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Article • October 15, 2020 • from CLN November, 2020
Government Treats Protesting Cities as Enemies of the State by Kevin Bliss by Kevin Bliss Government watchdog organizations are reporting that multiple government agencies employed high-tech surveillance aircraft over cities with demonstrations over the police killing of Minneapolis resident George Floyd. On June 2, thousands of protestors took to the …
Article • October 15, 2020 • from CLN November, 2020
Powerful New Tool Reveals Federal Sentencing Problems by Dale Chappell by Dale Chappell A powerful new database combines data from multiple sources in order to provide more useful information about federal sentencing. The ground-breaking service is a first of its kind and has been an eye-opener about what’s really going …
Article • October 15, 2020 • from CLN November, 2020
Campaign Zero Advocates for Police Accountability by Jayson Hawkins by Jayson Hawkins In most states across America, an employee can be fired at any time for any reason. Only Montana provides some protection after six months on the job; otherwise, employment in America is an “at will” affair. Unless, of …
Article • October 15, 2020 • from CLN November, 2020
Sixth Circuit Finds IAC for Failure to Raise ‘Clearly Foreshadowed’ Change in Law on Appeal by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held on August 20, 2020, that appellate counsel’s failure to raise a “clearly foreshadowed” change in decisional law that would’ve …
Article • October 15, 2020 • from CLN November, 2020
Ninth Circuit: Use of Unconvicted Conduct Too Dissimilar to Charged Offense Violates Due Process by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Ninth Circuit held that the use of unconvicted criminal conduct that was too dissimilar to the charged offense to obtain a conviction violates …
Fifth Circuit Grants Habeas Relief Because Detective’s Testimony of Witness Identification of Defendant Violates Confrontation Clause by Dale Chappell by Dale Chappell In a case where a prosecutor pulled statements from a detective during testimony before a jury that tied a defendant to the crime – and without that witness …
Article • October 15, 2020 • from CLN November, 2020
Idaho Supreme Court Announces False Rape Allegations May Be Admitted Regardless of When Made by Anthony Accurso by Anthony Accurso The Supreme Court of Idaho clarified the rule of evidence regarding the admissibility of prior false allegations of rape made by victims, announced a three-part test to assess the admissibility …
Article • October 15, 2020 • from CLN November, 2020
Filed under: Double jeopardy
Indiana Supreme Court Announces New Analytical Framework for Review of Substantive Double Jeopardy, Overruling Richardson by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana announced a new analytical framework for reviewing claims of substantive double jeopardy, overruling Richardson v. State, 717 N.E.2d 32 (Ind. 1999). A jury convicted …
Article • October 15, 2020 • from CLN November, 2020
Federal Judge Criticizes Qualified Immunity and Challenges SCOTUS to Abolish It by Anthony Accurso In a recent decision dismissing a defendant’s lawsuit against a police officer on the basis of qualified immunity, Judge Carlton Reeves of Mississippi filed a 72-page opinion that challenges the morality of the doctrine of qualified …
Article • October 15, 2020 • from CLN November, 2020
Arizona Supreme Court Declares Gang-Association Statute Unconstitutional by Dale Chappell by Dale Chappell The Supreme Court of Arizona held on September 1, 2020, that a statute increasing a misdemeanor charge to a felony for merely being part of a gang is unconstitutional on its face as a violation of substantive …
Article • October 15, 2020 • from CLN November, 2020
Missouri Supreme Court: Circuit Court Erred in Excluding Expert Witness Testimony Regarding Accuracy of Eyewitness Identification by Douglas Ankney by Douglas Ankney The Supreme Court of Missouri held that a circuit court erred when it excluded testimony from Kane Carpenter’s expert witness relating to the accuracy of witness identifications. In …
Article • October 15, 2020 • from CLN November, 2020
Filed under: Child Pornography
Seventh Circuit: Solo Masturbation Near Fully Clothed and Sleeping Child Does Not Constitute Production of Child Pornography by Anthony Accurso by Anthony Accurso   The U.S. Court of Appeals for the Seventh Circuit held that a conviction under 18 U.S.C. § 2251(a) for production of child pornography cannot be sustained …
California Supreme Court Reverses Murder Conviction and Death Sentence Because Police Failed To Honor Defendant’s Request for Counsel by Douglas Ankney by Douglas Ankney The Supreme Court of California reversed the murder conviction and death sentence of Paul Nathan Henderson because the police continued to question him after he made …
Article • October 15, 2020 • from CLN November, 2020
Wisconsin Supreme Court: Officers Wrongly Inventoried Vehicle for Towing, Requiring Suppression of Evidence by Anthony Accurso by Anthony Accurso The Supreme Court of Wisconsin held that the Court of Appeals erred when it affirmed the denial of a suppression motion because officers were not acting in their role as “community …
Article • October 15, 2020 • from CLN November, 2020
Sixth Circuit: Michigan Courts’ Procedure Allowing Appellate Counsel’s Withdrawal Unconstitutional by David Reutter by David M. Reutter The U.S. Circuit Court of Appeals for the Sixth Circuit held that Michigan courts unreasonably applied clearly established federal law by allowing a defendant’s appellate counsel to withdraw and failing to appoint replacement …
Article • October 15, 2020 • from CLN November, 2020
Sixth Circuit Clarifies ‘Different Location’ in Robbery Guidelines Enhancement Commentary Requires More Than Herding Victims To Different Room by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Sixth Circuit clarified that the term “different location” in the U.S. Sentencing Guidelines commentary definition of “abduction” requires more …
Article • October 15, 2020 • from CLN November, 2020
Fed Position on Pot Pushing Vets to Black Market by Jayson Hawkins by Jayson Hawkins  The walls in Alex’s home are decorated with medals earned from two tours as a Marine serving in Iraq. He returned to the U.S. in 2007 at age 21, psychologically scarred by a war that …
Article • October 15, 2020 • from CLN November, 2020
Minnesota Supreme Court: Coercion Statute Unconstitutionally Overbroad by Anthony Accurso by Anthony Accurso In a decision issued July 22, 2020, the Supreme Court of Minnesota ruled that Minnesota Statutes Section 609.27, subd. 1(4) (2018) (“the coercion statute”) is overbroad on its face, violates the First Amendment to the U.S. Constitution, …
Article • October 15, 2020 • from CLN November, 2020
Filed under: News, News in Brief
Is the Georgia Bureau of Investigation Ready to Investigate Arbery Cover-Up? by Jayson Hawkins by Jayson Hawkins The murder of Ahmaud Arbery was shockingly mishandled by local police from the very beginning. Two White men chased down and shot a young Black man, and yet they had not been charged …
Article • October 15, 2020 • from CLN November, 2020
Blue Lives Matter More: Georgia Introduces Hate Crime Bill Designed to Protect the Cops by Michael Fortino, Ph.D by Michael Fortino, Ph.D. In the summer of 2020, a summer of discontent, a summer rife with pandemic lockdowns and street protests, the Georgia Legislature chose not to address the unrest and …
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