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Article • August 1, 2024 • from CLN August, 2024
New Mexico Supreme Court Revises Rules Governing Pretrial Release by Douglas Ankney by Douglas Ankney On May 8, 2024, the Supreme Court of New Mexico revised the rules governing pretrial release. According to Artie Pepin, Director of the Administrative Office of the Courts, the revisions include: People released while awaiting …
SCOTUS Announces Existence of Probable Cause for One Charge in Criminal Proceeding Does Not Categorically Defeat Fourth Amendment Malicious-Prosecution Claim Relating to Another Baseless Charge by Sam Rutherford by Sam Rutherford The Supreme Court of the United States held that a Fourth Amendment malicious-­prosecution lawsuit may proceed where one or …
Article • August 1, 2024 • from CLN August, 2024
Down with Big Brother: Warrantless Surveillance Makes a Mockery of the Constitution by John W. Whitehead, Nisha Whitehead by John & Nisha Whitehead, The Rutherford Institute—Commentary “Whether he wrote DOWN WITH BIG BROTHER, or whether he refrained from writing it, made no difference … The Thought Police would get him …
Article • August 1, 2024 • from CLN August, 2024
First Circuit: District Court’s One-Sentence Explanation for 10-Year Upward Departure From Sentencing Guidelines Range Insufficient to Justify Significant Variance by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the First Circuit overturned a sentence imposed by the U.S. District Court for the District of Puerto Rico, holding …
Article • August 1, 2024 • from CLN August, 2024
SCOTUS Clarifies Nieves Exception to Lack of Probable Cause Requirement for First Amendment Retaliatory-Arrest Claim Does Not Require ‘Virtually Identical and Identifiable Comparators’ by Sam Rutherford by Sam Rutherford In a short, per curiam opinion, the Supreme Court of the United States clarified the scope of the exception set out …
Article • August 1, 2024 • from CLN August, 2024
After California Cops Kill Someone, They Probe Families for Information on Deceased Before Telling Them Their Loved One Is Dead by Douglas Ankney by Douglas Ankney Bruce Praet, cofounder of the company Lexipol, offers California cops some advice in one of his online training webinars: When notifying the family of …
SCOTUS: Jury, Not Judge, Must Determine Whether Defendant’s Prior Offenses Were Committed on ‘Occasions Different From One Another’ for Enhanced Sentence Under Armed Career Criminal Act by Sam Rutherford by Sam Rutherford The Supreme Court of the United States held that a jury must determine beyond a reasonable doubt whether …
Article • August 1, 2024 • from CLN August, 2024
Filed under: News in Brief
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Tenth Circuit: Counsel Advising Black Defendant No Minorities Would Be on Jury Is Material Misrepresentation About Right to Impartial Jury Rendering Guilty Plea Unknowing and Involuntary by David Reutter by David M. Reutter T he U.S. Court of Appeals for the Tenth Circuit held a defendant’s guilty plea was unknowing …
False or Misleading Forensic Evidence Plays an Oversized Role in Wrongful Convictions by Jo Ellen Nott by Jo Ellen Nott The National Institute of Justice (“NIJ”) published a paper titled “The Impact of False or Misleading Forensic Evidence on Wrongful Convictions,” providing grim facts and figures on one of the …
Article • August 1, 2024 • from CLN August, 2024
Nevada Supreme Court Announces District Courts Have No Discretion to Deny Motion to Set Aside Judgment of Conviction Filed by Statutorily Qualified Defendants Under NRS 176A.240(6)(a) by Douglas Ankney by Douglas Ankney The Supreme Court of Nevada held that district courts have no discretion to deny a motion to set …
Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit …
Article • August 1, 2024 • from CLN August, 2024
FBI Encourages Use of Controversial Surveillance Program Despite Misuse by Jo Ellen Nott by Jo Ellen Nott A top FBI official is urging his agents to continue using a warrantless foreign surveillance program, Section 702, to justify the bureau’s surveillance powers. This program, which has been misused to target U.S. …
Article • August 1, 2024 • from CLN August, 2024
Kansas Supreme Court Severs ‘Noisy Conduct’ Law as Unconstitutionally Overbroad by David Reutter by David M. Reutter The Supreme Court of Kansas ruled that the “noisy conduct” provision in a Wichita ordinance is unconstitutionally overbroad under the First Amendment. The Court severed the provision from the constitutional “fighting words” provision …
Louisiana Supreme Court Finds Prosecution Withheld Favorable Impeachment and Exculpatory Evidence in Violation of Brady by Matthew Clarke The Supreme Court of Louisiana vacated four 23-year-old convictions and death sentences because the prosecution withheld impeachment and exculpatory evidence in violation of the defendant’s due process rights. In 2001, Darrell J. …
Article • August 1, 2024 • from CLN August, 2024
California Supreme Court: Presence in High Crime Area and Desire to Avoid Contact With Police Does Not Amount to Reasonable Suspicion Justifying Detention for Suspected Criminal Activity by Sam Rutherford by Sam Rutherford “The body of America’s Fourth Amendment jurisprudence reflects the effort to strike a balance between the state’s …
Big Money and Massive Surveillance: The Finance Industry’s Partnership With Federal Law Enforcement by Douglas Ankney by Douglas Ankney The U.S. House of Representatives’ Committee on the Judiciary (“Committee “) released a report on March 6, 2024, entitled “Financial Surveillance in the United States: How Federal Law Enforcement Commandeered Financial …
Bluetooth Surveillance Tool Added to List of Known Cache of DHS’ Surveillance Technology by Douglas Ankney by Douglas Ankney The Department of Homeland Security (“DHS”) has an impressive cache of surveillance technology that includes, inter alia, automated license plate readers (“ALPR”) and cell-­site simulators (“CSS”). The latest tracking and surveillance …
Demonstrable Remorse, Psychiatric Diagnoses, and Alternatives to Incarceration by Casey Bastian by Casey J. Bastian Probation officials play a critical role in the criminal justice process. These officials create pre-­sentencing reports containing both legal and extralegal information about the offender. This information is used to fashion sentencing recommendations. One factor …
Article • July 15, 2024 • from CLN July, 2024
Filed under: Wrongful Conviction
Cold Case Killer Kelly Siegler Is a True-Crime Celebrity. Did She Frame an Innocent Man for Murder? by Liliana Segura, Jordan Smith Part 1 The Prosecutor and the Snitch Ring “Cold Justice” star Kelly Siegler relied on jailhouse informants to win convictions despite reasons to doubt their credibility. by Liliana …
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