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Article • December 5, 2018 • from CLN December, 2018
Ninth Circuit Grants Habeas for Appellate Lawyer’s Failure to Raise Denial of Self-Representation Claim by Matthew Clarke by Matt Clarke On July 6, 2018, the U.S. Court of Appeals for the Ninth Circuit reversed a federal court’s denial of a California state prisoner’s petition for a writ of habeas corpus …
Article • December 5, 2018 • from CLN December, 2018
Filed under: Sentencing, Habeas Corpus
Tenth Circuit Grants Habeas Relief When ACCA Predicate Offense No Longer Qualifies as ‘Violent Felony’ by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Tenth Circuit granted a federal prisoner’s 28 U.S.C. § 2255 petition because one of the predicate offenses used to enhance his sentence …
Article • December 5, 2018 • from CLN December, 2018
Chicago Judge Grants No-Money Bond in Murder Case, But Cook County Still Has a Long Way to Go by Dale Chappell by Dale Chappell Cook County Judge William H. Hooks took the unusual step of granting murder defendant Jackie Wilson a no-money bond, letting Wilson go free while he awaits …
Article • December 5, 2018 • from CLN December, 2018
FBI Admits Vastly Inflating Number of Unsearchable Mobile Devices by For seven months, FBI Director Christopher A. Wray argued that the FBI and other law enforcement agencies needed “exceptional access” to be built into mobile devices, such as cellphones and tablets. To justify his argument, he said that in 2017 …
Article • December 5, 2018 • from CLN December, 2018
Oklahoma’s Railroading its Citizens into Prison by Edward Lyon by Ed Lyon Lynch mobs, vigilance committees, and necktie parties. These terms evoke what many stories refer to as frontier justice, where groups of people operated outside the established frameworks of law and order, sheriffs and courts, to wreak revenge on …
Article • December 5, 2018 • from CLN December, 2018
Second Circuit Announces Prisoners Have First Amendment Right Not to Snitch or Provide False Information to Prison Officials by Richard Resch by Richard Resch In its opinion issued on May 9, 2018, the U.S. Circuit Court of Appeals for the Second Circuit held that a prisoner has a First Amendment right …
Article • December 5, 2018 • from CLN December, 2018
Under Fire, Long Beach Police Suspend Use of Self-Deleting Message App by Betty Nelander by Betty Nelander The TigerText app that permanently erases messages after a set time period has triggered controversy in Long Beach, California. There, the police department suspended use of it after its use was exposed by …
Article • December 5, 2018 • from CLN December, 2018
Michigan Supreme Court Announces New Rule for Appointing Expert Witness for Indigent Defendants, No Longer Left to Trial Judge’s Discretion by Dale Chappell by Dale Chappell The Supreme Court of Michigan held that a trial judge’s discretion plays no part in appointing an expert witness for a defendant; instead, a …
Article • December 5, 2018 • from CLN December, 2018
Oregon Enhanced Drug Penalty ‘For Consideration’ Element Requires Proof of Drug Sale or Agreement to Sell by Mark Wilson by Mark Wilson The Supreme Court of Oregon held that the “for consideration” element of a “commercial drug offense” requires proof of a completed drug sale or an existing agreement to …
Article • December 5, 2018 • from CLN December, 2018
Orlando Police Continue to Test Amazon’s Facial Recognition Software Despite Privacy Concerns by The Orlando Police Department in Florida announced that it will continue to test facial recognition software developed by Amazon, despite concerns of abuse by police—and privacy issues. Amazon’s facial recognition program, called Rekognition, was designed to allow …
Article • December 5, 2018 • from CLN December, 2018
Pennsylvania State Senator Sends the Cops to Collect on Overdue Trash Bills Owed to His Company by Christopher Zoukis by Christopher Zoukis If you live in south-central Pennsylvania and your trash is picked up by Penn Waste, a company owned by Republican State Senator Scott Wagner, you might want to …
Article • December 5, 2018 • from CLN December, 2018
Colorado Supreme Court Holds Ameliorative Amendments Apply Retroactively to Non-Final Convictions by Dale Chappell by Dale Chappell The Supreme Court of Colorado held that amendments to statutes favorable to defendants apply retroactively to non-final convictions, unless the statute contains language that expressly provides it applies only prospectively, resolving a conflict …
Article • December 5, 2018 • from CLN December, 2018
First Circuit Orders Resentencing Where Trial Counsel Failed to Secure Three-Level Reduction Under Sentencing Guidelines by David Reutter by David Reutter The U.S. Court of Appeals for the First Circuit ruled a defendant was entitled to be resentenced where trial counsel failed to secure a three-level reduction under the federal …
Article • December 5, 2018 • from CLN December, 2018
Federal Death Penalty Prosecutors Accuse One Another of Destroying Evidence and Other Misconduct in Discrimination Lawsuit by Shawn Musgrave, Brooke Williams by Shawn Musgrave and Brooke Williams, Published by Criminal Legal News with permission from The Intercept, July 18, 2018 A team of federal prosecutors charged with promoting “consistency and …
Article • December 5, 2018 • from CLN December, 2018
Ninth Circuit Rules Detective’s Persistent Questioning After Invocation of Right to Counsel Entitles California Prisoner to Habeas Relief by Richard Resch by Richard Resch The U.S. Court of Appeals for the Ninth Circuit held that a California prisoner convicted of murder is entitled to habeas relief because a detective continued …
Article • December 5, 2018 • from CLN December, 2018
Texas Court of Criminal Appeals Reverses Conviction for Improper Lesser-Included-Offense Determination by Christopher Zoukis by Christopher Zoukis The Court of Criminal Appeals of Texas reversed an intermediate court of appeals because the lower court improperly determined that “deadly conduct” is not a lesser-included offense of aggravated assault by threat. The …
Article • December 5, 2018 • from CLN December, 2018
Washington Supreme Court Announces State’s Death Penalty Is Unconstitutional by Richard Resch by Richard Resch On October 11, 2018, the Supreme Court of Washington issued an opinion in which the Court struck down the state’s death penalty, announcing: “we hold that Washington’s death penalty is unconstitutional, as administered, because it …
Article • December 5, 2018 • from CLN December, 2018
Snarky Facebook Post Not True Threat; Officers Denied Qualified Immunity by David Reutter by David Reutter The U.S. Court of Appeals for the Eighth Circuit reversed a grant of summary judgment to police officers who arrested a man for a snarky Facebook post without conducting even a minimal investigation. James …
Article • November 28, 2018 • from CLN December, 2018
Filed under: Juries, Habeas Corpus, AEDPA
Sixth Circuit Grants Habeas Relief When Juror Failed to Disclose History of Sexual Abuse in Sexual Assault Case by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Sixth Circuit ruled that a defendant convicted of third-degree criminal sexual conduct did not receive a fair trial because …
Article • November 28, 2018 • from CLN December, 2018
New York Court of Appeals: Excited Utterance Must Be Based on Personal Observation to Be Admissible as Exception to Hearsay Rule by Dale Chappell by Dale Chappell The New York Court of Appeals reversed a conviction in which an “excited utterance” overheard in the background on a 911 call ostensibly …
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