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California Court of Appeal Rules 17-Year Delay in SVP Trial Violated Right to Speedy Trial by Kevin Bliss by Kevin Bliss The Court of Appeal of California, Second Appellate District ruled that the State was responsible in a case where the systemic breakdown of the public defender system delayed the …
Article • November 28, 2018 • from CLN December, 2018
Warning: Integrity of Judicial Process at Risk by Sandy Rozek by Sandy Rozek, NARSOL Testimony from individuals at a sentencing hearing has one primary purpose: to give the court additional information on which to base a sentencing decision. Victim impact statements focus on the harm done, while statements on behalf of …
Article • November 28, 2018 • from CLN December, 2018
Kentucky Supreme Court Declares Law Defining Intellectual Disability Unconstitutional, Overturns Death Sentence by Dale Chappell by Dale Chappell The Supreme Court of Kentucky held that the state statute determining intellectual disability for disallowing imposition of the death penalty was unconstitutional under the Eighth Amendment after recent U.S. Supreme Court decisions, …
Article • November 28, 2018 • from CLN December, 2018
Is Blue Privilege at Work in Texas Police Killings? by Betty Nelander by Betty Nelander Demonstrators who protested the police killings of black men in north Texas are crying blue privilege as the officers involved remained free in mid-September. In fact, nine of them who were exercising their First Amendment …
Article • November 28, 2018 • from CLN December, 2018
Filed under: Criminal Procedure
Pennsylvania Supreme Court Holds FTA Does Not Affect Independent Speedy Trial Violation by Prosecutor by Dale Chappell by Dale Chappell The Supreme Court of Pennsylvania held that a defendant’s failure to appear (“FTA”) for trial after the prosecution had already violated its duty to provide a speedy trial did not …
Article • November 28, 2018 • from CLN December, 2018
Filed under: Habeas Corpus
Habeas Hints: Evaluating and Initiating IAC Claims 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 state habeas …
Article • November 28, 2018 • from CLN December, 2018
Filed under: Death Penalty, Juveniles
Should the Minimum Age for the Death Penalty be Bumped Up to 21? by The American Bar Association (“ABA”) overwhelmingly adopted a resolution earlier this year for an end to the death penalty for offenders who were younger than 21 when they committed their crime. The ABA cited a growing …
Article • November 28, 2018 • from CLN December, 2018
Colorado Supreme Court Announces ‘Preponderance of the Evidence’ Standard for Determining Voluntariness of Consent to Search by Dale Chappell by Dale Chappell The Supreme Court of Colorado held that the burden of proof in determining whether a person voluntarily consented to a warrantless search is a preponderance of the evidence, …
Article • November 28, 2018 • from CLN December, 2018
Free at Last! California Modifies Its Felony Murder Law, Helping up to 800 Prisoners Currently Serving Life Sentences by Edward Lyon by Ed Lyon California’s felony murder statute, as originally enacted, is quite draconian in its inclusiveness. A person could be convicted and punished as severely as the primary participant …
Article • November 28, 2018 • from CLN December, 2018
Arkansas Supreme Court Reverses Negligent Homicide Conviction Where Evidence Obtained Via Warrantless Blood Draw Used by Christopher Zoukis by Christopher Zoukis The Supreme Court of Arkansas ruled that an Arkansas statute that allows warrantless blood draws based on implied consent violated the Fourth Amendment when applied to a defendant in …
Article • November 28, 2018 • from CLN December, 2018
Filed under: News in Brief
News in Brief by Arkansas: Is the Union County Sheriff’s Department making a mocking social statement by having prisoners wear Nike shirts for their mugshots? Colin Kaepernick is the face of the Nike Just Do It Campaign and symbol of the Black Lives Matter movement for his civil rights activism, …
Article • November 28, 2018 • from CLN December, 2018
Eyewitness (Mis)Identification in the Criminal Justice System: Powerful, Persuasive, and Problematic by Christopher Zoukis by Christopher Zoukis “Our procedure has always been haunted by the ghost of the innocent man convicted.” —Judge Learned Hand (1923) “Truth isn’t truth.” —Rudy Giuliani (2018)  In 1984, Ronald Cotton was arrested and charged with …
Article • November 20, 2018
Wrongful convictions: Tax relief deadline for exonerees looms by Betty Nelander Exonerees can receive a special tax refund, thanks to a federal law that allows exonerees to recoup taxes paid on damages or restitution they received for their wrongful convictions.  However, the deadline for filing a claim — December 17, 2018 — is looming. Among …
Article • November 20, 2018
Filed under: Police Misconduct, Police
Nearly All the Officers in Charge of an Indiana Police Department Have Been Disciplined — Including the Chief Who Keeps Promoting Them by Ken Armstrong, Christian Sheckler Of the 34 supervisors in the Elkhart, Indiana, Police Department, 28 have been disciplined. Fifteen have been suspended. Seven have been involved in …
Article • November 8, 2018
Exonerated Waukegan, Illinois, Man Receives $9 Million for Wrongful Conviction by Derek Gilna by Derek Gilna Jason Strong, a former Waukegan, Illinois, resident, settled a wrongful conviction lawsuit against that city and numerous surrounding suburbs for $9 million. Strong was arrested, tried, convicted, and sentenced to 46 years for the …
Article • November 6, 2018 • from CLN November, 2018
Judge orders Tacoma to pay fines, attorney fees over stingray records by Dale Chappell by Dale Chappell A Pierce County judge hit the City of Tacoma, Washington, with nearly $300,000 in fines and fees for violating the state’s Public Records Act (“PRA”), when it failed to turn over records on …
Article • November 6, 2018 • from CLN November, 2018
$150,000 Settlement for Man Beaten by West Virginia State Police by For the fourth time in his employment with the West Virginia State Police, Ralph Justus was named as a defendant in a case alleging police brutality. The state agreed to settle out of court for $150,000, making it a …
Article • November 6, 2018 • from CLN November, 2018
Filed under: Racial Profiling
Ninth Circuit Reverses Conviction for Conspiracy to Smuggle Drugs Based Solely on ‘Drug Courier Profile’ by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Ninth Circuit reversed a defendant’s conviction for conspiracy to import and distribute marijuana because the government provided no evidence of drugs or …
Article • November 6, 2018 • from CLN November, 2018
Filed under: Sixth Amendment
First Circuit Holds Sixth Amendment Speedy Trial Clock Starts Upon Original, Not Superseding, Indictment When Based on Same Act or Scheme by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the First Circuit held that a superseding indictment based on the same conduct as the original indictment …
Article • November 6, 2018 • from CLN November, 2018
Texas Woman Receives Five Years in Prison for Illegal Voting After Criminal Conviction by Derek Gilna by Derek Gilna Crystal Mason, who had previously been convicted of tax fraud in 2011, will now serve a five-year sentence after being convicted in March 2018 of illegally voting in the 2016 presidential …
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