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Article • February 14, 2019 • from CLN March, 2019
Filed under: Expert Witnesses
Ninth Circuit Announces Expert Testimony on Battered Woman Syndrome Not Categorically Excludable, Relevant to Duress Defense by Richard Resch by Richard Resch The U.S. Court of Appeals for the Ninth Circuit vacated Lashay Lopez’s three convictions on federal charges, ruling that the trial court committed prejudicial error in excluding expert …
Article • February 14, 2019 • from CLN March, 2019
Filed under: Appeals, Sentencing
Fifth Circuit Holds Special Conditions in PSR Appendix but Not Orally Pronounced by District Court Must Be Removed From Sentence Where Conflict With Written Judgment by David Reutter by David Reutter The Fifth Circuit Court of Appeals held that where a defendant did not have an opportunity to object to …
Article • February 14, 2019 • from CLN March, 2019
Filed under: Criminal Procedure
SCOTUS: Florida’s Robbery Statute Satisfies Physical Force Requirement of Armed Career Criminal Act by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) held that the amount of force necessary to sustain a conviction for robbery in Florida satisfies the elements clause of 18 U.S.C. § …
Article • February 14, 2019 • from CLN March, 2019
Filed under: Traffic stop
Idaho Supreme Court: Temporary and Isolated Crossing of the ‘Fog Line’ Not Enough to Support a Traffic Stop by Christopher Zoukis by Christopher Zoukis The Supreme Court of Idaho ruled that a brief, single incident of crossing the outer line in a lane of travel (“fog line”) does not amount …
Article • February 14, 2019 • from CLN March, 2019
Louisiana Supreme Court Vacates Conviction for Batson Violation by Christopher Zoukis by Christopher Zoukis The Supreme Court of Louisiana affirmed a court of appeals determination that a trial court erred when it denied a Batson challenge to the State striking one of two black jurors from a criminal trial panel …
Article • February 14, 2019 • from CLN March, 2019
Filed under: Civil Procedure, Marriage
First Circuit Announces No Joint Participation Exception to Spousal Testimonial Privilege by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the First Circuit declined to recognize a joint participation exception to the spousal testimonial privilege for married criminal co-conspirators. In deciding upon this issue of first impression …
Article • February 14, 2019 • from CLN March, 2019
Minnesota Supreme Court Holds Sentencing Guidelines at Time of Offense, Not Time of Sentencing, Controls for Purposes of Calculating Criminal History Score by Matthew Clarke by Matt Clarke  On August 15, 2018, the Supreme Court of Minnesota held that the classification of a previous offense used to calculate a defendant’s …
Article • February 14, 2019 • from CLN March, 2019
Filed under: Search warrants
Eighth Circuit Rules Search Warrant Based on Affidavit That Failed to Link Target to Criminal Activity Lacked Probable Cause, Not Saved by Good-Faith Exception by David Reutter by David Reutter The U.S. Court of Appeals for the Eighth Circuit held that two state court warrants to place a GPS tracker …
Article • February 14, 2019 • from CLN March, 2019
Seventh Circuit Reverses Denial of a Certificate of Innocence Needed as a Prerequisite for Damages for an Unjust Conviction and Imprisonment by Punch & Jurists by Punch & Jurists In Abu-Shawish, the Seventh Circuit addressed a little known and little used Federal proceeding that gives people who have been unjustly …
Article • February 14, 2019 • from CLN March, 2019
California Court of Appeal: Using Criminal Process to Collect Fines That Indigent Defendants Cannot Pay Is Unconstitutional by Douglas Ankney by Douglas Ankney On January 8, 2019, the Court of Appeal for the Second Appellate District of the state of California ruled that when the only reason a defendant cannot …
Article • February 14, 2019 • from CLN March, 2019
Ninth Circuit Announces SCOTUS’ Rodriguez Opinion Requires Overturning ‘Reasonableness Standard’ Precedent in Traffic Stop Prolongation Cases by Richard Resch by Richard Resch The U.S. Court of Appeals for the Ninth Circuit held that police unlawfully prolonged a traffic stop in violation of the Fourth Amendment by repeatedly demanding that a …
Article • February 14, 2019 • from CLN March, 2019
U.S. Government Lab Withheld Groundbreaking Study for 5 Years That Can Help Defendants Question the Reliability of Certain DNA Evidence by Steve Horn by Steve Horn A study that called into question the reliability of DNA as a piece of smoking-gun evidence due to its propensity to be easily transferred …
Article • February 14, 2019 • from CLN March, 2019
Filed under: Police Misconduct, Police
Cops Are At War Out There by Brian Platt, Jacobin A culture of racism, paranoia, and authoritarianism permeates American police departments. Piecemeal reform won’t be enough. by Brian Platt, Jacobin On September 6, Dallas police officer Amber Guyger entered the apartment of her upstairs neighbor, Botham Shem Jean, removed her service …
Article • February 14, 2019 • from CLN March, 2019
Filed under: Organizing, Advocacy, Bail
New York Mass Bail Out Action Targets Bail System Manipulation by Virginia Griese by Virginia Griese Throughout October, more than 105 women and teens incarcerated at Rikers Island and juvenile facilities had their bail paid by hundreds of volunteers and walked to freedom.  The Mass Bail Out Action (“MBOA”), organized …
Article • February 14, 2019 • from CLN March, 2019
From the Editor by Richard Resch by Richard Resch Welcome to Criminal Legal News (“CLN”). We’ve been publishing CLN now for a little over a year, and the response has been tremendous. The number of people who’ve subscribed and provided positive feedback have exceeded our most optimistic projections when we …
Article • January 19, 2019 • from CLN February, 2019
Filed under: News in Brief
News in Brief by California: A detective assigned to handle child molestation cases in the Special Victims Bureau at the Los Angeles Sheriff’s Department was arrested on November 16, 2018, on charges of raping a 14-year-old girl, the latimes.com reports. Neil Kimball, a 20-year department veteran, was “booked on suspicion …
Article • January 19, 2019 • from CLN February, 2019
Race-Based Arrests Rampant in San Francisco by Kevin Bliss by Kevin Bliss The U.S. Supreme Court made targeting by law enforcement of people based on race unconstitutional over 130 years ago, yet the practice still runs rampant in police departments nationwide, says Ezekiel Edwards, director of the ACLU Criminal Law …
Article • January 19, 2019 • from CLN February, 2019
Filed under: Police Misconduct, Police
Tracking the Prevalence of Police Crime by David Reutter by David Reutter “Americans actually have no idea” how often police use force, former FBI director James Comey said in 2016. They also have no inkling how often police officers commit a crime. The reason for that is the federal government …
Article • January 19, 2019 • from CLN February, 2019
Former Balch Springs, Texas, Officer Found Guilty of Murder of Black Teen by Kevin Bliss by Kevin Bliss Former Balch Springs, Texas, police officer Roy Oliver was recently found guilty of murder and sentenced to 15 years in prison. The outcome of this case is notable not only because Oliver …
Article • January 19, 2019 • from CLN February, 2019
Massachusetts Drug Lab Scandal: Thousands More Cases Likely Affected by Kevin Bliss by Kevin Bliss The Commonwealth of Massachusetts has dismissed about 45,000 charges in more than 30,000 drug cases prosecuted in the state due to misconduct by chemists Sonja Farak of Amherst drug lab and Annie Dookhan of Hinton …
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