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Article • January 18, 2019 • from CLN February, 2019
Filed under: Parole
California Court of Appeal: Commissioner Cannot Preside Over Parole Revocation Hearing Absent Stipulation by Douglas Ankney by Douglas Ankney On December 5, 2018, the Court of Appeal of California, Fourth Appellate District, ruled that a commissioner may not preside over a parole revocation hearing absent a stipulation by the parties. …
Article • January 18, 2019 • from CLN February, 2019
Wisconsin Supreme Court Rules Attempt to Close Door in Officer’s Face Clear Signal that Consent Not Given for Warrantless Entry by Douglas Ankney by Douglas Ankney On December 7, 2018, the Supreme Court of Wisconsin reversed a decision of the court of appeals that affirmed a circuit court’s denial of …
Article • January 18, 2019 • from CLN February, 2019
Filed under: junk science
Report: Bitemark Analysis Debunked as Pseudoscience by Richard Resch by Richard Resch Unreliable bitemark identification evidence used in criminal cases has led to 31 exonerations, forensicmag.com reports. “The unsupported comparison of such bite marks left in human skin during rapes, murders and other violent attacks should be totally thrown out …
Article • January 18, 2019 • from CLN February, 2019
Montana Supreme Court: City May Not Impose Local Surcharge Not Authorized by State Law for Violation of State Criminal Statute by Derek Gilna by Derek Gilna Corrine Franklin, who pleaded guilty to disorderly conduct in Missoula, Montana, Municipal Court, was assessed a $25 surcharge by the City of Missoula, earmarked …
Article • January 18, 2019 • from CLN February, 2019
Sixth Circuit Holds Tennessee Burglary Not Violent Felony Under ACCA, Overturning Previous Controlling Authority in Light of SCOTUS’ Mathis Opinion by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held that Tennessee third-degree burglary, as interpreted by the Tennessee Supreme Court, cannot qualify as …
Article • January 18, 2019 • from CLN February, 2019
Filed under: Double jeopardy
Maine Supreme Court Rules Double Jeopardy Bars Re-Use of Evidence at Second Trial After Acquittal Based on Same Evidence at First Trial on Different Charges by Dale Chappell by Dale Chappell The Supreme Judicial Court of Maine held that double jeopardy barred the use of the same evidence used in …
Article • January 18, 2019 • from CLN February, 2019
Filed under: Misconduct/Corruption
West Virginia Supreme Court Vacates Sentence After State Violates Plea Bargain by Making Recommendation at Sentencing by Matthew Clarke by Matt Clarke The Supreme Court of Appeals of West Virginia ruled that a prosecutor’s recommendation that sentences should be served consecutively violated a plea agreement requiring the State to “remain …
Article • January 18, 2019 • from CLN February, 2019
Filed under: Appeals
Tenth Circuit Clarifies Proper Test for Pretrial Hearing on Seized Assets Needed to Retain Counsel by Matthew Clarke by Matt Clarke The Tenth Circuit Court of Appeals ruled that the proper test for whether a district court should hold a pretrial hearing on a motion challenging the seizure of assets …
Article • January 18, 2019 • from CLN February, 2019
Public Support for Militarized Policing Ebbs, Fails to Improve Safety by Edward Lyon by Ed Lyon The 1970s television show S.W.A.T., along with its resurrection in the movie and TV show by the same name, portrayed police officers in Special Weapons and Tactics (“SWAT”) units as top cops doing a …
Article • January 18, 2019 • from CLN February, 2019
Filed under: Guilty Pleas, Sentencing
Minnesota Supreme Court Clarifies Rule Against Judicial ‘Participation’ in Plea Negotiations by Dale Chappell by Dale Chappell The Supreme Court of Minnesota clarified the rule barring judicial “participation” in plea negotiations, overturning decades of decisions by the court of appeals, which had applied the wrong rule of law in such …
Article • January 18, 2019 • from CLN February, 2019
Filed under: Police
Study Shows Reassigning Problem Cops Could Have Saved Chicago More than $6 Million in Lawsuit Payouts by Dale Chappell by Dale Chappell A study by Northwestern University concluded that by simply reassigning officers with the most citizen complaints could have saved the Chicago Police Department more than $6 million in …
Article • January 18, 2019 • from CLN February, 2019
Washington Supreme Court Announces Effective Date of Certificate of Discharge Is Date Offender Completes All Sentence Requirements by Chad Marks by Chad Marks The Supreme Court of Washington ruled that the effective date of a certificate of discharge (“COD”) for an offender who is not in Department of Corrections (“DOC”) …
Article • January 18, 2019 • from CLN February, 2019
Filed under: Appeals
Fourth Circuit Vacates USSG Career Offender Sentence Predicated on Georgia Robbery by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Fourth Circuit vacated a prisoner’s sentence because the district court improperly found that Georgia robbery qualified the defendant for the U.S. Sentencing Guidelines career offender designation. …
Article • January 18, 2019 • from CLN February, 2019
Iowa Supreme Court Announces New SOL Rule for Consecutive Postconviction IAC Claims by Dale Chappell by Dale Chappell Citing constitutional problems if a petitioner is denied a remedy where defense counsel was ineffective, the Supreme Court of Iowa announced a new rule to allow a subsequent postconviction review (“PCR”) petition …
Article • January 18, 2019 • from CLN February, 2019
Filed under: War on Drugs, Appeals
Ninth Circuit Remands Drug Case for Reconsideration of Sentencing Guidelines’ Minor-Role Adjustment by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Ninth Circuit vacated a drug defendant’s sentence because the district court may have misinterpreted United States Sentencing Guideline (“USSG”) § 3B1.2 and Amendment 794, …
Article • January 18, 2019 • from CLN February, 2019
Filed under: Appeals, Criminal Procedure
N.Y. Court of Appeals Announces When Trial Commences for Timeliness of Pro Se Requests by Edward Lyon by Ed Lyon As most jurisdictions do from time to time as need dictates, they change or even completely overhaul appellate procedures, evidentiary rules, and various codes. In 1971, New York state adopted …
Article • January 18, 2019 • from CLN February, 2019
President Trump Signs First Step Act Into Law—It’s a Good Initial Attempt at Meaningful Reform by Chad Marks by Chad Marks In December 2018, President Trump signed the bipartisan First Step Act into law. It’s the most substantial change in a generation to the tough-on-crime prison and sentencing laws that …
Article • January 18, 2019 • from CLN February, 2019
South Carolina Supreme Court Holds Broken Chain of Custody for Drug Evidence Requires Reversal of Conviction by Dale Chappell by Dale Chappell In a case where the State failed to prove the complete chain of custody of the evidence it relied on at trial, the Supreme Court of South Carolina …
Article • January 18, 2019 • from CLN February, 2019
America’s Cities Are Criminalizing Homelessness by Matthew Clarke by Matt Clarke Across the United States, cities are adopting ordinances that effectively criminalize homelessness. The behavior banned includes: sitting, lying down, or placing property on a sidewalk; camping or sleeping in public (including in a vehicle); standing on a roadway median; …
Article • January 17, 2019 • from CLN February, 2019
Filed under: Habeas Corpus
Habeas Hints: SCOTUS Review 2017-18 by Kent Russell, Tara Hoveland by Attorneys Kent Russell and Tara Hoveland This column provides “Habeas Hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on “AEDPA,” the federal habeas …
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