancy Test That’s Applied for Other Evidence, Superseding Rabellizsa by Douglas Ankney   by Douglas Ankney The Supreme Court of Hawai’i announced that the standard for admission of third-party culpability evidence is the same as the relevancy test that …
Article • November 15, 2020 • from CLN December, 2020
Fifth Circuit: Consecutive Sentence for FTA Must Be Part of ‘Total Punishment,’ Not Merely a Stacked Sentence by by Dale Chappell The U.S. Court of Appeals for the Fifth Circuit held that a mandatory consecutive sentence for a failure to appear (“FTA”) conviction must be calculated as part of the …
Article • November 15, 2020 • from CLN December, 2020
Colorado Supreme Court: Felony DUI Conviction Requires ‘Mandatory Sentencing’ Triggering Right to Preliminary Hearing by Anthony Accurso   by Anthony Accurso  The Supreme Court of Colorado, proceeding from original jurisdiction on appeal from a district court, held that the district court erred in denying a preliminary hearing to a defendant …
Article • November 15, 2020 • from CLN December, 2020
Sixth Circuit Vacates First Step Act Resentencing Denial Where Court Failed to Consider Post-Sentencing Conduct by Anthony Accurso   by Anthony Accurso In a decision filed on August 26, 2020, the U.S. Court of Appeals for the Sixth Circuit vacated the U.S. District Court for the Western District of Kentucky’s …
Montana Supreme Court: Renter’s Privacy Not Diminished By Landlord’s Probationary Status by Anthony Accurso   by Anthony Accurso The Supreme Court of the State of Montana held that a defendant’s rights to be free from unreasonable searches and seizures and invasions of privacy were violated when his landlord’s probation officer …
Article • November 15, 2020 • from CLN December, 2020
Filed under: Safety Valve
Fifth Circuit: Safety Valve Isn’t Up to the Government by Dale Chappell   by Dale Chappell The U.S. Court of Appeals for the Fifth Circuit held on August 21, 2020, that it’s not up to the Government to determine whether a defendant qualifies for a reduced sentence under the safety …
Article • November 15, 2020 • from CLN December, 2020
Maine Supreme Court: SORNA Ruled Ex Post Facto Punishment for Defendant by Anthony Accurso by Anthony Accurso In a decision issued August. 13, 2020, the Maine Supreme Judicial Court held that the Sex Offender Registration and Notification Act of 1999 (“SORNA of 1999”) was unconstitutionally applied to a defendant in …
Article • November 8, 2020
Filed under: Drug Laws/Offenses
Oregon Decriminalizes Heroin, Cocaine, Meth, and Other Drugs by Dale Chappell by Dale Chappell Yes, it’s true: Oregon voted to decriminalize personal possession of recreational drugs, including heroin, cocaine, methamphetamine, and others this past Election Day. It’s an effort to stop “penalizing addiction,” the new law says, and to focus …
Article • November 3, 2020
Filed under: Cell-Phones
IRS May Have Obtained Phone Location Data Without Warrant by Anthony Accurso by Anthony Accurso The Treasury Inspector General for Tax Administration (“TIGTA”) is expected to investigate a claim that the IRS Criminal Investigation (“CI”) unit attempted to obtain location data on suspects without first obtaining a warrant. The Supreme …
Brief • November 2, 2020
Estate of Linda Miller v. County of Sutter, CA, Order, Wrongful Death, 2020 Case 2:20-cv-00577-KJM-DMC Document 67 Filed 11/02/20 Page 1 of 36 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Estate of LINDA MILLER, et al., Plaintiffs, No. 2:20-cv-00577-KJM-DMC ORDER v. COUNTY OF SUTTER, et al., Defendants. …
Brief • November 2, 2020
Filed under: Excessive Force
Reese v. Liberty, ME, Complaint, Excessive Force, 2020 Case 1:18-cv-00421-JDL Document 70 Filed 11/02/20 Page 1 of 19 PageID #: 462 UNITED STATES DISTRICT COURT DISTRICT OF MAINE GEOFFREY REESE, Plaintiff, v. RANDALL LIBERTY, as Maine Department of Corrections Commissioner, MATTHEW MAGNUSSON, as Maine State Prison Warden; and MICHAEL BURNS, …
Brief • October 29, 2020
Arndt v. County of Los Angeles, CA, Order of Dismissal, Excessive Force, 2020 Case :18-cv-10699-GW-MRW Document 90 Filed 10/29/20 Page 1 of 2 Page ID #:619 JS-6 1 2 3 4 5 6 7 8 9 11 THE SEHAT LAW FIRM, PLC Cameron Sehat, Esq: (SBN: 256535) 19800 MacArthur ffivd., …
Publication • October 29, 2020
Civic Responses to Police Violence - Harvard University 2020 Civic Responses to Police Violence∗ Desmond Ang† Harvard University Jonathan Tebes‡ Harvard University October 29, 2020 Abstract Roughly a thousand people are killed by American law enforcement officers each year, accounting for more than 5% of all homicides. We estimate the …
Herriges v. County of Macomb, MI, Partial Settlement, Failure to Provide Medical Care, 2020 Case 2:19-cv-12193-DML-EAS ECF No. 103, PageID.1760 Filed 10/26/20 Page 1 of 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CAROL HERRIGES, as Personal Representative of the ESTATE OF DIETER HERRIGES-LOVE, deceased, Plaintiff, v. …
Article • October 21, 2020
$90,042.12 Awarded in Fees and Costs in Seattle Terry Stop Case by Mark Wilson by Mark Wilson  On August 4, 2011, a federal court in Washington state granted attorneys’ fees and costs on a Plaintiff’s Terry stop verdict. Yet the court reduced the $418,000 fee award request to just $90,042.12 …
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