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Article • December 29, 2018 • from CLN January, 2019
Report: NYPD Assisted in Creating Facial Recognition Technology by Kevin Bliss by Kevin Bliss IBM and the New York Police Department (“NYPD”) collaborated on the development of the computer giant’s facial recognition technology, The Intercept has revealed. The program began in 2008 when IBM used the threat of possible terrorist …
South Carolina Supreme Court Rules Mandatory Electronic Monitoring of Sex Offenders Must Be ‘Reasonableness’ Under Fourth Amendment by Dale Chappell by Dale Chappell The Supreme Court of South Carolina held that a state law requiring mandatory electronic monitoring of sex offenders must meet the “reasonableness” standard under the U.S. and …
Article • December 29, 2018 • from CLN January, 2019
Minnesota Supreme Court Joins the Chorus by Announcing Birchfield is Retroactive by Christopher Zoukis by Christopher Zoukis The Supreme Court of Minnesota ruled that Birchfield v. North Dakota, 136 S. Ct. 2160 (2016), in which the U.S. Supreme Court held that a state cannot use criminal sanctions to compel a …
Article • December 29, 2018 • from CLN January, 2019
Filed under: Victims, Settlements, Police
$1 Million Settlement by Cleveland to Six Rape, Murder Victims’ Families by Kevin Bliss by Kevin Bliss The families of six of 11 victims raped and killed by convicted sex offender Anthony Sowell due to a botched 2008 rape accusation reached a settlement with the city of Cleveland. The loved …
Article • December 29, 2018 • from CLN January, 2019
Filed under: Attorneys, Appeals, Witnesses
Connecticut Supreme Court Finds IAC for Failure to Investigate Key Alibi Witness, Grants New Trial by Dale Chappell by Dale Chappell In a case where the defendant’s alibi was his only defense, the Supreme Court of Connecticut held that counsel’s failure to investigate a key witness who could have supported …
Article • December 29, 2018 • from CLN January, 2019
Ninth Circuit Holds Undisclosed Relationship Between Murdered FBI Agent and Presiding Judge in Capital Case Created Intolerable Risk of Judicial Bias, Warranting Habeas Relief by David Reutter by David Reutter The U.S. Court of Appeals for the Ninth Circuit held that an undisclosed connection between an FBI agent and a …
Article • December 29, 2018 • from CLN January, 2019
Ninth Circuit Rules California Robbery Not a ‘Crime of Violence’ in Light of Dimaya and Allows Withdrawal of Guilty Plea by David Reutter by David Reutter The U.S. Court of Appeals for the Ninth Circuit held a defendant was entitled to withdraw his guilty plea to a charge of illegally …
Article • December 28, 2018 • from CLN January, 2019
Civil Rights Groups Urge Ending Use of Pretrial Bail Risk Assessment Tools by Steve Horn by Steve Horn More than 100 civil rights organizations have signed a statement to denounce the use of pretrial bail risk assessment algorithm tools meant to determine conditions of bail and, in many cases, jail. …
Article • December 28, 2018 • from CLN January, 2019
California’s New Cashless Bail System More Likely to Increase Number of Detainees by Kevin Bliss by Kevin Bliss California became the first state to completely do away with cash bail, making international headlines. The new system uses algorithms to weigh factors to determine a person’s risk assessment with preventive detention …
Article • December 28, 2018 • from CLN January, 2019
Article Calls for Courts to Implement ‘Brady Violation Disclosure Letter’ System by Steve Horn by Steve Horn A draft copy of an academic article set to be published in 2019 in the Vanderbilt Law Review calls for a novel approach to chipping away at the nagging issue of Brady violations …
Article • December 28, 2018 • from CLN January, 2019
Filed under: News, Public Records Act
Georgia Can No Longer Charge for Access to Its Statutes, Thanks to Eleventh Circuit Ruling by For decades, the citizens of Georgia were not able to see the laws governing them without paying a fee. However, the U.S. Court of Appeals for the Eleventh Circuit ruled on October 19, 2018, …
Article • December 28, 2018 • from CLN January, 2019
Filed under: Sentencing
I once wrote mandatory minimum laws. After ties to Abramoff landed me in prison, I know they must end. by Kevin Ring 10 million children will lose a parent to incarceration. Judges must consider individual cases, not be forced to unnecessarily separate families by Kevin Ring, Opinion contributor, USA TODAY, …
Article • December 28, 2018 • from CLN January, 2019
Seventh Circuit Vacates Conditions of Supervised Release Following Child Pornography Conviction by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Seventh Circuit vacated three of the four conditions of supervised release (“CSR”) challenged by a man who had been convicted of possessing child pornography. Joseph Canfield …
Article • December 28, 2018 • from CLN January, 2019
Illinois: Chicago Police Misconduct Outed in Database 2.0 Version by Edward Lyon by Ed Lyon On August 16, 2018, a new era of transparency in Chicago police misconduct dawned. An updated version of a public database called the Citizens Police Data Project 2.0 (“CPDP”) makes available disciplinary records of Chicago …
Article • December 28, 2018 • from CLN January, 2019
Seventh Circuit: Bureau of Prisons Improperly Prolonged Prisoner’s Sentence by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit took the federal Bureau of Prisons to task for using its statutory authority to improperly prolong a prisoner’s sentence. The opinion vacated a district court …
Article • December 28, 2018 • from CLN January, 2019
Oregon Supreme Court: ‘Grooming’ Evidence Requires Scientific Validity Foundation by Mark Wilson by Mark Wilson The Supreme Court of Oregon held that expert testimony about “grooming” children for subsequent sexual abuse is “scientific” evidence that may not be admitted without a foundational showing of scientific validity under Or. Evid. Code …
Article • December 28, 2018 • from CLN January, 2019
Massachusetts Supreme Court Overturns Conviction Based on Prosecutor’s False Statement During Closing Argument by Dale Chappell by Dale Chappell A prosecutor’s false statements in her closing argument in an attempt to corroborate a witness’ testimony was fatal to her case, the Supreme Judicial Court of Massachusetts held, vacating the convictions …
Article • December 28, 2018 • from CLN January, 2019
District Court Holds that Some White-Collar Felons May Lawfully Possess Firearms Due to a Little Known Exemption For Crimes ‘Relating to the Regulation of Business Practices’ by In Reyes, District Judge John Bates of the D.D.C. appears to have become the first Federal jurist to hold that some white-collar felons …
Article • December 28, 2018 • from CLN January, 2019
Harris County, Texas Prosecutors Review DWI Cases Impacted by Discredited Expert by Derek Gilna by Derek Gilna The testimony of county scientist Fessessework Guale, who was employed by the Harris County medical examiner’s office for 10 years, has been called into question by the very criminal justice offices who relied …
Article • December 28, 2018 • from CLN January, 2019
Massachusetts Supreme Court Tosses Thousands of Drug Cases After Lab Tech Scandal and Government Cover-Up by Dale Chappell by Dale Chappell The Supreme Judicial Court of Massachusetts reached a decision in the Amherst lab scandal, where disgraced lab technician Sonja Farak tampered with and stole drugs from thousands of drug …
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